A transport-based business is any business that relies upon the use of some form of transportation. Common examples are trucking, warehousing, railroads, oil and gas pipelines, airports, public ports, motor freight carriers, bus lines, and shipbuilding corporations. Many transport-based businesses will have a legal department to assist with specific legal issues. However, they should also consider using professional legal counseling instead of relying on in-house counsel for all legal issues. In this article, we discuss some of the advantages of using professional legal counseling for all transport-based businesses.

Get Expert Help When Dealing With Legal Disputer

Many transport-based businesses will have legal issues arise that require the assistance of a lawyer. For example, if a truck accident occurs in Folsom due to a blind spot and leads to personal injury and/or property damage, the parties involved may need to engage in negotiations and/or litigation. Depending on the laws where the accident happened, different attorneys will be needed for various stages of representing both clients. The injured party, in this case, will probably hire a blind spot accident attorney in Folsom, CA, to represent him in a personal injury claim against the truck driver. If a car accident leads to a criminal investigation or prosecution, a trucking company will need a good accident attorney to represent them as well. The costs associated with defending a lawsuit can be quite expensive and using professional legal counseling can help transport-based businesses prepare for litigation and create a comprehensive defensive strategy. 

Save Time and Money

In-house counsel typically spends a lot of time on administrative tasks, such as creating contracts and other business documents, reviewing contracts from competitors and suppliers, compiling data for audits or tax filings, etc.  A law firm can provide all these services promptly while freeing up the in-house counsel’s time to focus on substantive legal matters. In addition, in-house counsel may have access to a greater number of lawyers for specialized tasks in certain areas of law whereas a law firm will typically include more experienced attorneys that mitigate risk by having experience with multiple types of transactions. Moreover, when problems arise with customers or suppliers regarding breach of contract claims or disagreements over obligations under commercial agreements, having an outside agency takes the matter out of the hands of in-house counsel who are also responsible for representing the business.

Avoid Conflicts Of Interest When Representing The Company And Its Employees

In most cases, an employee will have a conflict of interest when he has to represent both his employer and himself in a legal matter. That is because if he chooses to protect one client, he will inevitably have to harm the other client. For example, an attorney may be able to prevent his client from being sued if he removes evidence that would likely lead to liability but doing so would place his client’s company at risk for breaching its contract with another party. Thus, it is better to practice for both attorneys and their clients benefit to utilize outside counsel rather than having an in-house counsel represent both the company and individual employees.

It Can Help Define/Take Advantage Of Industry Trends

One area in which transport-based businesses can benefit from using professional legal counseling is in defining or taking advantage of current trends in the industry they are involved in. For example, an oil and gas pipeline company should use professional legal counseling to understand the environmental regulations that are likely to be imposed on them by both federal and state governments. This would include understanding any new legislation that could affect their business practices, as well as understanding how current legislation may affect their business practices in the future. Because of these changing regulations, oil and gas pipeline companies need to work with legal counsel to better understand the risks they face.

Keep Up With New Regulations

The government is constantly creating new regulations that change the way transport-based businesses do business. For example, there are many federal laws and state laws that regulate business with firearms which include licensing, background checks, etc. This is to ensure that weapons are kept out of the hands of people who would pose a danger to others. These rules often apply not only if you own a gun store but also even if you sell guns online or at gun shows as well. Thus, any transporter needs to understand the legal requirements they must follow when transporting illegal weapons or firearm components to avoid serious consequences such as fines, lawsuits, or worse yet an arrest on their record.

In summary, using professional legal counseling can be a cost-effective way for transport-based businesses to protect their business from unnecessary liability and position themselves for success. This is why transport-based businesses need to choose attorneys with experience in the industry they are involved in. So if you own or run a transport-based business, hiring a reputable attorney should be one of your top priorities. 

Hernaldo Turrillo

Hernaldo Turrillo is a writer and author specialised in innovation, AI, DLT, SMEs, trading, investing and new trends in technology and business. He has been working for ztudium group since 2017. He is the editor of openbusinesscouncil.org, tradersdna.com, hedgethink.com, and writes regularly for intelligenthq.com, socialmediacouncil.eu. Hernaldo was born in Spain and finally settled in London, United Kingdom, after a few years of personal growth. Hernaldo finished his Journalism bachelor degree in the University of Seville, Spain, and began working as reporter in the newspaper, Europa Sur, writing about Politics and Society. He also worked as community manager and marketing advisor in Los Barrios, Spain. Innovation, technology, politics and economy are his main interests, with special focus on new trends and ethical projects. He enjoys finding himself getting lost in words, explaining what he understands from the world and helping others. Besides a journalist, he is also a thinker and proactive in digital transformation strategies. Knowledge and ideas have no limits.

The post Why Should Transport-Based Businesses Use Professional Legal Counseling appeared first on OpenBusinessCouncil Directory.

A transport-based business is any business that relies upon the use of some form of transportation. Common examples are trucking, warehousing, railroads, oil and gas pipelines, airports, public ports, motor freight carriers, bus lines, and shipbuilding corporations. Many transport-based businesses will have a legal department to assist with specific legal issues. However, they should also consider using professional legal counseling instead of relying on in-house counsel for all legal issues. In this article, we discuss some of the advantages of using professional legal counseling for all transport-based businesses.

Get Expert Help When Dealing With Legal Disputer

Many transport-based businesses will have legal issues arise that require the assistance of a lawyer. For example, if an accident with trucks occur in Folsom due to a blind spot and leads to personal injury and/or property damage, the parties involved may need to engage in negotiations and/or litigation. Depending on the laws where the accident happened, different attorneys will be needed for various stages of representing both clients. The injured party, in this case, will probably hire a blind spot accident attorney in Folsom, CA, to represent him in a personal injury claim against the truck driver. If a car accident leads to a criminal investigation or prosecution, a trucking company will need a good accident attorney to represent them as well. The costs associated with defending a lawsuit can be quite expensive and using professional legal counseling can help transport-based businesses prepare for litigation and create a comprehensive defensive strategy. 

Save Time and Money

In-house counsel typically spends a lot of time on administrative tasks, such as creating contracts and other business documents, reviewing contracts from competitors and suppliers, compiling data for audits or tax filings, etc.  A law firm can provide all these services promptly while freeing up the in-house counsel’s time to focus on substantive legal matters. In addition, in-house counsel may have access to a greater number of lawyers for specialized tasks in certain areas of law whereas a law firm will typically include more experienced attorneys that mitigate risk by having experience with multiple types of transactions. Moreover, when problems arise with customers or suppliers regarding breach of contract claims or disagreements over obligations under commercial agreements, having an outside agency takes the matter out of the hands of in-house counsel who are also responsible for representing the business.

Avoid Conflicts Of Interest When Representing The Company And Its Employees

In most cases, an employee will have a conflict of interest when he has to represent both his employer and himself in a legal matter. That is because if he chooses to protect one client, he will inevitably have to harm the other client. For example, an attorney may be able to prevent his client from being sued if he removes evidence that would likely lead to liability but doing so would place his client’s company at risk for breaching its contract with another party. Thus, it is better to practice for both attorneys and their clients benefit to utilize outside counsel rather than having an in-house counsel represent both the company and individual employees.

It Can Help Define/Take Advantage Of Industry Trends

One area in which transport-based businesses can benefit from using professional legal counseling is in defining or taking advantage of current trends in the industry they are involved in. For example, an oil and gas pipeline company should use professional legal counseling to understand the environmental regulations that are likely to be imposed on them by both federal and state governments. This would include understanding any new legislation that could affect their business practices, as well as understanding how current legislation may affect their business practices in the future. Because of these changing regulations, oil and gas pipeline companies need to work with legal counsel to better understand the risks they face.

Keep Up With New Regulations

The government is constantly creating new regulations that change the way transport-based businesses do business. For example, there are many federal laws and state laws that regulate business with firearms which include licensing, background checks, etc. This is to ensure that weapons are kept out of the hands of people who would pose a danger to others. These rules often apply not only if you own a gun store but also even if you sell guns online or at gun shows as well. Thus, any transporter needs to understand the legal requirements they must follow when transporting illegal weapons or firearm components to avoid serious consequences such as fines, lawsuits, or worse yet an arrest on their record. There are also laws regarding waste disposal, so if you operate vacuum trucks that carry waste, you may also wish to get a lawyer who will be able to advise you on how you can ensure that you are fully compliant when it comes to your industry’s regulations.

In summary, using professional legal counseling can be a cost-effective way for transport-based businesses to protect their business from unnecessary liability and position themselves for success. This is why transport-based businesses need to choose attorneys with experience in the industry they are involved in. So if you own or run a transport-based business, hiring a reputable attorney should be one of your top priorities. 

Hernaldo Turrillo

Hernaldo Turrillo is a writer and author specialised in innovation, AI, DLT, SMEs, trading, investing and new trends in technology and business. He has been working for ztudium group since 2017. He is the editor of openbusinesscouncil.org, tradersdna.com, hedgethink.com, and writes regularly for intelligenthq.com, socialmediacouncil.eu. Hernaldo was born in Spain and finally settled in London, United Kingdom, after a few years of personal growth. Hernaldo finished his Journalism bachelor degree in the University of Seville, Spain, and began working as reporter in the newspaper, Europa Sur, writing about Politics and Society. He also worked as community manager and marketing advisor in Los Barrios, Spain. Innovation, technology, politics and economy are his main interests, with special focus on new trends and ethical projects. He enjoys finding himself getting lost in words, explaining what he understands from the world and helping others. Besides a journalist, he is also a thinker and proactive in digital transformation strategies. Knowledge and ideas have no limits.

The post Why Should Transport-Based Businesses Use Professional Legal Counseling appeared first on OpenBusinessCouncil Directory.

While the size of the personal injury claims market may have contracted slightly through 2021, this sector was still worth an estimated £3.92 billion during this time.

This should come as no surprise, as getting hurt at home or in the workplace can have significant consequences (both in terms of physical health and finances), while millions of people are injured because of someone else’s negligence every year.

Despite this, the typical personal injury claims process remains alien to some. So, we’ll explain this in further detail below, while asking how you can improve your chances of claiming successfully.

How Do Personal Injury Claims Work?

When looking to make a personal injury claim, it’s first important to ensure that you’re within the legal time limit. 

This is fixed at three years from the date you were injured or became aware of your injury, and claims that fall outside of this restriction won’t be eligible to receive compensation.

There are exceptions to this rule, of course, such as instances where the claimant is a child or the injured party lacks the mental capacity to start a claim as a result of their injuries. In the former instance, the three-year limitation period starts on the claimant’s 18th birthday, while the latter will be subject to the rule once they’ve regained their mental capacity.

In terms of the details of your claim, your personal injury lawyer may deploy a Pre-Action Protocol in instances where its value is £25,000 or less. This is a procedure that’s put in place to help you make your claim without having to attend court, minimising costs and driving quicker outcomes in the process,

Of course, some types of claim fall outside of the protocol, including high value claims, road traffic accidents or cases where you may have been partly at fault. Don’t forget to check out: https://www.gibsonhillpc.com/houston-personal-injury-attorneys/car-accidents/ for experienced attorneys who can help you get the maximum compensation for your injuries.

What About the Process?

When you initially speak to a solicitor, you’ll be asked some initial questions to help build and verify your case. At this stage, a ‘Claim Notification Form’ is sent to the potential defendant or their insurance firm, providing formal notice of your intentions and affording the other side 24 hours in which to reply.

The next step is for your solicitor to send a more detailed ‘Letter of Claim’, which is sent directly to the defendant or their lawyer. 

This will detail the incident, details of your injury and how they were incurred, while also setting out your subsequent losses (including legal expenses) and the value of your claim. The other party then has 21 days to acknowledge your Letter of Claim, and a further three months to investigate the details further.

Understanding this process is key to achieving a quick and successful resolution for your personal injury claim, as is hiring a qualified personal injury solicitor just as soon as you can.

This will ensure that an expert oversees and manages your claim, while improving the quality of communication between all parties and guaranteeing the supply of accurate information. You can visit Hach & Rose, LLP for more information about the 7 Steps You Should Take After a Car Accident.

Hernaldo Turrillo

Hernaldo Turrillo is a writer and author specialised in innovation, AI, DLT, SMEs, trading, investing and new trends in technology and business. He has been working for ztudium group since 2017. He is the editor of openbusinesscouncil.org, tradersdna.com, hedgethink.com, and writes regularly for intelligenthq.com, socialmediacouncil.eu. Hernaldo was born in Spain and finally settled in London, United Kingdom, after a few years of personal growth. Hernaldo finished his Journalism bachelor degree in the University of Seville, Spain, and began working as reporter in the newspaper, Europa Sur, writing about Politics and Society. He also worked as community manager and marketing advisor in Los Barrios, Spain. Innovation, technology, politics and economy are his main interests, with special focus on new trends and ethical projects. He enjoys finding himself getting lost in words, explaining what he understands from the world and helping others. Besides a journalist, he is also a thinker and proactive in digital transformation strategies. Knowledge and ideas have no limits.

The post What to Expect When Making a Personal Injury Claim appeared first on OpenBusinessCouncil Directory.

The government has traditionally restricted the use of kickbacks and banned conflicts of interest in health care delivery in order to protect patients and taxpayer funds. Apparently, Eliminating Kickbacks In Recovery Act (EKRA) Law is close to the Anti-Kickback Statute (AKS), 42 U.S.C. § 1320a-7bb (b). 

Kickbacks are also criminalized under the Anti-Kickback Statute (AKS) for goods and services provided by federal healthcare programs. But there are main differences that, when necessary, make Eliminating Kickbacks In Recovery Act (EKRA) a unique and useful tool.

Fraud schemes for health care come in several different ways and are carried out by companies around the health care sector. Manufacturers of medications, products, and supplies, health care professionals (such as physicians and hospitals), laboratories, insurance firms, and others have defrauded public health care systems.

The care that a patient receives should be focused on what is appropriate and necessary for that patient’s treatment, not whether their health care provider would financially benefit from choosing one treatment over another. 

In this article, you’ll know the importance of hiring an attorney who understands the EKRA law. To maintain compliance in regards to the EKRA laws, experienced healthcare attorneys help medical professionals and related companies and their customers as well to understand their new obligations under these laws.

The professionals from openbusiness.com offer financial, technology and innovation services and business information. The applicability of the EKRA law is extremely complex, as with all healthcare laws and regulations, and with such major possible implications, an experienced healthcare attorney should always conduct this assessment in order to help you.

What Is the Eliminating Kickbacks In Recovery Act (EKRA) Law?

The Eliminating Kickbacks in Recovery Act prevents anyone from paying, accepting or asking for any remuneration, in consideration of referrals to rehab homes, clinical care services or laboratories. 

This law was enacted by the Congress on October 24, 2018. The law, 18 U.S.C. § 220 (Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories) is explained below.

Offenders: 

• To people that request or receive any remuneration (including any kickback, bribe or rebate) in cash or in kind, directly or indirectly, publicly or covertly, in exchange for referring the patient or caregiver to a rehab home, clinical treatment center or laboratory.
• To people that pay or sell, directly or indirectly, openly or covertly, in cash or in kind, any remuneration (including any kickback, bribe or rebate).
• To people that induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory.
• Offenders shall be fined not more than $200,000, imprisoned not more than 10 years, or both, for each occurrence.

EKRA’s Background- How Does It Relate To The Situation Today?

The EKRA law was part of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act). There was an increase in demand for clinical and medical testing services last October 2018. In reaction to the opioid crisis, the EKRA law was passed. 

Although it was implemented to combat an entirely different crisis that has crippled areas of the nation, the scope of EKRA makes it specifically applicable to COVID-19 testing providers. It is extended to all laboratories and all payers not only limited to opioid abuse testing and federal healthcare programs.

Year 2020, patients and the public had been commonly checked for COVID-19 exposure. However, the rise in demand for COVID-19 testing raises its own set of possible enforcement issues and risks. 

Clinical laboratories providing COVID-19 research should take care to ensure conformity with the federal Anti-Kickback Statute (AKS) and the Eliminating Kickbacks in Recovery Act (EKRA).

How Does The Eliminating Kickbacks In Recovery Act (EKRA) Law Work?

Under EKRA, all recovery-related kickbacks can be investigated by prosecutors, not just those that threaten to affect the public revenue.

Many different types of services offer health care in many environments, such as hospitals, physicians’ offices, outpatient surgery centers, medical testing facilities, skilled nursing facilities, laboratories, home health and hospice organizations, ambulance companies, mental health facilities, and more. Fraudulent activities can and do occur in all these situations.

As it is referred to any facility covered by a health care insurance program, the EKRA removes that problem. Any public or private initiative that offers medical services is a health care insurance program. As a consequence, EKRA laws apply if medical services are rendered, whether the service is covered by public insurance, private insurance, or by self-payment by the patient.

Difference Between Anti-Kickback Statute (AKS) and Eliminating Kickbacks in Recovery Act (EKRA) Law

In connection with any governmental healthcare program, the Anti-Kickback Statute forbids knowingly and wilfully making a payment to encourage patient referrals or generate business. On the other hand, EKRA is applicable to “services covered by a benefit program for health care.”

Health care professionals and other persons who enter into agreements with or on behalf of rehabilitation homes, clinical treatment facilities and laboratories, therefore, must not depend on the AKS exemption to meet a similar exception under the EKRA. Instead, each law’s complexities must be considered separately.

EKRA 2021 Laws- There’s More

Investigations and trials have commenced and are expected to begin in 2021 for EKRA violations. Because of its potential to encompass not only a wider spectrum of conduct between laboratories, clinics, rehabilitation centers, or other therapeutic care facilities and their marketing employees, EKRA 2021 laws stand to be one of the most significant new pieces of legislation in 2021, but also because such conduct was previously considered permissible under the Anti-Kickback Law.

As the nation copes with COVID-19-related fraud and increased testing, treatment and care, federal government compliance and prosecution under EKRA are also likely to increase.

Conclusion

To summarize the EKRA laws, first, EKRA forbids any remuneration for the referral of patients to laboratories, clinics or treatment homes from being solicited or obtained. 

Next, EKRA amplifies the existing statutory law prohibiting paybacks by applying not only to government health care programs but also to private health care programs. 

Lastly, EKRA pressures laboratories and some healthcare providers in order to reassess their relationship with their sales and marketing employees.

In view of the similar but conflicting EKRA specifications and the current federal and state laws regulating the same arrangements, healthcare providers and other persons subject to EKRA should consult with a professional to assess the relevant federal and state laws for each arrangement and to understand how EKRA affects healthcare organizations. This is important because EKRA will result in both criminal charges and jail sentences.

Hernaldo Turrillo

Hernaldo Turrillo is a writer and author specialised in innovation, AI, DLT, SMEs, trading, investing and new trends in technology and business. He has been working for ztudium group since 2017. He is the editor of openbusinesscouncil.org, tradersdna.com, hedgethink.com, and writes regularly for intelligenthq.com, socialmediacouncil.eu. Hernaldo was born in Spain and finally settled in London, United Kingdom, after a few years of personal growth. Hernaldo finished his Journalism bachelor degree in the University of Seville, Spain, and began working as reporter in the newspaper, Europa Sur, writing about Politics and Society. He also worked as community manager and marketing advisor in Los Barrios, Spain. Innovation, technology, politics and economy are his main interests, with special focus on new trends and ethical projects. He enjoys finding himself getting lost in words, explaining what he understands from the world and helping others. Besides a journalist, he is also a thinker and proactive in digital transformation strategies. Knowledge and ideas have no limits.

The post The Importance of Hiring An Attorney Who Understands the EKRA Law appeared first on OpenBusinessCouncil Directory.