AB5 Brings More California Workers Into Workers’ Compensation Fold

For almost 25 years Slade Neighbors has represented clients in workers’ compensation cases before California courts. A certified expert on Medicare Set Aside issues and the Medicare Secondary Payer Act, Slade Neighbors keeps abreast of changes in California law that have ramifications on workers’ compensation. One of these is the passage and coming into effect of Assembly Bill 5 (AB5).

AB5 was passed in September 2019 and came into effect on Jan. 1, 2020. The law put in place new rules for determining whether workers were employees or independent contractors. Before, employers classified many workers as independent contractors, precluding them from enjoying benefits available to employees such as workers’ compensation and unemployment insurance.

The new rules presume a worker to be an employee unless the employer can show that the worker: is free from the hiring company’s control, performs work outside the course of business of the hiring company, and is established independently in that trade or business. AB5 applies to all California workers and on July 1, 2020, it became effective for purposes of workers’ compensation.

The Value of the MSCC Credential

Specializing in workers’ compensation, Slade J. Neighbors is a California-based defense attorney with more than three decades of experience. To better serve his clients, Slade J. Neighbors holds the distinction of being both a Certified Medicare Secondary Payer Professional (CMSP) and Medicare Set-aside Consultant Certified.

Overseen by the International Commission on Health Care Certification (ICHCC), the Medicare Set-aside Consultant Certified (MSCC) credential aims to identify remarkable professionals working in the area of workers’ compensation. Health care legal representatives, insurance claims adjusters, and other professionals are invited to apply for the credential. They must have demonstrated expertise in regard to the application and development of the process of arranging Medicare set-aside trusts, as well as completed specific preapproved training.

Among its key purposes, the MSCC credential is designed to instill confidence among consumers. For each of its credentials, the ICHCC maintains a board of commissions that oversees the certification process as well as investigates all allegations and field complaints leveled toward an individual who is credentialed by the group. Accordingly, anyone who obtains an MSCC must agree to adhere to the specific standards governing professional behaviors and ethics laid out by the ICHCC.

A Brief Overview of Medicare Set Aside Accounts

An accomplished attorney in Encino, California, Slade J. Neighbors has led Slade Neighbors, A Professional Law Corporation, for more than two decades. A noted figure in the field of workers’ compensation law, Slade J. Neighbors stands out as one of the few attorneys in California who specialize in Medicare Set Aside issues.

Individuals who are injured on the job may be eligible for workers’ compensation. These payments, which often take the form of settlements, are intended to pay for the individual’s medical treatment resulting from the injury. However, some plaintiffs may also be eligible for or covered under Medicare, the government-run health insurance program. To ensure that the settlement money is used to pay for the medical treatment resulting from a workers’ compensation injury before Medicare kicks in, a Medicare Set Aside account may be necessary.

Because Medicare is considered a “secondary payer” in workers’ compensation cases, the program will only cover expenses after the settlement money has been exhausted. As such, a Medicare Set Aside account may be used to reimburse Medicare if the program already paid for any medical expenses related to the injury. Additional settlement money should be kept in the Medicare Set Aside account for any future medical treatment related to the injury, especially for chronic conditions that may need ongoing medical attention for years to come.

Workers’ compensation cases and Medicare Set Aside accounts inhabit a complex, constantly evolving landscape. For this reason, experts recommend that individuals involved in these cases seek the services of an attorney who specializes in workers’ compensation and Medicare Set Aside issues.

Workers’ Compensation – A Century-Old Workplace Safety Net

Slade J. Neighbors, a Southern California attorney focusing on workers’ compensation defense, has devoted two decades to working with corporate and third-party insurers and self-insured businesses. At the offices of Slade Neighbors, he addresses liens, fraud, willful injuries, and other topics.

Modern workers’ compensation laws have their roots in the Industrial Revolution, with the birth of large factories and economies of scale. For the first time, injured workers looked toward the judicial system for assistance, although legal framework was restrictive and significantly favored the employer.

German chancellor Otto von Bismarck, in 1871, codified the rules governing the social safety net he had begun building into that country’s Employers’ Liability Law. Thirteen years later, Bismarck championed accident insurance for workers, a revolutionary step that paved the way for European and American workers’ compensation laws.

At about the same time, California began to implement far-reaching health and safety regulations, such as its turn-of-the-century laws governing factory workplaces.

In 1911, a fire at New York’s Triangle Waist Factory resulted in the death of 146 workers and galvanized legislators and the public toward broad legislation governing the employee-employer relationship. California joined the wave of states passing workers’ compensation and safety laws, while the era also saw the growing influence of labor statisticians and accident-prevention experts.

Today, workers’ compensation increases the security of employees and businesses. Mandatory workers’ comp policies pay for medical treatment, lost wages, and accidental deaths. They additionally assist employers in paying out claims arising from lawsuits by employees claiming injury.