Archive for April, 2015
Whenever you are looking to start a business (doesn’t matter if it is an online or offline venture), it’s always good to get in touch with legal experts or local governing bodies to get an idea of laws and regulations that will affect your business. From advertising and marketing to workplace safety, and finance to intellectual property laws, there are certain rules and regulations that you need to abide by, not to forget the licensing or registrations that you will have to go through before commencing a business.
Business laws can differ from one country to another and one state to another state, so it’s always advisable to do the due diligence and save your business from trouble later on. There are certain laws that affect a specific type of businesses, for example, the food safety laws are devised for businesses dealing in food & beverages, or import and export laws for businesses involved in import and export. But there are some laws that affect almost all businesses, for example income tax laws or labor laws.
Labor laws consist of laws,decrees, rules, and regulations that involve the relation of employees and employers. Some common labor laws include minimum wage, working hours, child labor, worker’s safety, or workers compensation. Let’s have a look at some of these laws. But remember that this post is meant only as an overview, and you must consult with the legal experts and the concerned authorities to be sure of your rights and obligations.
Its mind boggling to know that working hours were ranging from 10 – 16 hours, and that too for six days a week in the olden days. These days, eight hours a day or 40 – 48 hours a week is pretty much a standard in all developed countries. However, the employees can choose to work for extended hours on their own (in return of overtime compensation). Of course there are exceptions, and you won’t see this law being applied at some places or in certain sectors, still you need to keep your working hours somewhere near to the standard.
Work Health and Safety:
To start with, you need to provide your workers with a safe working environment, to make sure workers are not subjected to injuries or illness due to the working conditions or nature of job. You need to make sure that appropriate safety measures are in place, protective gear is available when needed, and all sorts of safety standards are observed at workplace, plants, warehouse, and transport.
In case a worker suffers a job related injury or illness, the business will have to pay for medical and rehabilitation bills, disability payments, and other benefits depending on the severity of the injury or illness. Again, workers compensation laws will vary from one place to another, so you need to consult with the local experts (e.g. workers compensation Atlanta) instead of relying solely on the online information.
Wages & Overtime Compensation:
Minimum wages rates can range from as high as $20,000+ (per annum) to as low as $800 or lower in developing countries. Minimum wage law means that you cannot hire employees for less than the minimum monthly, hourly, or daily wage set by the government. Similarly certain countries or states make it obligatory for businesses to pay higher rates to employees working overtime.
Medical malpractice lawyers are of great importance as they help you in filing a case when a doctor makes a mistake that results to harm. A good attorney should help you in the following stages:
This is the first thing that a good lawyer should do. He should contact all the doctors, hospitals, and other health care providers who are directly or indirectly involved in the alleged malpractice. When the lawyer contacts the involved parties, he should ask for copies of the relevant medical records.
After getting the records he should do extensive research and understand the condition that you were suffering from. He should also understand how to treat the condition.
In addition to seeking for information online, a good attorney should also seek help from an expert. For example, if you were suffering from asthma at the time of the malpractice, the attorney should contact an asthma expert and learn as much about the condition as possible. The lawyer should also ask the expert whether you were treated the right way.
Once the attorney has done his research and has come up with a conclusion that there was malpractice, he should file a lawsuit. He should then serve the defendants and their attorneys with copies of papers that show that a lawsuit has been filed.
At this stage the lawyer should find the people who will be witnesses in court. The attorney will determine what type of people they are, whether the jury will like them, and if they are believable.
He should also ask the witnesses to give their part of the story. After listening to all the witnesses, he should come up with a conclusion as to whether it’s wise to go to the next step.
Negotiations and settlement
The good thing with most medical malpractice cases is that they settle. This means that the cases don’t go to trial. The reason why the cases settle is because the insurance companies cover them.
Sometimes the negotiations towards settlement are unsuccessful and the involved parties are forced to go to trial.
At the trial stage the witnesses are asked to testify in court. To increase the chances of winning the case, the lawyer should prepare exhibits, visual aids, questions to witnesses, and opening statements. Although, an attorney should do everything possible to help you in winning the case, you should remember that the final decision lies with the judge.