EmploymentQuestion 1093 of 1632

If an employer fails to post the required workers' compensation notice and an employee is later injured, the missing posting can:

a.Be evidence and may extend the deadline
b.Have no effect on the claim at all
c.Cancel the employee's own coverage
d.Double the employer's UI tax rate

Explanation

Labor Code §3550(a) makes failure to post the workers' compensation notice a misdemeanor, and §3550(e) provides that the failure is admissible as evidence in a proceeding against the employer - in practice it undercuts any argument that the worker knew of and slept on the claim, so the limitation defense weakens. (b) is the belief that a posting is a formality with no downstream effect, and it is the reason the notice goes missing from trailers. (c) inverts the injury: the worker's coverage is unaffected, since it comes from the policy, not the poster - the only party harmed is the employer. (d) borrows the UI experience-rating mechanism, which responds to unemployment claims, not to posting failures.

Law Reference: Labor Code §3550(e); §3550(a)

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