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Alexandria, VA 22311
Many professionals, other than attorneys, are required to have an extensive knowledge of the law, though usually, the required knowledge is relegated to one specific area of law. These professionals are required to work within the legal framework established in the given area of law, and in most cases, compliance is strictly enforced. Violations of some laws can lead to termination of employment and also civil liability for both the employee who is in violation and the employer. While many requirements of legal knowledge and compliance exist, a few concepts are discussed below.
HIPAA stands for the Health Insurance Portability and Accountability Act. Perhaps the best known aspect of HIPAA is the Privacy Rule, which provides standards for protecting personal information of individuals regarding health and medical treatment, while allowing the efficient flow of necessary information among doctors, insurance providers, pharmaceutical providers, and medical billing specialists, among others. The Privacy Rule must be learned and observed by all workers in the medical field who have access to such information. Standards established in HIPAA must also be understood and observed by any supervisor in any place of employment that provides medical insurance. Supervisors who receives call-ins for sick time or otherwise become aware of medical issues, such as through requests for reasonable accommodation, for example, are equally as responsible as those in the medical field for maintaining the privacy of medical information pertaining to employees working under them.
OSHA stands for Occupational Health and Safety Administration, which is an agency of the federal government. OSHA sets standards for safety and health in the workplace. Any place of employment that involves hazardous materials, dangerous conditions such as large machinery, or otherwise places employees in jeopardy of injury or illness must observe OSHA standards for safety. Breaches in OSHA standards leading to injuries or illness can become costly expenses for companies in all areas of commerce.
One simple violation that creates the possibility of legal penalties by OSHA is failure to comply with the directive to promulgate hazardous materials in the workplace. Poisons, radioactive materials, biohazards, and other materials presenting a threat to health must be declared and identified to all workers who might be exposed to such materials.
Failure to train
42 USC 1983 provides that, “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured . . .” Case law based on this section of federal law establishes civil liability against employers, including governmental agencies, that fail to train employees in laws and standardized procedures when the failure leads to injury, illness, or civil violations of the rights of any individual.
Invoke your Legal Rights; Get Experienced Representation
If you or a loved one has suffered injury, illness, or violations of privacy and other civil rights resulting from a violation of law, demand just compensation. These laws exist to protect you, the citizen, and harm suffered as a result deserves justice and monetary recompense. Contact online or call the attorneys at The Kamerow Law Firm, PLLC,for a free and confidential consultation at 703-370-8088.