There is currently no legislative rule addressing this requirement, and the workplace
notices required by § 23-2C-15(c) are not subject to review or approval by the OIC.
However, OIC interprets this statute as requiring two basic pieces of information
to be set forth in the notice.
First, the statute simply requires that the notice include the name, business address
and telephone number of the employer’s workers’ compensation insurer. This requirement
is straightforward and self-explanatory.
Second, the statute requires that the notice should contain information regarding
the “person” an injured worker may contact with any questions he or she may have
regarding a claim. OIC interprets this requirement broadly. The “person” identified
in the notice may be 1) an employee of the injured worker’s employer – for example,
a manager, human resources director or employee benefits coordinator; 2) an adjuster
for the insurer; or 3) the insurer’s third-party claims administrator. However,
the “person” identified: 1) should be readily available to the injured worker to
personally assist the injured worker with the injured worker’s claim; and 2) should
possess sufficient knowledge about the workers’ compensation claims process to adequately
With regard to the physical composition of the notice, the statute provides no requirements
with regard to the composition or size of the notice, or typeface used in the notice,
and these determinations are left to the discretion of the insurer. It should be
noted that the statute requires the notice to be posted in a conspicuous place upon
the employer’s premises. Consistent with spirit of this directive, notices should
be composed in a fashion that will provide workers with the required information
in a legible format that can be easily seen and understood.