legal | No Passive Income https://nopassiveincome.com Take Action, Build Your Business! Thu, 29 Aug 2024 12:14:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://nopassiveincome.com/wp-content/uploads/2019/09/favicon.ico legal | No Passive Income https://nopassiveincome.com 32 32 General Liability Insurance vs. Workers Compensation Insurance https://nopassiveincome.com/general-liability-insurance-vs-workers-compensation-insurance/ Thu, 29 Aug 2024 12:14:26 +0000 https://nopassiveincome.com/?p=19843 When running a business, understanding the differences between general liability insurance and workers compensation insurance is crucial. General liability insurance covers claims related to third-party injuries or property damage. This means if a customer falls in your store or a contractor accidentally breaks a client’s property, general liability insurance would come into play. On the other […]

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When running a business, understanding the differences between general liability insurance and workers compensation insurance is crucial. General liability insurance covers claims related to third-party injuries or property damage. This means if a customer falls in your store or a contractor accidentally breaks a client’s property, general liability insurance would come into play.

On the other hand, workers compensation insurance focuses on employee-related incidents. If an employee gets injured or becomes ill due to job-related activities, workers compensation insurance provides medical benefits and wage replacement. It is important for employers to know that without this coverage, they could face significant financial risks from workplace injuries.

Both types of insurance serve different purposes but are essential for protecting a business’s financial health. Business owners should carefully evaluate their operations and risks to determine the appropriate coverage needed.

Understanding General Liability Insurance

General Liability Insurance is essential for protecting businesses against claims involving bodily injuries and property damage. It is vital for maintaining financial stability in cases of accidents, negligence, or unforeseen incidents.

Coverage Scope of General Liability Insurance

General Liability Insurance offers protection in various scenarios. Bodily injury coverage includes medical expenses and legal fees if someone is injured on business premises. Property damage covers the cost of repairing or replacing damaged property.

This insurance also includes personal and advertising injury protection. This covers claims of defamation, slander, or copyright infringement. Medical payments coverage ensures quick compensation for minor injuries without legal action.

Cost Factors for General Liability Insurance

Insurance premiums for General Liability Insurance vary based on several factors. The size and nature of the business play a crucial role; high-risk industries usually face higher premiums. The company’s claims history also affects the cost; more claims typically result in higher premiums.

Location and coverage limits further influence the premium pricing. Businesses in areas with higher litigation rates might pay more. Opting for higher coverage limits also leads to increased costs but provides better financial protection.

Benefits of General Liability Insurance

The benefits of General Liability Insurance are substantial. Firstly, it protects against financial losses from third-party claims, safeguarding business assets. It also enhances credibility; clients and partners view insured businesses as more reliable.

Additionally, this insurance can cover legal defense costs, whether the claim is valid or not. Having this coverage allows businesses to focus on growth and operations without fear of devastating financial setbacks.

Exploring Workers’ Compensation Insurance

Workers’ Compensation Insurance provides crucial coverage for work-related injuries and illnesses. This insurance ensures employees receive medical care and compensation for lost wages while protecting employers from lawsuits related to workplace incidents.

What Workers’ Compensation Insurance Covers

Workers’ Compensation Insurance primarily covers medical expenses related to work-related injuries and illnesses. This includes hospital stays, surgeries, medications, and rehabilitation. In addition to medical costs, this insurance also covers lost wages for employees unable to work due to their injuries.

Permanent disability benefits may also be provided if the employee cannot return to their previous job role. It also includes vocational rehabilitation services to help employees return to work in a different capacity if necessary. Death benefits may be available to the families of workers who suffer fatal incidents while performing their job duties.

Determining Premiums for Workers’ Compensation

Premiums for Workers’ Compensation Insurance are influenced by multiple factors. One critical factor is the industry classification of the business, as some industries pose higher risks than others. Another factor is the experience modification rate (EMR), which reflects the company’s past claims history.

Payroll size also affects the premium, with larger payrolls generally resulting in higher premiums. The company’s safety programs and protocols are evaluated too, as effective safety measures can reduce premiums. Insurance providers might also consider the state regulations where the company operates, since workers’ compensation requirements and rates can vary by state.

The Role of Workers’ Compensation in Employee Protection

Workers’ Compensation Insurance is vital for safeguarding employees. It ensures that they receive timely medical attention and financial support without incurring out-of-pocket costs. This protection allows injured workers to focus on recovery without the added stress of financial instability.

Employees are also protected from potential workplace hazards as employers are encouraged to maintain safe working environments to reduce insurance costs. Additionally, this insurance protects employees from losing a significant portion of their income due to inability to work, providing peace of mind for them and their families. Workers’ Compensation fosters a balanced relationship between employer and employee by outlining clear benefits while promoting workplace safety initiatives.

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How a Lawsuit Can Affect Your Online Business https://nopassiveincome.com/how-lawsuit-can-affect-online-business/ https://nopassiveincome.com/how-lawsuit-can-affect-online-business/#comments Thu, 21 Jan 2021 15:01:55 +0000 https://nopassiveincome.com/?p=16131 No one enjoys being sued, but this is especially true when your online business is at stake. A lawsuit will affect you long after the final judgment has been declared. It’s vital to know what to expect so that you can be prepared to do damage control.   Photo credit   Brand When you start an […]

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No one enjoys being sued, but this is especially true when your online business is at stake. A lawsuit will affect you long after the final judgment has been declared.

It’s vital to know what to expect so that you can be prepared to do damage control.  

Photo credit

 

Brand

When you start an online business, reputation plays a crucial role in how successful it’ll be. The reason for this is mostly because a positive image brings in new customers and keeps loyal ones. Despite all the efforts to keep the brand in good light, you may face legal problems at some point. 

If your service or product leads to something severe like aggravated manslaughter of a child, this will undoubtedly have a negative impact on how people see your brand. Any trust you’ve built with your customers will be lost, and it’ll take a long time to recover. In some cases, your business will have to shut down.

 

Cost

Any lawsuit is going to cause a loss in profits. The cost depends on what kind of case it is and if it’s covered by insurance if you have any. Paying for lawyers, court filing fees, and business loss will decrease your bottom line very quickly. 

The cost will significantly increase if you lose and have to pay damages. If the payment is contract related, there’ll be a limit to what’s owed to the person suing you. Punitive damages tend to be a much more considerable amount depending on the charges brought against you.

Image credit

 

Business Relationships

Being sued can easily make investors and other business partners uncomfortable about working with you. Sometimes legal action is unavoidable and poses no threat to your professional relationships. However, when the allegations are extensive enough, other entities will likely distance themselves from you.

If you’re losing money and clients at a rapid rate because of a lawsuit, partners in your business may want to cut their losses and withdraw financially. You’ll also struggle to make future connections with other people within the industry until you show proper changes and corrections in the way you operate.

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Final Thoughts

Without warning, your online business can become involved in legal problems. No matter how big or small they are, there’ll be multiple effects after dealing with the situation.

Damage to your brand’s reputation will lose not only your customers but also professionalism. No one wants to do business with a company with a negative image attached to it, and most lawsuits will cause that to happen. Additionally, the cost of being sued and the loss of incoming money will add up quickly and may cause further problems.

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Fearing Chapter 7? Here’s What You Need to Learn https://nopassiveincome.com/chapter-7/ https://nopassiveincome.com/chapter-7/#comments Thu, 12 Sep 2019 07:26:20 +0000 https://nopassiveincome.com/?p=13944 Most people are afraid of filing for bankruptcy in general. They think that filing for bankruptcy meant loss of credit score forever, loss of financial credibility and total wipeout of their assets and properties. While some of this can be true, many of these fears simply come from myths and misconceptions. Not to mention they have […]

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Most people are afraid of filing for bankruptcy in general. They think that filing for bankruptcy meant loss of credit score forever, loss of financial credibility and total wipeout of their assets and properties. While some of this can be true, many of these fears simply come from myths and misconceptions. Not to mention they have little idea that they have options – in a form of what we call “Chapters”. 

When they learned about the Chapters, they turn to fear Chapter 7 the most. 

Chapter 7 Bankruptcy case deals with liquidating your assets, and have the proceeds be paid to your creditors. In other words, you lose those assets and properties. Hence, many people avoid Chapter 7. 

While Chapter 7 is mainly about liquidation, your assets won’t necessarily be liquidated. If you get a great bankruptcy lawyer, you may even save most or all of your properties. This doesn’t mean Chapter 7 is always the best option out there, but at least, it’s good to consider it – instead of immediately avoiding it. 

When thinking of which chapters to file, it’s best you have an expert bankruptcy lawyer to help with your case! 

So, here are the things you need to learn about Chapter 7 Bankruptcy case. In the end, you will see that it isn’t just about liquidating your assets; it’s actually the last resort. 

 

1. Chapter 7 Is The Fastest And Easiest Way To Fix Your Debt Issues

You have to understand that every form of bankruptcy is a remedy to your debt issue. However, among all the Chapters, Chapter 7 is the easiest to file to because there’s little need for checking and documenting your assets. Let’s contrast that to Chapters 11 and 13. 

Chapter 11 and Chapter 13 need more requirements to make you eligible for filing them because they mainly focus on reorganizing and restructuring your assets to prepare for a repayment plan. Chapter 7 doesn’t require much, though you need to past a Means Test to be eligible to file it. 

 

2. You Can Eliminate Most (Sometimes, All) Of Your Unsecured Debts

An unsecured debt is a debt that’s not connected to an asset. A perfect example is a credit card or personal loan. 

Debts that are connected to an asset such as a car (auto loan) or house (mortgage) are called secured debts. 

In a Chapter 7 case, unsecured debts are the last priority, that’s why sometimes they’re just wiped off. 

 

3. Chapter 7 Provides You A Fresh Financial Start

One thing many people fear about bankruptcy is that, it will remain in their credit record for up to 10 years. Sadly, that’s true. But if you can’t even pay your debts anymore, there’s no choice but to save yourself through bankruptcy. 

What you should think about is how you’ll recover financially rather than how to save your credit records – the moment you sank in debts, your credit record is ruined anyway. In fact, bankruptcy, in this situation, is your saving grace – even if it remains in your record for 10 years. 

As far as cases are concerned, a person who filed for bankruptcy can recover his/her credit within 1-2 years, depending on how financially diligent he/she is. Although a bankruptcy record can distort your credit record, it will not totally ruin it if you’re disciplined and diligent in rebuilding your financial well-being. 

So, bankruptcy – of any Chapter, including Chapter 7 – will provide you a fresh financial start. 

 

4. Chapter 7 Provides You An Automatic Stay

What is an “automatic stay”? It means that your creditors can’t chase you off once you filed for bankruptcy. In general, except with certain relative limitations, you actually get to remain in power over your assets and properties. As said before, liquidation is the final resort – even in a Chapter 7 Bankruptcy case. 

In short, the idea that bankruptcy meant you’ll immediately lose your assets and properties is totally false. Yes, that can happen, but not that fast! 

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4 Reasons To Consult Legal Counsel Before Forming Your Company https://nopassiveincome.com/business-legal-counsel/ https://nopassiveincome.com/business-legal-counsel/#comments Mon, 24 Dec 2018 12:47:48 +0000 https://nopassiveincome.com/?p=12630 The best part about launching a business today is you can submit most paperwork online. This includes the most important paperwork of all: filing to create your business entity, whether it’s an LLC, an S Corp, or a standard C Corp. The process is easy, but before you submit your documents, make sure you contact […]

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The best part about launching a business today is you can submit most paperwork online. This includes the most important paperwork of all: filing to create your business entity, whether it’s an LLC, an S Corp, or a standard C Corp.

The process is easy, but before you submit your documents, make sure you contact an attorney for the following reasons:

 

1. You Might Form The Wrong Type Of Entity

While the option exists to form any type of business entity you want, some entities are a better option than others. For example, if you’re a freelancer or solopreneur, it doesn’t usually make sense to form a corporation. The initial filing fees might be cheaper than an LLC, but maintaining a corporation will unnecessarily complicate your life.

Both S Corps and C Corps require formalities like meetings, reports, and officers. This is to protect shareholder assets. If your C corporation goes bankrupt, and you didn’t maintain formalities, your personal assets might become fair game to creditors. If you form an S Corp, the IRS could end up putting you under a microscope to see if you’re misclassifying dividends as wages in order to pay lower taxes.

An LLC, on the other hand, is perfect for most freelancers, solopreneurs, and some small businesses with multiple owners. As Incfile explains, an LLC is simpler and more flexible than a corporation. There are no required formalities. The LLC business structure has the pass-through taxation of a partnership, and the limited liability of a corporation. Owners are referred to as members. An LLC is the most popular option among the 42 million independent contractors in the U.S.

It usually costs less than $300 to form an LLC and get a taxpayer ID number. If you’re the only owner, income is reported to the IRS like a sole proprietorship (except for the District of Columbia). When an LLC has multiple members, The IRS treats that LLC as a partnership for tax purposes.

The lack of required formalities is mostly a benefit, but can also be a problem. For example, the law doesn’t require multiple members to create an operating agreement. Without an agreement, member rights and responsibilities are unclear, which can lead to problems. When disagreements arise – and they will – you could find yourself arguing over daily decisions and positions of power. To avoid this issue it’s recommended to create an LLC operating agreement even if the state doesn’t require it. This document will ensure all of the business details are covered and enforceable.

A lawyer will tell you this right away and if you choose to form an LLC, they’ll help you draft up an agreement between all members.

 

2. Some Industries Are Barred From Forming Llcs

There are some businesses and industries that can’t form an LLC. This is generally limited to financial companies like banks, trust companies, and insurance agencies. California bans architects, accountants, and licensed healthcare providers from forming an LLC.

If you aren’t allowed to form an LLC, and you try, you might get denied right away. If you somehow slip through the cracks, you could end up in a mess when it’s discovered.

 

3. There Are Important Differences Between S Corps And C Corps

An S corporation is designed for smaller businesses. S corporations are treated as pass-through entities, but face more scrutiny from the IRS looking for misclassified dividends. S corporations are limited to 100 shareholders, while C corporations can have unlimited shareholders. S corporations are also limited to offering one type of stock.

If you’re a freelancer, unless you’re looking for funding from a venture capitalist or your tax advisor suggests it, don’t form a C corp. You’ll end up paying a significant portion of your income for double taxation. The S corp portion of the tax code was specifically created to eliminate the double taxation.

 

4. You Might End Up Sharing Profits Unfairly

Imagine you’ve formed an S corporation with a partner, and you decide to split the profits, so you receive 75% and they receive 25%. This split makes sense because of the amount of effort each person will be putting into the business.

It’s in your agreement, so it’s a legally binding contract. When tax time rolls around, however, the IRS will require you to report income in direct proportion to your ownership in the company, which may be a different percentage.

Either way, it’s going to be unfair to at least one partner. To make it fair, you’ll either need to adjust your agreement or figure out a different approach.

 

Legal Counsel Makes Sense Of Confusing Options

These are just a few mistakes businesses make when forming an entity.

The business entity that’s correct for you depends on what your vision is for the future of your business, especially if you’re a first-time business owner.

 

Consult with a lawyer to untangle the confusion and make sense of your options.

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