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Lexington and Louisville Law Blog

A positive company culture could help prevent disputes

There are many advantages to having a positive company culture. Recent studies conducted have found links between companies with strong and positive cultures and increased productivity as well as reduced employee turnover. In addition to this, companies who have a positive culture experience fewer internal conflicts and legal disputes.

If you want to avoid disputes occurring in your workplace, you may want to consider investing time and energy into developing a strong corporate culture in your company. The following are some ways in which you can do this.

The key elements of a bad faith insurance claim

Insurance companies have the responsibility to investigate all claims made by insurance carriers. Many of these claims may not qualify for compensation, however, because they do not fulfill requirements set out in the initial contract. As a result, the insurance company will deny the claim.

Understandably, many insurance carriers may become confused or angry as a result of them having their claim denied. They may believe that the insurance company acted in bad faith and as a result, they may take legal action against them. The following is an overview of the elements that need to be proven in this case.

Defenses to billing fraud as a medical professional

Medical professionals can be frequently accused of engaging in Medicare or Medicaid billing fraud. This could be due to them being accused of making excessive, false or unauthorized charges. However, these reimbursement requests are often made out of genuine error or because of an honest mistake.

If you have been accused of billing fraud as a medical professional, it is important that you aggressively defend yourself. Being charged with health care fraud could have serious legal consequences, and your reputation as a medical professional could be at stake. Understanding the elements of the crime of fraud could help you to form your defense.

Common truck company defenses after an accident

Since the trucking industry is so highly regulated, it's fairly uncommon for a truck driver or truck company to be to blame for the occurrence of an accident. However, many individuals who have been involved in an accident with a truck do try to pursue personal injury claims in the hope that they will gain back damages.

There are several ways that trucking companies can defend themselves and their drivers against being held to blame for causing an accident. The following are some of the most common forms of defense.

Understanding the Kentucky Pregnant Workers Act

At the end of June 2019, a new law came into effect in Kentucky called the Kentucky Pregnant Workers Act. This established additional rights for pregnant employees that can make their work experience easier.

If you are pregnant or planning to become pregnant and you have a job in Kentucky, you should gain a good understanding of the Kentucky Pregnant Workers Act, as well as other laws. This will help you to understand your rights and to take action if you believe that your rights have been violated.

What you do to minimize harassment and discrimination at work

Every employer in Fayette and throughout the rest of Kentucky should provide a safe and healthy working environment for their employees. Employers can show their workers that they value and respect them and plan to abide by the existing employment laws by establishing and enforcing anti-discrimination and sexual harassment policies and training sessions.

According to the Equal Employment Opportunity Commission (EEOC), all employers should have documented anti-harassment and discrimination policies that their employees should be asked to read and sign off on. Those policies should outline what constitutes inappropriate conduct and should also admonish workers that no discrimination or harassment of any type will be tolerated in the workplace.

Federal Regulators Consider Changes to Allow for Flexibility with Hours of Service

The Federal Motor Carrier Safety Administration (FMCSA) expects to publish a new proposed rule in the Federal Register on August 19, 2019 that would allow for increased flexibility for drivers that are caught in delays caused by unexpected traffic or at loading docks. The publication of the proposed rule in the register starts a 45-day public comment period.

Could an aggressive offensive maneuver defeat a bad-faith claim?

Insurance companies are often hit with bad-faith claims for a variety of reasons -- some far less valid than others.

When a plaintiff is alleging that a claim was unfairly denied, delayed or underpaid, you can take several different approaches to resolve the issue. In some cases, mediation or negotiation is appropriate. However, when a claimant is clearly exaggerating, presents conflicting information or simply doesn't want to negotiate in any reasonable manner, you may have to change strategies. It may pay to go on the offensive.

12 Landrum & Shouse attorneys named to 2020 Best Lawyers list

08/15/2019 - Landrum & Shouse LLP is pleased to announce that 12 lawyers have been included in the 2020 Edition of The Best Lawyers in America©. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

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