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What Is Copyright Infringement?

Legal AssistantBusiness Law, Resources

Copyright law exists to encourage the creation of works by providing individuals with exclusive rights to their works of authorship. It affects your ability to use someone else’s work, including software code, paintings, photographs, music, or writings, without seeking explicit permission from them.

Doing so would be tantamount to copyright infringement, resulting in the copyright owner or federal prosecutors pursuing civil or criminal action against you. What is copyright infringement? Here’s everything you need to know.

What Does Copyright Mean?

Copyright is one of the many subsets of intellectual property (IP) protection. It exists to safeguard a creator’s, holder’s, or owner’s exclusive right to their original work, allowing them to claim it as their own. The key differentiator of copyright from other forms of IP protection is that the work in question needs to be in a “tangible medium of expression.”

The US Copyright Act of 1976 forms the basic framework of copyright law as we know it. Its enactment was meant to safeguard creative works from unauthorized use, otherwise known as copyright infringement. States cannot pass laws that extend the terms of protection beyond what is provided for in the federal Act.

Copyright law protects the following types of “works of authorship.”

  • Architectural works
  • Audiovisual works and motion pictures
  • Choreographic and pantomime works
  • Dramatic works
  • Literary works
  • Musical works
  • Sculptural, graphic, and pictorial works
  • Sound recordings
  • Software code

To receive copyright protection for your work, it needs to be:

  1. Original meaning the author has not copied it from any preexisting work. Originality is not tied to the work’s uniqueness or novelty. It can be original without necessarily being unique or novel.
  2. It is fixed in a tangible medium of expression. “Fixed” as defined in the Copyright Act means that it is in a form that’s stable and sufficiently permanent to be reproduced, communicated, or perceived for a specific period.
  3. Possess a modicum of creativity. It means some form of creative effort is required from the author.

Copyright registration of original work is desirable but not mandatory. Protection arises automatically when an individual produces an original work of authorship and fixes it in a tangible medium of expression. That said, if you intend to file a copyright infringement suit against another individual, company, or entity or the unauthorized use or reproduction of your original work, you will need to register it with the US Copyright Office.

What Is Copyright Infringement?

The legal copyright infringement definition is—the unauthorized use of an individual’s original or copyrighted work. Below is a list of copyright infringement examples that could land you in legal problems if you carry out these activities without obtaining explicit permission from the creator, holder, or owner of the copyrighted work:

  • Copying any artistic or literary work without a written agreement or license
  • Creating commercial merchandise that features copyrighted images or words
  • Downloading films or music without paying for them
  • Modifying a copyrighted image and then using it on your website
  • Posting a video on your website that features copyrighted songs or words
  • Recording a film at the movies
  • Recording and posting portions of a TV show on your YouTube channel
  • Using a copyrighted image on your website
  • Using a musician’s or band’s copyrighted music on your website

How to Avoid Copyright Infringement Online

One of the most commonly held misconceptions is that published works on the internet are not copyright protected. As a result, many individuals and businesses often take a casual approach to the works they find online.

Simply because they are freely available on social platforms or websites does not, in any way, mean that they are free to share, copy, and adapt. You should always treat digital works like those in a tangible format since they are all subject to the same legal principles.

Here are a few helpful tips to keep in mind to ensure you don’t unintentionally infringe on a creator’s or author’s copyright.

1. Always Assume That the Work in Question Is Copyrighted

A foolproof way to avoid getting caught up in copyright infringement claims is to always assume that any work you find online is copyrighted. It might seem cumbersome at first, but this approach might save you money and time spent fighting civil and federal copyright lawsuits against you. Just because a material is freely downloadable does not mean it is free to use. There’s a difference.

2. Never Modify, Share, or Copy Without the Author’s Permission

The first thing you need to do before using any copyrighted work is—identify the author. That way, you can get in touch with them and seek permission to use their work. Ensure that the purpose for which you intend to use the work, as well as any fees payable, is put in a legally binding agreement and that all parties sign off on it.

3. Review Licensing Agreements and Retain Copies of the Same

Any work you obtain online through a stock agency (such as iStock by Getty Images) is subject to a licensing agreement. Ensure you review these licenses and keep copies of the agreements in your records. These agreements outline the terms surrounding the license you purchased and the applicable restrictions.

4. Adopt an IP Policy for Your Business

An intellectual property policy sets out guidelines and procedures that provide employees and team leaders with a uniform standard of dealing with the business IP and third-party IP. These principles will prove effective in protecting against unintentional copyright infringement.

5. Talk to an IP Lawyer

Copyright is a complex subset of intellectual property law. If you don’t understand what it is and how it works, you could potentially be exposing yourself and your business to severe legal repercussions if you’re found culpable. It’s always a good idea to have a copyright infringement lawyer on call to ensure that you and your business comply with the provisions of copyright law.

Punishment for Copyright Infringement

The potential penalties for copyright infringement can be of a criminal or civil nature. They include:

  • The actual profits and damages that directly resulted from the copyright infringement
  • Up to $150,000 in civil penalties for each count of willful or intentional infringement (e.g., counterfeiting)
  • $750 to $30,000 in statutory damages for each count of infringement
  • Up to $250,000 in fines, five years in jail, or both for criminal penalties

Elements of Copyright Infringement

smartphone AirPods and smartwatch on a table
Image Credit: Unsplash

According to federal law, a copyright owner has exclusive rights to use copyrighted materials in several ways. This may include creative derivatives of their original work, creating and distributing copies of their work, and performing or exhibiting their work.

If any other individual, company, or entity uses copyrighted materials without seeking the appropriate permissions from the copyright owner, the owner can file for a legal injunction against further unauthorized use of their works. They can sue the other party in court and recover damages.

If you bring a civil lawsuit alleging copyright infringement, there are two elements you need to establish based on a preponderance of supporting evidence. In a criminal copyright infringement case, the Department of Justice (DOJ) is also required to prove the same elements as those in a civil claim as well as two additional ones. The burden of proof rests on the DOJ to show guilt beyond a reasonable doubt.

The sections below explore each of these elements in detail.

Elements of a Civil Copyright Infringement Lawsuit

There are two elements involved in proving a civil copyright infringement claim. The burden of proof rests on the plaintiff showing that:

  1. They own the copyright
  2. The defendant infringed it

1. The Plaintiff Owns the Copyright

First, a plaintiff has to show ownership of the copyright by demonstrating that their work is original and subject to protection under the law. Remember, copyright law exists to protect the “original works of authorship” existing or potentially existing in a “tangible medium of expression.” Films, videos, musical recordings, musical compositions, computer code, books, and other literary works all constitute “tangible mediums of expressions.”

In Feist Publications, Inc. v. Rural Tel. Serv. Co., the US Supreme Court held that “originality” as defined in copyright law is a constitutional requirement. It requires a combination of creativity and independent creation. As a result, certain works are excluded from copyright protection. These include:

  • Brand names, business names, and logos, all of which may be subject to trademark protection instead
  • Systems or processes, both of which may be subject to patent protection
  • Any information that’s generally known to the public
  • Court decisions, statutes, and any other public materials
  • Concepts and ideas

Once the plaintiff has established that their work is original and subject to legal protection, the next step involves establishing that they have adhered to the federal requirements for giving a copyright notice, as provided in federal copyright law.

While registering your work with the US Copyright Office is not a mandatory requirement, it does create a rebuttable presumption of ownership and validity.

2. Defendant Infringed the Copyright

The second element involves the plaintiff proving that the defendant acted in a manner that violated the exclusivity of their rights to the copyrighted work. Some scenarios are easier to prove than others.

For instance, performing a copyrighted play, broadcasting a copyrighted video, or displaying a copyrighted photograph or work of art without receiving explicit authorization from the copyright owner is relatively easy to prove in court.

On the other hand, proving copyright infringement in situations involving the unauthorized production of derivative works or the unauthorized copying of copyrighted works can be much harder to do. In such instances, circumstantial evidence may come in handy to help you prove that the defendant copied your work.

You can show “substantial similarity” between your work and that of the defendant and present evidence proving that they had access to or saw your copyrighted work before they created theirs. If you don’t have evidence to prove that the defendant had access to your work, you’ll need to show that there’s a “striking similarity” between your work and that of the defendant.

Keep in mind that someone cannot infringe copyright by simply using information contained in the original work. As the Supreme Court stated in the Feist ruling, a telephone directory as a whole can be protected by copyright with regard to the way the information is compiled and the format in which it is presented.

Anyone using the names and addresses contained within would not be infringing on the telephone company’s copyright.

Additional Elements of a Criminal Copyright Infringement Case

As mentioned before, to prove criminal copyright infringement, two additional elements come into play.

3. The Defendant Acted Willfully

Willful acts in the context of copyright law mean that the defendant acted intentionally in a manner that violates the law. The burden of proof lies in the prosecution proving that:

  1. The defendant intentionally copied or otherwise used the copyrighted material without receiving explicit consent for the copyright owner; or
  2. The defendant intentionally infringed the copyright.

Although many of the federal appellate courts across the country are split on which standard to adopt when determining willful action, most courts use the second standard. It means that the prosecution has to prove that the defendant willfully infringed the copyright beyond a reasonable doubt.

4. The Defendant Sought a Private Financial Gain or Commercial Advantage

The final element prosecutors have to show is that the defendant intended to profit in some way from their infringement. The keyword here is—intended. They don’t necessarily have to prove that they gained something. They simply need to show the intent to.

Federal law provides two alternatives when proving the commercial advantage element in criminal copyright cases. That:

  1. During a 180-day period, the defendant made multiple copies of copyrighted materials worth a combined retail value of $1,000 or more; or
  2. Used a computer network to make a copyright owner’s work available with the full knowledge that the owner had every intention of commercially distributing their work in the future.

Copyright Infringement Scams

Don’t be alarmed if you receive an email from an individual or organization claiming to own the images you’ve put up on your website and threatening legal action for alleged copyright infringement. It is part of a growing wave of cyber scams.

The scammers instruct the victims to click a link that directs them to a site where they can view the images that are supposedly infringing on their copyright. Clicking the link will usually download malware or direct users to a phishing site, compromising privacy and system security.

If you’re not sure whether an infringement notice is real, the best thing to do would be to take down any copyrighted images you might be using on your site and replace them with ones that don’t need permission or attribution.

On the other hand, if you’re not using any copyrighted images on your website, then you have nothing to worry about.

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Is Corporate Espionage Illegal?

Legal AssistantBusiness Law, Criminal Law, International Law

One of the earliest reported cases of industrial espionage dates back to 1712 in Jingdezhen, China. A French priest, François Xavier d’Entrecolles, learned about the Chinese methods of manufacturing porcelain and took this discovery back to Europe.

Fast-forward to the 20th century, and economic espionage cases between the East and the West dominated the world stage. Industrial espionage by the then Soviet Union formed a huge part of their spy-related activities in the United States. Many of their CPUs in the 1980s appeared to be exact replicas of American-made computers.

While one might argue that there’s nothing wrong with a little competitive intelligence, the question becomes: At what point does it cross the threshold and become espionage? Is corporate espionage illegal? This article explores everything you need to know about it.

What Is Corporate Espionage?

Espionage refers to using spies to obtain classified and confidential information from a rival entity using covert means. Governments usually conduct it to obtain military or political information about rival states.

Corporate espionage is a form of espionage carried out for financial or commercial gain. The terms economic espionage, industrial espionage, and corporate espionage all refer to the same practice. That said, industrial and corporate espionage definition applies to organizations, while economic espionage is international and applies to governments.

Foreign governments, particularly those with several state-owned businesses, place a lot of importance on economic development. These governments are often the most common culprits behind corporate espionage.

The trade war between China and the United States stems from the rampant theft of American organizations’ trade secrets by the Chinese, which they then use to create knock-offs of the original.

Types of Industrial and Economic Espionage

Industrial espionage takes two forms:

  1. Blackmail, bribery, theft of organizational trade secrets, and technological surveillance using malware
  2. Acquisition and unauthorized use of intellectual property such as operational and proprietary information. These include research and development reports, pricing information, sales data, customer data, manufacturing techniques and processes, production locations, marketing strategies, and prospective bids.

Modern espionage doesn’t just target commercial organizations; governments can also be targeted. For instance, an organization may conduct espionage on the government to establish the terms of a yet-to-be-awarded government tender contract.

Corporate Espionage Examples

Here are a few scenarios that fall in the realm of corporate or industrial espionage.

  • Posing as an employee of a competing firm to gather confidential or proprietary information
  • Trespassing onto a competing organization’s premises and accessing their confidential files and information
  • Wiretapping a rival organization
  • Hacking into a competitor’s IT systems
  • Infecting a competitor’s website, computers or cell phones with malware
  • An insider or a disgruntled ex-employee transferring trade secrets from one firm to the other

Competitive Intelligence vs Corporate Espionage

Competitive intelligence and corporate espionage involve the same activities carried out for different objectives. Corporate espionage mainly involves the covert collection of proprietary information between competing organizations. It may involve illegal behavior such as blackmail, bribery, theft, and even the use of covert surveillance techniques.

The goal? To sabotage a competing organization.

You can think of competitive intelligence as a more politically correct way of gathering information on a rival organization. It adopts a more ethical approach. Rather than gathering proprietary information about a particular commercial entity, competitive intelligence makes use of organizational information that’s already in the public domain. The idea is to identify potential loopholes and weaknesses and use that information to formulate a strategic plan.

The goal? To gain a competitive advantage.

Competitive intelligence takes two forms: Marketing intelligence and business intelligence.

Marketing intelligence involves analyzing the industry’s customer base and consumer preferences by taking into account the supply and demand data and market research.

On the other hand, business intelligence is an internal procedure. It involves an organization analyzing its past experiences to determine what changes need to be implemented to give it an edge over its competitors.

The key takeaway is this: Competitive intelligence is legal. Corporate espionage is not.

How to Prevent Corporate Espionage

Below is a list of some simple strategies you can employ in your organization to prevent corporate espionage:

  • Identify what your company’s trade secrets are so that you know what you need to protect
  • Identify the competing firms that pose the biggest threat
  • Beef up the physical security of your premises by setting up a surveillance system and contracting private security professionals to secure your offices
  • Establish policies and procedures that control the flow of information as it pertains to the storage, reproduction, and dissemination of sensitive data
  • Train the workforce on following these policies and procedures
  • Compartmentalize information on a need-to-know basis to make it less accessible to every employee in your firm
  • Establish solid employee existing policies with regard to information security

Cyber Espionage and International Law

Cyber espionage is a cyberattack launched against an organization or government to steal intellectual property, sensitive data, and classified information and use it to gain a competitive advantage. If you take real-world espionage and superimpose it on the digital realm, you get an army of nefarious hackers using the internet and IT infrastructures to launch cyber warfare for military, economic, and political gain.

These cybercriminals possess the technological know-how to shut down public utility systems, financial networks, and entire government infrastructures. They’ve helped organizations crush their rivals and have even swayed public opinion leading up to political elections.

While domestic laws might prohibit cyber espionage activities, they do not violate the provisions of international law. As a result, it is not considered illegal per se. Nonetheless, the methods used to carry it out might make it illegal.

In 2011, the US launched its International Strategy for Cyberspace. It asserted that it would take appropriate steps to identify and mitigate the rampant theft of intellectual property by actors working on behalf of states and foreign organizations as well as criminals and hold them accountable.

In 2015, the G20 countries agreed that no country would conduct or condone the theft of intellectual property to provide a competitive advantage to commercial sectors and public and private firms. The US entered a similar pact with China toward the end of the same year.

While international law fails to address the illegality of cyber espionage, there’s a definite push by states to prohibit such activities on a global scale.

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How to Get a Boating License by Type

Legal AssistantMaritime Law, Resources

Until recently, the boating industry has not been as heavily regulated as several others, such as the aviation and automotive industry. It is now beginning to see elements of change, especially since most states, including Mississippi, Georgia, Delaware, and Alabama, now require boat operators to complete a boater safety course.

This article explores everything you need to know about how to get a boating license, especially if you intend to have passengers-for-hire aboard your vessel.

State-Based and USCG Boating Endorsements

For the longest time, mariners would apply for a “license” to legally operate marine vessels. The United States Coast Guard (USCG) has since updated the vocabulary to a “Merchant Mariner Endorsement.” It comes in the form of a red passport-sized booklet in which a boater’s credentials are printed.

Here’s a brief overview of the various endorsements that exist as well as the respective requirements for each.

OUPV License

The Operator of Uninspected Passenger Vessels license, also referred to as the OUPV 6 pack captain’s license, is issued to individuals looking to offer sailing and fishing charters, become certified instructors, or provide commercial guide services. It is the most popular type of license and allows the license holder to take no more than six crew and paying passengers out on the water.

There are three main types of OUPV six pack licenses:

  • OUPV Inland License: This credential allows you to operate a commercial boat on lakes, rivers, sounds, and bays.
  • Great Lakes and Inland License: Boaters with a Great Lakes Captains License credential can operate commercially on the Great lakes.
  • OUPV Near Coastal License: This credential allows you to operate a commercial vessel near coastal waters up to a limit of 100 miles offshore as well as on inland waterways.

OUPV Requirements

While the boating experience for each type of 6 pack license varies, they all have the same basic requirements. You should:

  • Be at least 18 years old;
  • Be a US citizen or be lawfully admitted into the country for permanent residence;
  • Have at least 360 days’ worth of boating experience, 90 of which should have been completed within the last three years (the USCG refers to this as “recency”);
  • Pass a physical exam and drug test;
  • Hold a valid adult basic first aid and CPR card;
  • Obtain a Transportation Workers Identification Credential (TWIC) card;
  • Pass a USCG-approved online OUPV course.

The “U” in “OUPV” stands for “uninspected.” It means that the boat’s design and equipment required for operation are less regulated. OUPV licenses are issued for 100 Gross Tons vessels. These typically measure roughly 100 feet or below. Once you obtain an OUPV license, you can later upgrade to a USCG Master license if you wish.

Master Captains License

Before legally operating “inspected” vessels, you need to apply for a master captain’s license. An inspected boating vessel is authorized to carry six passengers or more and must be designed and constructed in accordance with strict USCG Commercial Vessel Inspection Standards.

The main difference between a boating license and a captain’s license has to do with the certification authority. A boating license, also referred to as a boating education certificate, is granted to an individual upon completing an online boater safety course. The licensing requirements vary by state, although most states have a few basic criteria applicants have to meet.

On the other hand, a captain’s license is issued by the USCG. This credential allows license holders to operate commercial vessels.

A 6-pack captain’s license authorizes you to carry a maximum of six crew and paying passengers at any given time. If you intend to carry more than six crew and passengers for hire at a go, you’ll need to have a master captain’s license.

Master License Requirements

The master captain licensing requirements as set out by the USCG are standard across the board. You should:

  • Have at least 90 days experience acquired within the last three years on a vessel of appropriate tonnage
  • Have at least 720 days of experience aboard a motor, steam, or auxiliary sail vessel on the ocean or near coastal waters if you’re applying for a near coastal license
  • Have at least 360 days of experience aboard a motor, steam, or auxiliary sail vessel, 90 of which should be on Great Lakes waters if you’re applying for a Great Lakes license
  • Have at least 360 days of experience aboard a motor, steam, or auxiliary sail vessel on any waters if you’re applying for an Inland license
  • Have at least 360 days of experience aboard a motor, steam, or auxiliary sail vessel if you intend to operate a commercial vessel on rivers
  • Have at least 360 days of experience aboard a sail or auxiliary sail vessel if you’re applying for a sailing endorsement
  • Complete a towing endorsement course or request and pass a towing credential exam

USCG licenses have to be renewed once every five years. While no written examinations are required for renewal, license holders must fill out a renewal application and undergo a physical examination and approved drug test.

How Long Does It Take To Get a Boating License?

On average, students take between 25 and 30 hours to complete an OUPV course. On the other hand, most master-level licensing courses take 35-40 hours on average to complete. If you’re doing the online OUPV course instead, it is possible to complete it in as little as one week or less. It all comes down to how you fit it into your schedule.

The time it takes to finally get your OUPV license depends on whether or not you’ve completed the required experience. For a Great Lakes and Inland captain’s license, you need a minimum of 360 days of documented time on the water. For a near coastal captain’s license, you need at least 720 days of documented time on offshore waters.

If you’re applying for a towing endorsement, you’ll get the license as soon as you complete the course or pass the endorsement exam.

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Can I Sue for a Work-Related Injury?

Legal AssistantEmployment Law, Personal Injury Law, Resources

According to a recent report from the Bureau of Labor Statistics, there were a total of 2.7 million nonfatal work-related injuries in 2020. These included everything from repetitive motion injuries, slips and falls, car accidents, and manual materials handling.

The most common occupational hazards reported were falls, most of which resulted in traumatic brain injuries, spinal cord injuries, broken bones, and in some cases, even death.

One of the most frequently asked questions we get with regard to injury at work rights is – Can I sue my employer for a work related injury? Here’s everything you need to know.

What Is Workers Compensation and How Does It Work?

If you end up getting injured at work, in most cases, you cannot sue your employer. The keyword here is – in most cases. There are exceptions.

Workers’ compensation laws are designed to protect employees and employers alike. They address the question of who pays for work related injuries.

If you get injured in your line of duty, your employer is obligated by law to pay for your injuries, regardless of the at-fault party. The catch is, by paying for your injuries, your employer’s liability is limited, meaning they are essentially immune from any potential personal injury lawsuit you may lodge against them.

All states have workers’ compensation laws. These require businesses to take out workers’ comp insurance for their employees. These policies are designed to protect employees who suffer work-related injuries or illnesses by paying for all medical expenses as well as paying out cash benefits regardless of the party at fault.

Work Injury Compensation Eligibility Requirements

While workers’ comp laws vary from state to state, there are specific requirements an employee has to meet to draw these benefits when they need them. Below is an overview of the three main ones.

  1. Your employer needs to carry workers’ compensation insurance. The criteria may vary depending on the type of business, the type of work the employees do, and the number of employees in the company.
  2. You need to have been an employee of the company at the time of the injury. The law defines employees as full-time and part-time workers, temporary workers, and seasonal workers. Volunteers, independent contractors, farm laborers, domestic workers, and undocumented workers may not be eligible for workers’ compensation if they get injured while performing their duties.
  3. You need to have been injured while performing work-related duties. While this sounds straightforward on paper, it’s not always cut-and-dried. If you got injured away from your job site, but in connection with work-related duties, your eligibility for workers’ comp may fall in the gray zone.

Injury at Work Employer Responsibilities

Employers have a general responsibility to provide a safe working environment for their employees as stipulated by federal and state occupational and health safety laws. The Occupational Safety and Health Administration (OSHA) is the federal agency charged with the enforcement of these laws. OSHA is also responsible for promoting workplace training on the prevention of injuries and hazards, in addition to issuing guidelines on safety-related issues.

As soon as a business takes on a new employee, they are required to provide them with a safety manual that details the employer’s safety expectations. Some businesses are required to give new employees specific safety-related training.

In the unfortunate event that you suffer a workplace injury, the first thing your employer needs to do is dial 9-1-1 if the severity of your injuries requires emergency care. If paramedics aren’t required, they need to take the necessary measures to ensure you get first aid. Additionally, if immediate medical attention isn’t necessary at the time of injury, your employer needs to, at the very least, assist you in ensuring you receive some form of medical treatment as soon as possible.

If the workplace injury is severe, such as what would be involved in an industrial accident, employers are required to report the incident to OSHA. If the injury in question results in the employee’s death, the company has to file a work injury report with OSHA within eight hours from the time they learn of the incident.

In the hours or days following your injury, your employer needs to launch an investigation into the incident and gather information about what caused it. Depending on the facts surrounding your case, they may need to talk to other employees who might have witnessed the accident and even take photos of the site to collect evidence. This information comes in handy if the injured employee needs to file a workers’ comp or an injury at work claim.

When Can You Sue for a Work-Related Injury?

As mentioned before, the tradeoff for workers’ compensation is that it limits your employer’s liability. The question then becomes – when can you sue for a work-related injury? There are generally two scenarios in which this could be a viable avenue to pursue:

  1. If the company you work for wrongfully denies you workers’ comp benefits; or
  2. If the company does not offer workers’ comp coverage.

These are discussed in detail below:

1. Your Employer Wrongfully Denies You Workers’ Comp

In most cases, before you can sue your employer, you must first file a workers’ compensation claim. If the company you work for pays you the benefits you’re rightfully entitled to, you generally would not have any grounds to sue.

On the other hand, if your employer denies you the benefits you rightfully deserve, that’s when you go to court. Depending on the existing laws in the state you live in, you might have to take additional steps before you can file a work injury lawsuit against your employer.

For instance, some states require that you first file an appeal with your local Workers’ Compensation Board. The outcome of the appeal will advise whether or not you should proceed with your claim to collect the benefits you’re entitled to.

2. Your Employer Doesn’t Offer Workers’ Comp

If you get injured in your line of duty only to then realize that the company does not provide workers’ compensation coverage, you may be able to sue them. This could be the case if:

  • You were working for the company in question as an independent contractor and were, therefore, not covered under the firm’s workers’ comp policy;
  • The company is exempt from the state’s workers’ compensation laws (this might be the case if it’s a small business with few employees); or
  • The company is in violation of state law by failing to provide workers’ compensation coverage for its employees.

If your case happens to fall into any one of the categories outlined above, you may be able to sue them to receive the monetary compensation required to cover your medical expenses, loss of wages, and any other injury-related losses you incur.

How Personal Injury Claims Work

Man in black suit sitting at a desk
Source: Pexels

You’ve now established that you may be able to sue your employer for a work-related injury. Here’s a blow-by-blow breakdown on how to proceed with your claim.

1. Report Your Injury

If you were injured in your line of duty, the first thing you need to do is to formally notify your employer. This is a key requirement for collecting workers’ compensation benefits. It also serves as a crucial piece of documentation when you decide to file a lawsuit against your employer for your work injury.

2. Get Medical Care

Next, you need to seek medical treatment as soon as you suffer the injuries. If you intend to launch a workers’ compensation claim, you may (or may not) need to get treatment from a company-approved healthcare worker. The specifics depend on the laws in your state.

If you intend to file a personal injury lawsuit against your employer, getting medical treatment from an independent doctor of your choice is a critical piece of the puzzle.

3. Take Detailed Notes

If you don’t get workers’ compensation for any of the reasons outlined in the previous sections, the only way you’ll get paid is if you sue. To sue and get the compensation you’re rightfully entitled to will involve proving how and when your injury occurred.

Write down everything that happened while the events are still fresh in your mind. Gather as much evidence as you can in the form of photographs, medical reports, and anything else that might add weight to your claim. It will prove useful in court.

4. Talk to a Lawyer

Consulting a work injury lawyer will help you determine the route you should take to get paid, that is, whether you should sue your employer or file for workers’ compensation. An experienced attorney would be best placed to give you an objective assessment of your legal rights.

5. File a Claim

While you can file a workers’ comp claim yourself, getting an experienced attorney to do it for you would better your chances of getting a full recovery. If their efforts to get the benefits for you hit a dead-end, they can then proceed to sue your employer on your behalf.

Having an injury attorney who’s well-versed in work injury lawsuit settlements actively involved in the entire process will help you with everything from evaluating the settlement offers presented right up to getting the compensation you deserve.

Returning to Work After a Work-Related Injury

You can be forced back to work after injury if you’re deemed ready to return, or else you risk losing your workers’ comp benefits entirely. The question is – who decides when you should go back?

First off, your company’s workers’ comp insurance provider will not continue paying wage replacement disability benefits one day longer than they need to. They want to see you back on your feet and back to work as soon as possible. Only the treating physician has the power to determine your work status. They decide if you’ve recovered enough to resume your normal duties at work.

The doctor’s evaluation of your condition will result in a disability rating. This will determine your ability to resume your role at work and the timing of your return. There are generally four categories of workers’ compensation disability ratings:

  • Temporary Total Disability – You’re completely unable to perform any work for a limited period
  • Temporary Partial Disability – You’re unable to perform some, but not all, of your work duties for a limited period
  • Permanent Total Disability – You’re completely unable to return to work for your current or future employer
  • Permanent Partial Disability – You have a permanent injury that partially impairs your ability to perform your work duties

Every time you see your physician, they will make a note in the chart indicating your work status.

Does Health Insurance Cover Work Related Injuries After Settlement?

The short answer is – no. Ideally, you should not be using your health insurance cover for work-related injuries. These should be covered under workers’ comp insurance.

That said, claims settlements often come with a requirement to sign a full and final release of all claims. This means that if your condition gets worse after settling your workers’ compensation case, you might not be able to reopen your claim later down the line. Signing such a release means that you’re giving up the right to bring any future claims related to your work injury.

While some states have laws in place that prohibit injured workers from waiving their rights to future medical treatment, you would have to prove fraud to get them to reopen the claim if you live in a state that doesn’t have such laws in place. It would mean proving that your employer or insurance company misrepresented the settlement terms.

It is, therefore, important to retain the services of an experienced personal injury or work injury attorney to ensure your rights are protected before agreeing to any type of settlement.

Protect Your Rights

The key takeaways are:

  • If you suffer a work-related injury, the only way you’ll get compensated is if you assert your legal rights
  • If you’re eligible for workers’ comp, ensure that you retain an experienced lawyer to fight for the maximum possible benefits you deserve
  • If you’re not eligible for worker’s comp, get a work injury attorney to help you sue your employer for compensation
  • Whether or not you’re eligible for workers’ compensation, you can also sue another entity if they are responsible for your accident

Do you need more legal advice on work injury claims? Chat online with an available Laws101 attorney.

US Marines Helicopter

Will the US Government Rescue Me in a Different Country?

Legal AssistantInternational Law

In October 2021, 17 missionaries – one Canadian and 16 Americans – were kidnapped near Port-au-Prince, Haiti, a country with one of the highest rates per capita of kidnappings in the world. This incident was one of the dozens of kidnappings of American citizens that occur abroad every year. While the majority of hostages return home once the ransom is paid, others aren’t so lucky.

Will the US government rescue you in a different country if you are kidnapped or taken hostage? Most likely no, but there are rare instances where they can assist you. This article explores this topic in depth.

What Can the US Government Do in a Hostage Crisis

In 1985 President Ronald Reagan famously proclaimed that America does not and will not make concessions to hostage-takers. He argued that doing so would only encourage the problem, making kidnappings and ransoms the order of the day. His remarks came after TWA flight 847 was hijacked by Shiite Hezbollah militants.

At the time, the plane had dozens of Americans on board. One US Navy diver was killed, and 39 other passengers were held hostage. The militants were demanding the release of 700+ Lebanese prisoners who were detained in Israel.

In an interesting turn of events, three days after the American hostages were released, the Israeli government set free roughly half of the Lebanese prisoners. One thing did become clear, though.

Despite the US maintaining, on paper, that it does not and will not make concessions nor pay ransom to kidnappers, the government has long worked with allied forces to assuage militants and terrorists to release hostages.

“No Concessions”

Today, the US stands by its “no concessions” stance. Some exceptions go against the spirit of this policy.

  1. The US government tends to be open to negotiation if the hostage-taker is a nation state. Technically speaking, there’s a legal distinction between a hostage (someone abducted and held by a non-state actor) and a detainee (someone held by the state). This line becomes blurred when an American is detained for the express purpose of being used as a bargaining chip.
  2. The US government negotiates if the hostages are soldiers. Case in point – when the Taliban kidnapped Army Sgt. Bowe Bergdahl in exchange for the release of five members of the terrorist group from Guantanamo. As controversial as it was at the time, the provisions of the Geneva Convention allow for the exchange of prisoners of war.
  3. The US government may negotiate with a hostage-taker if another entity is paying the ransom. The law explicitly prohibits the provision of “material support” to a terrorist organization even if this so-called support comes in the form of paying a ransom for a loved one kidnapped by terrorists.

That said, no American citizen or organization has ever faced prosecution for paying a ransom to recover the victim. This permissive environment creates room for third-party intermediaries like military contractors to step in and conduct private hostage rescue missions.

Finally, the US government permits ransom payment provided that the hostage-taker is not a designated terrorist organization. American citizens routinely pay ransoms to foreign-armed-political-militia and criminal organizations. These are usually handled by crisis management personnel, kidnap and ransom insurance policies, and the government’s interagency Hostage Recovery Fusion Cell.

In light of this, the US no concessions policy can simply be summarized as “the government will not pay a ransom to a foreign terrorist organization in exchange for a civilian.”

Will the US State Department get involved?

US passport
Source: Unsplash

Almost always, the answer is: NO.

The US Department of State (DOS) is a federal division of the US government responsible for advancing America’s foreign policy to promote the security and interests of the American people. The State Department represents the US at the United Nations and negotiates agreements and treaties with foreign entities.

Rescuing Americans is not within their wheelhouse or mission set, but there are a few things the DOS does to assist its citizens abroad.

What Does the US State Department Do in a Crisis

The actions taken by the DOS in an emergency depend on the nature of the crisis. In some cases, it might be in the form of US State Department travel warnings. A US State Department Travel Advisory provides information on the conditions in a country, including the high-risk areas, where to seek help, what to do in that situation, and lots more useful information. If a particular country poses a higher-than-usual security risk, it will usually feature on the US State Department Do Not Travel list.

If you’re traveling overseas, you can enroll in the Smart Traveler Program (STEP) to receive up-to-date security alerts in real-time. This information is also available on the US Embassy and Consulate website of the country you’re in or the main DOS Bureau of Consular Affairs website.

But, if you travel to a high-risk area and end up getting kidnapped, there’s not much the government can or will do to help you. This could be for any number of reasons, including armed conflict, ineffective local authority policies, the absence of a functioning government, poor governance, and so forth.

Moreover, in a country that does not maintain consular or diplomatic relations with the US, the government has no means of providing consular services to its citizens stranded abroad.

Even if you are a US government employee at a Consulate or Embassy, a US Embassy evacuation would only be possible if:

  • There’s no commercial transportation available;
  • Consular and embassy officers are present and available; and,
  • The conditions permit.

Only then would the DOS try and identify the evacuation options available – such as repatriation flights – to rescue US citizens out of the crisis area. One need only to look at the evacuation of the US Embassy in Afghanistan in August 2021 to see that the DOS provides extremely limited assistance to rescue its own personnel who are stranded overseas.

Bottom Line

Will the US government rescue me in a different country? The short answer is – very unlikely. Your best bet would be to take security matters into your own hands by consulting with a security firm that specializes in high-risk private hostage rescue operations.

That way, if you’re traveling to a high-risk area, you can rest easy knowing that there are highly skilled hostage negotiators, elite extraction teams made up of former US Special Operators, and robust logistics and intelligence support on stand-by to rescue you and bring you home if you end up getting kidnapped and held hostage.

Have legal questions? Chat online with an available Laws101 attorney.

People holding up placards

What Is the Process to Obtain a US Green Card?

Legal AssistantImmigration Law, International Law

For many immigrants, a Green Card is the first step toward full US citizenship. This highly sought-after document grants you lawful permanent residency in the United States. Although a green card holder is not considered a citizen, it allows you to live and work indefinitely, anywhere in the country, without restriction.

So how do you obtain a US Green Card? Here’s everything you need to know.

What Is a Green Card

A Green Card is a legal document issued by the US Citizenship and Immigration Services (USCIS), the federal agency charged with overseeing lawful immigration to the United States. It grants non-US citizens the right to become lawful permanent residents, allowing them to live and work in any state before qualifying for full US citizenship in 3-5 years.

Green Card vs. Visa

The words “Green Card” and “visa” are often used interchangeably. While their definitions may overlap in some aspects, it’s important to note that the two words don’t refer to the same thing.

Visa

Visas are legal documents prepared and issued by the US Department of State (DOS) and sent out to its various embassies or consulates in countries around the world. A visa grants a non-US national the right to present themselves at a US port of entry or border and seek entry into the country.

A visa does not always guarantee entry. The decision ultimately comes down to the US Customs and Border Protection (CBP) officer at the airport or border. They make the final decision on whether to allow you into the US. More often than not, having a visa will usually grant you entry. From a physical standpoint, a visa is a stamp in one’s passport.

A non-US citizen may be issued with one of two types of visas – immigrant or nonimmigrant visa.

A US immigrant visa allows an individual to become a permanent resident upon entry into the country. Such persons will usually receive a Green Card shortly after, allowing them to stay in the country for life – unless they commit an offense that warrants deportation.

On the other hand, a nonimmigrant visa is temporary. The individual is required to leave the country by the date shown on the I-94 issued by the CBP at the port of entry or border.

Different nonimmigrant visas have different expiration durations depending on the individual’s purpose for visiting the United States. For instance, work visas and student visas are usually valid for several years compared to tourist visas that might be valid for a few months.

USCIS Green Card

A Green Card is a US Permanent Resident Card that allows non-US citizens to enter, exit, live, and work in the US for the rest of their lives. Eventually, Green Card holders can apply for naturalized US citizenship.

Types of Green Cards

There are several categories of Green Cards. Here’s an overview of the common types.

Family-Based Green Cards

Close family members of existing Green Card holders and US citizens can apply for their own permanent residency. Eligible family members include children, spouses, parents, siblings, and the children and spouses of those adult children, spouses, and siblings.

Widows and widowers who were married to US citizens at the time of their demise are also eligible to apply for family-based Green Cards. They do need to prove to the authorities that their marriage was authentic.

Extended family members like aunts, uncles, cousins, and grandparents do not qualify under this category.

Employment-Based Green Cards

This category of Green Cards contains multiple subsets of workers who can apply for permanent residence. In some instances, children and spouses of these workers may also qualify. You may be eligible to apply if you fall into any of the following categories:

  • Immigrant worker: This applies to first, second, and third preference immigrant workers as defined by the USCIS.
  • Physician: If you’re a physician working full-time in a designated underserved practice area, you are eligible on a National Interest Waiver basis.
  • Immigrant investor: If you’ve invested or are in the process of investing at least $500,000 in what would be deemed a targeted employment area, or $1 million in a US-based commercial enterprise that will provide full-time employment to a minimum of 10 eligible employees.

H1B to Green Card allows employers to file a petition to the USCIS for highly educated non-citizen professionals in specialty occupations to apply for permanent residency.

Humanitarian Green Cards

Refugees and asylum seekers who have been persecuted in their home country or fear persecution upon their return, on the basis of their political opinion, race, nationality, or religion, can seek protection in the US. Once they’ve been in the country for at least a year, they can then apply for a Green Card.

Victims of human trafficking living in the US lawfully or unlawfully can apply for a T visa that will allow them to stay in the US for up to 4 years. This visa is issued on the condition that they must work with law enforcement authorities to help investigate the individuals responsible for their trafficking. They can then apply for a Green Card once the mandatory 3-year period from the date the visa was issued lapses.

Diversity Lottery Green Cards

Every year the US government randomly picks up to 50,000 people from various countries across the world in geographic regions like Asia, Africa, and Oceania. It is dubbed the Diversity Visa Lottery Program, informally known as the “US Green Card Lottery.”

While most applicants reside in their home countries at the time they submit their entries, those who already live in the US under a different immigration status can also apply.

Longtime-Resident Green Cards

Undocumented immigrants living in the US can apply for permanent residency through a special process known as “registry.” To qualify, the individual needs to meet the following criteria:

  • They have good moral standing in the society, meaning they have not committed certain crimes such as fraud;
  • They have not committed crimes or violations that could potentially get them deported. These include drug trafficking, drug abuse, and marriage fraud;
  • They have not committed crimes or violations that would render them inadmissible for permanent residency application. For instance, staying in the country for more than six months with an expired visa or unlawful entry into the United States;
  • They have not left the country since they first arrived;
  • They meet the eligibility criteria for US citizenship through naturalization; and
  • They need to provide an I-94 travel record to prove they entered the US before January 1, 1972.

How to Get a Green Card

US flag in Washington DC.

Image source: Unsplash

The US immigration laws provide various ways through which non-citizens can apply for a Green Card. There are two main questions you need to keep in mind before you start:

  1. Are you eligible for a Green Card?
  2. Are you applying from within or outside the US?

Are You Eligible for a Green Card?

First, you need to ensure that you meet the eligibility requirements for the specific type of Green Card you’re applying for. These vary depending on the immigrant category you intend to apply under. Once you’ve established that, you can then begin the application process.

In most cases, you’ll need to fill out two forms – a Green Card application form, also known as Form I485, and an immigrant petition form. The petition form is usually filed by someone else. This is often referred to as “sponsoring” you. In some cases, you can file the petition yourself. The most common petition form is the I130 – Petition for Alien Relatives.

If you’re already in the United States and meet certain eligibility requirements, you can concurrently file Forms I130 and I485. The I130 and I485 concurrent filing criteria are:

  • You applying for a special immigrant visa as a member of a specific branch of the US military;
  • You are a self-petitioning battered child or spouse, and the person responsible for the abuse is your parent or spouse, who is a US citizen;
  • You are a special immigrant minor;
  • You are being sponsored by an immediate US citizen relative, parent, or child over the age of 21.

Are You Applying from Within or Outside the US?

If you’re already living in the country, you’ll need to file an application for Adjustment of Status. Applicants will then need to file Form I485 – Application to Register Permanent Residence or Adjust Status if they already have an approved immigrant petition. Applicants without one will need to file Form I130 and I485 concurrently once they establish that they meet the eligibility criteria for the Green Card category they’re applying under.

Once your immigrant petition is approved, you’ll need to file a Green Card application, go to a biometrics appointment to provide your photos, fingerprints, and signature. Once this is done, you’ll go for an interview to determine whether or not your application will be granted.

If you live outside the US, you’ll need to go through Consular Processing with the State Department. A consulate officer in your home country will ask you a series of Green Card interview questions to determine your basis for wanting to immigrate to assess whether you’re eligible for an immigrant visa.

If your application is approved, you’re required to pay a Green Card application fee for the USCIS to process your immigrant “Visa Packet” and Green Card. You’ll need to do this before departing to the US.

Keep in mind that permanent resident cards expire after 10 years while conditional permanent resident cards expire after two years. The Green Card renewal guidelines set out by the USCIS require individuals to file a petition 90 days before the expiry date. Failure to do this might result in you losing your permanent resident status.

Green Card FAQs

How long does it take to get a Green Card?

Once your petition is approved, you can check your Green Card status online via the USCIS website. More often than not, it takes 90 days from the date you paid the application fee.

What does lawful permanent resident mean?

It is the right granted to a non-US national to work and live in the United States indefinitely while still holding the citizenship of their home country. As a lawful permanent resident, you will be issued with an “alien registration card” – informally referred to as a “Green Card.” You can then use this card to apply for a social security card and prove employment eligibility.

Is a Green Card holder a lawful permanent resident?

Yes, they are. Having a Green Card gives you the right to live and work anywhere in the United States indefinitely. Keep in mind that it is possible to lose your permanent residency. If you violate certain guidelines tied to your immigration status or commit certain crimes, the USCIS may initiate removal proceedings against you (read deportation).

Can I travel outside the US as a Green Card holder?

Yes, you can. You will need to travel with a valid passport from your home country and present a valid alien registration card at a US port of entry or border upon your return. Keep in mind that the same grounds of inadmissibility you were subject to when you were first approved for permanent residency still apply each time you return to the US. These include certain criminal activities, health-related concerns, false claims to US citizenship, willful misrepresentation, etc.

How long can I stay outside the US?

Staying outside the US for extended durations (typically more than six months at a time) can jeopardize your permanent resident status. The USCIS may presume that you are no longer interested in making the US your permanent home and, as such, have abandoned your quest for permanent residence and subsequent citizenship. In most cases, overturning that presumption is impossible.

If you intend to stay outside the US for an extended period, it would be a good idea to apply for a re-entry permit before leaving the country. These are valid for two years. While a re-entry permit does not guarantee entry into the country, it will help establish your intention to reside in the US permanently.

Am I eligible to vote in US elections as a permanent resident?

No, you are not. Only US citizens have the constitutional right to vote in a US election. Once you are granted US citizenship, only then can you vote.

Questions? Chat online with a Laws101 legal assistant.

 

Broken windshield

How Long Does a Personal Injury Lawsuit Take?

Legal AssistantPersonal Injury Law, Personal Injury Lawyers

You’ve been injured as a result of someone else’s negligence. You’re trying to figure out whether it is worthwhile to pursue a personal injury lawsuit. You’re not entirely sure how long the whole process is going to take.

Your piling medical expenses and the fact that you can no longer earn a living as you used to are taking a toll on you mentally, physically, and financially. How long does a personal injury lawsuit take? Here’s everything you need to know.

Personal Injury Lawsuit Process – What to Expect

To figure out how long your injury lawsuit will take, it might help to understand what the litigation process looks like. Below is an in-depth look at each step in the process and the factors that might influence the speed with which personal injury lawsuits progress.

1. Retain an Attorney

If you’ve sustained a severe physical injury in an accident and the total damages exceed the amount you can claim in small claims court, you should think about engaging an attorney as soon as possible. They’ll look over the facts in your case to determine whether it’s a matter worth pursuing and what kind of compensation you would be looking at.

Keep in mind, though, that not all injury lawyers have experience litigating the type of injury you sustained. This is important as it is one of the most crucial differentiators between a winning or losing case. Make sure you talk to several attorneys before you settle on the right one.

Your decision should be based on their work experience in your specific case type, track record, fees, and how communicative they are in keeping you up to date with information pertaining to your case.

2. Filing the Lawsuit

Once you’ve settled on the lawyer you want to represent you, the next step is to formally launch your claim. A civil suit doesn’t begin until you file a complaint with the court, pay the required filing fee, and then serve the defendant(s) with a summons and copy of the complaint.

A summons is a formal notice issued to the defendant letting them know they’re being sued, while a complaint is a legal document that details the facts in your case. It explains their liability, i.e., what you’re suing them for and the amount of money you’re demanding.

Before a lawyer agrees to represent you, the first thing they check for is whether your claim falls within the window set forth by the statute of limitations. It determines how long to file a personal injury lawsuit (the window within which to launch your claim). While the specific limits vary by state, it is usually somewhere in the 1-3 year range.

Once your attorney confirms that your claim falls within that window, they can then go ahead and begin drafting a complaint to serve the defendant(s). The duration to do this depends on:

  • The complexity of the facts in the case;
  • The number of defendants in the suit;
  • Whether your attorney negotiates with the defendants before filing the complaint; and
  • How easy or difficult it is to serve the defendants.

Sometimes, it can be hard to pin down defendants to serve them. In other instances, they may evade service altogether. This can slow down the progression of your case.

3. Discovery Process

A lawyer working on his laptop
Source: Pexels

Discovery is a term that describes the information exchange between the plaintiff(s) and the defendant(s) before the trial begins. This information can include medical records, police reports, security camera footage, and company correspondence.

Depositions also form part of the discovery process and provide an opportunity for both parties and witnesses in a suit to question each other and provide testimony under oath. This is done in the presence of a court reporter who transcribes this information which can be presented in court as evidence.

The discovery process begins soon after the filing of the complaint and proceeds until 30 days before the trial commencement date.

4. Pretrial Motions

A pretrial court motion asks the court to rule on specific issues pertaining to the case. Lawyers representing both sides will usually file court motions on everything from discoverable and non-discoverable documents to the proper venue for the depositions. Some pretrial motions take more time than others and may have a bigger impact on the progression of the case.

For instance, the defendants may file a motion for summary judgment, asking the court to dismiss the case in its entirety. This type of motion takes significantly longer to draft compared to, say, a motion compelling a lawyer to turn over a particular piece of evidence.

Court motions can begin the moment the complaint is filed and continue right up to trial.

5. Settlement Negotiation Attempt

The majority of civil lawsuits usually get settled before trial. Settlement discussions can begin right after the first set of discovery documents are exchanged. These negotiations can be formal through arbitration or mediation or informal discussion through a phone conversation between the attorneys of both sides. An attorney cannot accept or reject a settlement offer before getting your approval.

6. Trial Litigation

If your case doesn’t settle, then it goes to trial. A civil trial judge or jury examines the facts and evidence presented by both sides to determine who should be held liable for the injuries and damages incurred by the plaintiff. Trials typically last anywhere between one and seven days.

Once it concludes, the judge or jury will determine the party at fault and rule on the amount payable. This amount is inclusive of the taxes on personal injury lawsuit settlements. If either party disagrees with the verdict, they’re required to file an appeal within 30 days. If the appeal is successful, there may be a new trial or settlement amount.

Factors Affecting the How Long a Personal Injury Lawsuit Takes

The factors that might affect the duration of litigation include:

  • How complex the case is – For instance, a medical malpractice suit vs. a slip and fall case
  • The personal injury lawsuit settlement amounts involved – For instance, a claim worth $10,000 vs. $1 million
  • The severity of injuries – For instance, a case involving brain injury or wrongful death vs. a dislocated shoulder
  • The caseload in the courts within your jurisdiction – Courts with a larger backlog of cases translate to longer waiting times for your court dates
  • Your patience – If you’re anxious for a quick settlement, your case will conclude faster compared to holding out for more money

Based on that, a personal injury lawsuit can take a few months or several years to resolve. It all depends on the specific circumstances surrounding your claim.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.



Brown wooden gavel

Hernia Mesh Lawsuit Update – 2022

Legal AssistantMedical Malpractice

In 2016, the Food and Drug Administration (FDA) issued a warning that they received several reports of health-related complications resulting from recalled products used in hernia repair. According to a press release, the agency stated that pain, recurrence, infection, obstruction, adhesion, and perforation were some of the prevalent complications patients reported.

For decades, surgeons have relied on mesh to help resolve various hernia conditions. Unfortunately, many of these medical devices have been at the center of repeated recalls as a result of manufacturing and design defects. These have been the root cause of painful and, in some cases, life-threatening complications.

Victims have since filed hernia mesh lawsuits seeking compensation for the severe injuries they suffered as a result of the defective devices. Here’s everything you need to know.

What Is a Hernia

A hernia is a bulge that occurs in an area of the body with torn or weakened muscles. As time goes on, these muscles continue to degenerate to the point that they can no longer support organs, tissues, and related fat. As a result, those organs and tissues begin to push through these gaps creating a bulge that can often be seen and felt. This condition is most common in the groin and abdomen.

Hernias can develop for any number of reasons, including a congenital birth defect, issues with the gastrointestinal tract, obesity, abdominal surgery, and muscle strain. Certain lifestyle habits like smoking also increase the risk of developing hernias.

What Is a Hernia Mesh

Traditionally, surgeons would simply push the bulging organs and tissues back into place and stitch the muscles together. Decades’ worth of research later proved this repair technique ineffective. If anything, it increased the likelihood of the hernia recurring.

The reason for this was that the muscles being stitched back together were already weakened and damaged. As a result, the intersection between them wasn’t strong enough to hold the organs in place. It became evident that for a hernia repair to last, it needed extra support.

Enter the hernia mesh.

A 2010 study indicates that the concept of using mesh to repair a hernia isn’t anything new. The idea was introduced more than five decades earlier, but it wasn’t until the late 80s that the procedure began to gain widespread popularity in the medical world.

Mesh devices are sterile, net-like, woven patches used by surgeons to shore up body tissue and distended muscles. Initially, they were made of hard plastic, but this later changed in favor of softer, lightweight, and more flexible materials due to the countless complications they brought on.

This mesh material was designed to integrate easily into the body’s tissues and muscles, creating a permanent repair for hernias. As it continues to stabilize and strengthen the area, offering much-needed support for the muscles and organs, it also provides a base for new tissue growth.

What Went Wrong

Several different companies manufacture a wide range of hernia mesh devices. Each product varies in size, shape, flexibility, and material. They are specially designed to offer the best possible results in hernia repair and may have unique features to cater to specific anatomical structures.

For instance, in a minimally invasive laparoscopic procedure where a surgeon makes a small incision and then uses a camera to insert the mesh, the product must be flexible enough to fit inside the tiny tube. More invasive surgical procedures can accommodate a thicker mesh product.

The findings of a 2016 study published in JAMA revealed that although the use of hernia mesh significantly reduced the likelihood of a hernia recurrence, these benefits were offset by the prevalence of mesh-related complications.

According to the study, patients who had undergone open (as opposed to laparoscopic) mesh repair had a 12-percent chance of recurrence, only 5 percent lower than those who underwent non-mesh repair.

Hernia Mesh Complications Years Later

In a five-year follow-up, researchers found that the number of patients who later developed complications had increased. Many reported bleeding, abscess, bowel perforation, and bowel obstruction.  The prevalence of patients with mesh-related complications eventually surpassed the number who had undergone non-mesh repairs.

The majority of these complications required additional surgical intervention. The study concluded that the benefits linked to the use of mesh in the repair of hernias were partially canceled out by the long-term complications that arise.

Types of Mesh for Hernia

In a 2018 statement, the FDA warned that despite the decreased rates of hernia recurrence, there are certain instances where using surgical mesh to repair hernias may not be the best approach. The agency cautioned patients, encouraging them to discuss the specifics of their condition with their surgeons and explore possible non-mesh alternatives for hernia repair.

Hernia mesh comes in many different shapes and sizes. They vary depending on the specific size or type of hernia a patient has.

Types of Hernia Mesh Based on Shape and Size

Mesh products can be classified as follows:

  • Patches – These are designed to go above or below the damaged or weakened muscles or tissues.
  • Plugs – These are designed to fit inside the hole in the muscle or tissue.
  • Sheets – These are custom cut to fit the specific hernia on the patient.

Types of Hernia Mesh Based on Function

Hernia mesh can also be classified based on their specific function in the body or the material they’re made from.

  • Absorbable – These degrade and lose their strength over time and are meant to offer short-term reinforcement to a repaired hernia while spurring new tissue growth.
  • Non-absorbable – These work as permanent implants and remain in the body indefinitely to provide lasting support to the site of repair.
  • Synthetic – These are made from synthetic materials like polypropylene and come in the form of woven or non-woven sheets.
  • Coated – Some polypropylene is coated with absorbable collagen, cellulose, or fatty acids to prevent body organs from adhering to the mesh.
  • Animal-derived – These are made from animal tissue derived from their skin or intestine and are absorbable.

How to Tell if Hernia Mesh Failed

Doctor in surgery
Source: Unsplash

Mesh failure means that the product used to repair your hernia no longer works as it should. This could happen for any number of reasons, including a design defect, defective mesh material, or the surgeon’s error.

Signs of hernia mesh failure can present anywhere from a few weeks of the procedure and several years down the line.

Hernia complications not only affect your quality of life but, if left untreated, can also be life-threatening. Here are some of the common ways to tell if your hernia mesh has failed.

Bulging

If you notice a bulge in the area where the device was implanted, it’s usually a sign that the mesh has either dislodged or is in the process of dislodging. It is often accompanied by inflammation. The size of the bulge varies depending on the severity. It could be the size of a softball or larger.

Burning

Hot or warm skin around the surgical implant site is quite common when the mesh has shrunk, disintegrated, or dislodged. A burning sensation might also be a sign of inflammation caused by an infection. The burning effect may persist for several days at a time or come and go intermittently.

Constipation

A defective mesh along the abdominal wall may press up against the stomach, intestines, or colon. This may cause gastrointestinal issues, the most common of which is constipation. This is particularly common in patients with umbilical hernias, where the intestines bulge out through the naval.

Constipation can lead to other complications such as fissures, hemorrhoids, and bloating. Straining to have a bowel movement can also cause rectal prolapse and fecal impaction.

Impotence

Sexual dysfunction is a common sign of hernia mesh failure in men, especially those with an inguinal hernia where you have soft tissue protruding through the abdominal muscles. Impotence can come about due to irritation and inflammation caused by the device. In severe cases, it might be due to the spermatic cord sticking to the mesh (adherence).

Nausea

Nausea is a symptom associated with different medical conditions. If you have a hernia mesh, it might point to something more serious. It could be the result of intestinal blockage caused by the migration of the device. It could also be due to a mesh-related infection in the stomach tissue, causing digestive problems. Either way, it’s a sign of hernia mesh failure and can cause a wide range of complications, including an electrolyte imbalance brought about by severe dehydration.

Pain

This is arguably the most common sign of mesh failure. Any form of pain or discomfort at the site of the mesh implant may be the result of irritation, inflammation, or another failure-related complication. The pain may be severe or mild, chronic or acute.

Keep in mind that experiencing pain in the days following the procedure is expected. If it persists (or develops afresh) several weeks or months on, it might point to:

  • Adhesion
  • Calcification
  • Fibrosis
  • GI issues
  • Infection
  • Inflammation
  • Organ perforation
  • Thrombosis
  • Hernia mesh rejection

Hernia Mesh Lawsuit

Thousands of hernia mesh lawsuits have been filed against various pharmaceutical manufacturers. While the legal basis of each case may vary from plaintiff to plaintiff, most of them seek damages due to the manufacturers’ negligence for failing to comply with the regulations set forth by the FDA.

When suing the manufacturer, a plaintiff can claim that the device:

  • Disintegrated in their body
  • Dislodged causing perforation or bowel obstruction
  • No longer had the laminate coating, therefore, causing organ adherence
  • It was not properly packaged

Most of these lawsuits mainly target three manufacturers whose products have been the subject of at least one FDA hernia mesh recall. They are:

  • Atrium Medical, the manufacturer of the C-QUR hernia mesh
  • C.R. Bard, the manufacturer of Kugel mesh
  • Ethicon, the manufacturer of Physiomesh

Lawsuits against these firms are still ongoing. If you’re suffering from a hernia mesh failure due to a product from any of the companies listed above, you have legal grounds to file a lawsuit against them.

Hernia Mesh Lawsuit Timeline

If you’ve decided to seek legal recourse, here’s an overview of a hernia mesh lawsuit timeline.

1. Recovery Period

Most people usually recover from a hernia surgery within six weeks. They are usually ready to return to work after that. If you notice any signs of hernia mesh failure post-recovery, visit your doctor immediately.

2. File a Claim

Once your doctor confirms that your symptoms are the result of a mesh-related complication, you can file a legal claim against the manufacturer. Keep in mind that the clock for hernia mesh lawsuit statute of limitations starts running from the moment you (reasonably) know that you have an injury or complication resulting from a mesh failure.

3. Find an Attorney

You then need to retain the best lawyer for hernia mesh lawsuit claims. They’ll help you determine the physical and financial damages you are entitled to. To help determine the extent of your injuries, some of the questions your lawyer might ask include:

  • How much time away from work is the direct result of your mesh complication?
  • Has the mesh been removed? If so, how much did the procedure cost?
  • Do you require (more rounds of) corrective surgery?
  • What has it done to your mental and emotional health?

Once you file a lawsuit, the case will proceed through the discovery process, litigation, and settlement.

What Is the Average Payout for Hernia Mesh Lawsuit

These types of lawsuits can take several years in the court system, although they can be resolved out of court at any time during the process. Hernia mesh settlements range anywhere from $1.5 million as was seen in the 2010 C.R. Bard, Kugel mesh case to $184 million+ as was seen one year later when the same company paid to settle more than 3,000 claims filed against it.

The amount you would be entitled to in damages depends on the severity of your injuries, the economic impact they’ve had (medical bills, lost wages, etc.), how the condition has affected your quality of life, and the projected medical and financial losses you’ll incur going forward.

If you are suffering from injuries resulting from your hernia mesh, get in touch with the best lawyer for hernia mesh lawsuit to get the compensation you deserve.

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How Do I Obtain a Work Visa in the US?

Legal AssistantBusiness Law, Immigration Law

If you are a non-US citizen looking for US-based work or you’ve received a job offer that requires you to relocate to the United States, it is entirely likely that your employer won’t be able to sponsor you for a Green Card – not right away, anyway. You would need to obtain a temporary nonimmigrant visa before you can take up your new role. Here’s a comprehensive overview of the different types of US visas and the process to obtain one.

What Is a Work Visa

A US work visa is a temporary authorization issued to foreign nationals who want to enter the United States for employment. These visas are not permanent. They are valid for a fixed duration and require a US-based employer to file a petition with the USCIS. You can only apply for a work visa once this petition is approved.

Types of Work Visas

The United States is the world’s largest economy. Immigrants are partly responsible for driving this sustained boom. If you’re a foreigner who wishes to come to the US to work, several different visa options are available. These fall into one of four main categories:

  • Temporary nonimmigrant visa
  • Permanent workers
  • Student and exchange visitors
  • Temporary visit for business

Here is a detailed overview of the different categories of work visas and the eligibility requirements for each.

1. Temporary Nonimmigrant Visa

These visas are for people looking to work in the US for a specific duration. The prospective employer is required to file a work visa sponsorship petition with the USCIS prior to the individual’s departure. Once approved, the prospective employee still has to apply for a visa in the US Embassy or Consulate in their home country.

There are several different subsets of visas that fall under this category. Below are the most common ones.

H Visas

An H1B work visa is for individuals in specified academic or professional fields. It also applies to people with special expertise with a college degree, or higher academic qualification, or its equivalent in work experience. An H1-B work visa is valid for three years. To qualify, you need:

  • An active job offer from a US-based employer for a role that calls for specialty expertise
  • Proof of a college degree or its equivalent in that specific field
  • The prospective employer needs to prove that there’s a lack of qualified US applicants for that specific role

If you intend to work as a temporary, peak load, or seasonal worker in an agricultural or non-agricultural setting, you’ll need to apply for an H-2A and H-2B visa. These are generally valid for less than a year.

If you’re training within the United States in a field other than Graduate Medical School or training to offer your services to those who need special education but will pursue your career outside of the country, you’re required to apply for an H-3 temporary nonimmigrant visa.

I Visas

If you’re an eligible member of the foreign press or represent a foreign media outlet such as film, radio, print, or any other type of foreign information media, you can apply for an I visa to the US provided the media outlet in question has an office in a foreign country. These visas are usually indefinite for the duration the individual is working with the company. Editors, film crews, and reporters all constitute foreign press.

L Visas

An individual who is temporarily transferring within the firm in which they’re already working to the company’s offices located in the United States would need to apply for an L visa. If they’re transferring at the management/executive level, they require an L1A work visa which is valid for three years. If they’re transferring through specialized experience, they would need an L1B work visa which is valid for one year.

O1 Visas

Individuals with exceptional and extraordinary achievements or abilities in different industries can apply for an O1 work visa. If their expertise lies in education, sciences, athletics, or business, they’ll need to apply for an O1A work visa. If their extraordinary ability lies in the television or motion picture industry, they’ll need to apply for an O1B work visa.

Individuals who will be traveling with the O1 individual to assist with their work, event, or performance will need to apply for an O2 visa. Children and spouses of O1 and O2 visa holders need to apply for an O3 visa to accompany them.

P Visas

These are issued to internationally recognized athletes, performers, or entertainers and the people who travel with them. P visas are valid for the duration of the event they’re taking part in or performing in.

R Visas

Any nonimmigrant religious worker, who is an active member of a religious organization holding non-profit status in the United States, will need to apply for an R work visa. They could either be working directly with the organization itself or with a non-profit associated with it.

TN NAFTA Visas

The North American Free Trade Agreement (NAFTA) formed special terms to promote trade and economic relationships between the US, Mexico, and Canada. A TN work visa allows qualified Mexican and Canadian nationals to engage in business activities in the US at professional levels. Individuals who are eligible for TN work visas include teachers, scientists, pharmacists, lawyers, engineers, and accountants.

2. Permanent Workers

The government issues approximately 140,000 employment-based visas and permanent resident cards to individuals with the right combination of eligibility, education, skill set, and expertise. These visas are also extended to their children and spouses.

The majority of these visas require the prospective employer to have a valid US Department of Labor certification, confirming that hiring the foreign national does not take a job away from a deserving US citizen and that there aren’t enough workers within the country with the skill set they require. This is known as “labor certification” and is done by filing ETA Form 9089, Application for Permanent Employment Certification.

There are five main types of visas that fall under this category.

First Preference EB-1 Visas

An E1 work visa applies to individuals with “extraordinary ability,” including researchers, academics, scientists, business professionals, and those in the arts or athletics. EB-1 work visas don’t require labor certification. Once they get their Green Card approved, their children, spouses, and close family members may also apply for entry into the United States on an E-14 or E-15 immigrant status.

Second Preference EB-2 Visas

A second preference E2 work visa is granted to professionals who are advanced degree holders, have at least 10 years of verifiable work experience in a certain field, or whose employment is of national interest to the United States. They also extend to the family members of the visa holders through E21 or E22 visas.

Labor certification is also required for all but the third subcategory of eligibility – National Interest Waiver – before the prospective employee can be granted this category of employment-based visa.

Third Preference EB-3 Visas

An individual who holds a bachelor’s degree or a skilled/unskilled worker, who has received a non-temporary employment offer from a US-based employer, can apply for an E3 work visa. Once the prospective employer gets the mandatory labor certification and the prospective employee’s Green Card is approved, their children and spouse can then apply for permanent residency.

Fourth Preference EB-4 Visas

This is a specialized category of employment-based visas that applies to retired employees of international organizations, US Foreign Service post employees, certain religious workers, and foreign citizen wards of the court. Labor certification is not required for E4 work visas. Certain family members of the Green Card holder may be eligible for admission into the country.

Fifth Preference EB-5 Visas

E5 work visas apply to the Immigrant Investor Program and are available to individuals who invest a minimum of $900,000 in a new commercial enterprise in a targeted employment area that employs 10 or more full-time American workers, or invest a minimum of $1.8 million is a commercial enterprise in any location within the US that employs at least 10 or more full-time American workers.

3. Student and Exchange Visas

Three types of work visas apply to different categories of students:

  • F Visa – This student work visa is for any academic individual enrolled at an accredited academic institution for the duration of the study. They are restricted to campus-based jobs for the first year of study.
  • M Visa – This work visa is for any student enrolled at a vocational or nonacademic institution.
  • J Visa – This work visa is available for students enrolled in work-and-study programs such as interns, trainees, camp counselors, and au pairs.

4. Temporary Visit for Business

These visas are for short-term business engagements. There are three types of visas that fall under this category.

  • B-1 Visa – This work visa is issued to individuals conducting short-term business in the US and is valid for anywhere between one and six months.
  • GB Temporary Visitor to Guam – This is a 45-day visa for individuals traveling for business or pleasure to any US territory of Guam.
  • WB Temporary Business Visitor Under Visa Waiver Program – This is a 90-day temporary visa that authorizes citizens of 40 participating countries to travel to the US for business or pleasure without a visa.

How to Get a Work Visa

Visa stamp in a passport
Source: Unsplash

Here’s an overview of the work visa application process.

1. Labor Certification

It’s important to note that some of the temporary worker visa classes need prospective employers to get labor certification or any other admissible form of authorization from the Department of Labor on behalf of their prospective employee. This has to be done before filing Form I-129 Petition for a Nonimmigrant Worker. Prospective employers first have to review the form instructions to determine whether you require labor certification.

2. Petition Approval

The other important factor to keep in mind is that some categories of workers have a cap on the total number of petitions the government can approve annually. Before you can go to your country’s US Embassy or Consulate to apply for a temporary work visa, your employer must first file Form I-129 and wait for USCIS approval. If the work visa sponsorship petition is approved, your prospective employer will receive a Notice of Action denoted by Form I-797.

3. Online Visa Application

Only after Form I-129 has been approved can you go ahead and start the visa application process. The precise order of the steps you’re required to take may vary depending on the US Embassy or Consulate you apply through. The best thing to do would be to consult your local embassy’s website and follow the instructions provided.

Certain procedures are standard, though. You will need to complete the online nonimmigrant visa application Form DS-160, and then print the application form confirmation page and take it with you to your interview. While completing the online application, you will be required to upload your photo.

4. Schedule an Interview

If the applicant is aged between 14 and 79, interviews are generally required, with some exceptions for renewals. Nonetheless, it is at the discretion of a consular and embassy officer to interview any applicant regardless of age.

You’ll need to schedule an appointment for your visa interview in your home country’s US Embassy or Consulate. The waiting period before your interview varies depending on the visa category, season, and location. It’s always a good idea to start the process as early as possible. All bookings are made online.

5. Pay the Visa Application Fee

When you apply for a US work visa, you’re required to pay a non-refundable application fee before you show up to your interview. If your visa is approved, most countries have a visa issuance fee you’ll also need to pay. The precise amount varies depending on the country.

6. Provide the Required Documentation

Before your visa interview, ensure you carry the following documents with you:

  • A passport that’s valid for a minimum of 6 months beyond your duration of stay in the US
  • Printed confirmation page of the nonimmigrant visa application Form DS-160
  • Payment receipt for the application fee
  • Printed photo if the photo upload while completing Form DS-160 fails
  • Approved petition receipt number
  • Nonimmigrant Petition Based on Blanket L Petition Form I-129S for L visa applicants

How Long Is a Work Visa Good For

It depends on the specific type of nonimmigrant work visa you have. It varies anywhere from one year to indefinitely as long as you work for the same company, which is the case with I-visas.

Even if the process seems straightforward, it is worth retaining an immigration attorney to assist you with the visa process, as a mistake in paperwork can result in steep penalties or consequences.

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A Timeline of Texas Chemical Plant Explosions and Legal Ramifications

Legal AssistantPersonal Injury Law, Resources Leave a Comment

Any place where hydrocarbons, natural gas, or volatile chemicals are processed, stored or used carries with it a high risk for explosions if something goes wrong. Nonetheless, chemical releases, plant explosions, and fires are entirely preventable if petrochemical companies comply with the statutory safety procedures and regulations.

More often than not, if you examine companies involved in chemical plant explosions, you’ll likely find that they’ve had a history of circumventing Occupational Safety and Health Administration (OSHA) guidelines. If you or a loved one were involved in a chemical plant accident, pursuing a negligence claim against the guilty party can be a long, arduous battle.

It requires the skills and expertise of experienced plant explosion lawyers with the uncanny ability to deconstruct the events leading up to a catastrophe and establishing the duty of care. This is what ultimately determines who is responsible for ensuring that nothing goes wrong.

This article explores a timeline of the major Texas chemical plant explosions, starting with the most recent, and their respective legal ramifications.

[BREAKING] December 23, 2021 – ExxonMobil Baytown Refinery Explosion

As the largest oil refinery in the United States, ExxonMobil’s refinery in Baytown, Texas has also had numerous fires and explosions.

At approximately 1 a.m. on December 23, 2021, a huge explosion rocked the Baytown complex and surrounding areas. Initial reports indicated that the explosion and fire occurred in the gasoline production area of the refinery complex. While all personnel were accounted for, four refinery workers were severely injured in the fire and hospitalized.

The cause of the explosion and fire are still under investigation, but the incident follows a long string of prior serious safety incidents and lawsuits against ExxonMobil for numerous environmental and safety infractions.

[This is a breaking story and will be updated as investigations on the cause of this incident continue.]

November 2019 – TPC Houston Chemical Plant Explosion – Port Neches

Explosions rocked the TPC Group-owned Port Neches chemical plant releasing more than 1,000 pounds of butadiene into the atmosphere and over 500 pounds of particulate matter. The facility manufactures petrochemicals like 1, 3 butadiene, which is known to be a highly flammable compound.

Port Neches has previously been fined multiple times by the US Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) for violating air pollution emission limits. According to state data, the facility surpassed the emission caps indicated on government-issued permits approximately 70 times in the past decade and six times in 2019.

While the exact cause of the explosion is still under investigation, emergency response officials on the site indicated that the source could be traced to a processing unit in the facility that held butadiene. The chemical is a colorless gas that is known to be carcinogenic to humans. According to the EPA website, Port Neches was ranked a high priority violator of the existing federal clean air laws for more than two years in a row.

September 2019 – Celanese Corporation Pasadena Plant Explosion

Emergency crews arrived at the scene after fire and explosions erupted at the Celanese Corporation chemical plant in Pasadena. Emergency personnel employed by the company managed to quell the flames swiftly in the incident that occurred at the company’s Clear Lake Plant. There were no injuries reported, and no shelter-in-place directive was issued.

July 2019 – Baytown Plant Explosion

The Exxon Mobil plant explosion in Baytown sent a plume of smoke billowing over the Houston area. While no fatalities were reported in the incident, 37 people were left nursing burn-injuries, although no one had to be hospitalized. The fire is reported to have first broken out in the area used to purify propylene – a compound used as a fuel and in the manufacture of plastics.

industrial plant during sunrise image

Harris County filed a lawsuit against the petrochemical company alleging gross environmental violations that stem from a fire that broke out at the same facility earlier in the year. Exxon’s three Baytown plants have been cited repeatedly for multiple violations of regulations, albeit with limited consequences.

According to data from the EPA, the state fined Exxon $3.8 million in 2018 after investigations revealed that the company was not properly monitoring or operating flares at their facilities in Texas and Louisiana.

Environment Texas, an environmental advocacy organization, sued Exxon’s three Baytown area plants for being among the biggest polluters in the Houston area. A US District Judge ordered the company to pay an estimated $20 million as the outcome of the litigation.

May 2019 – Kuraray America Eval Texas Chemical Plant Explosion

Close to two dozen people sustained minor injuries after a valve-malfunction caused a fire and explosion at a Pasadena chemical plant in Bay Area Boulevard. The company specializes in manufacturing ethylene vinyl-alcohol copolymers. The fire was extinguished a short while later, and no shelter-in-place directive was issued. The plant has had no prior health and chemical safety violations.

April 2019 – Crosby Chemical Plant Explosion

This became the third major chemical plant explosion Crosby, TX, that occurred in the Houston Metro Region in 2019. The KMCO plant explosion caused a massive fire which was triggered by the ignition of isobutylene gas. Thousands of pounds of potentially toxic chemicals were released into the air forcing the nearby community to shelter-in-place for the better part of the day.

The accident led to one fatality and critically injured two employees. While the region is well-known for housing some of the largest concentration of petrochemical storage and processing facilities, it is not uncommon for occasional accidents to occur.

However, the frequency with which the three explosions happened and in such proximity to each other reveals serious gaps in regulatory oversight. The major concerns associated with any chemical plant explosion is that exposure to the toxic fumes released into the atmosphere in smoke plumes have the potential to cause serious health problems to area residents both in the short and long term.

March 18, 2019 – Deer Park Plant Explosion

On the morning of St. Patrick’s Day, two massive tanks caught fire at the ITC Deer Park petrochemical plant located roughly 15 miles southeast of Houston, TX. The fire spread to other neighboring storage tanks, which were still ablaze many days after the fire first broke out. The flames were contained more than three days later.

While no one died in the accident, at least 20 people sustained injuries as a direct result of the plant explosion. A week later, plant workers and Houston residents reported experiencing breathing issues, burning throats, itchy eyes, nose bleeds, and headaches.

The symptoms are consistent with respiratory issues brought on by toluene, naphtha, and xylene, which were the chemicals housed at the plant used in the manufacture of gasoline. These chemicals have been scientifically linked to the onset of health problems like brain damage, kidney issues, liver problems and cancer in the long term.

ITC also acknowledged that the explosion might have resulted in these chemicals getting washed into the nearby Houston ship channel which links Houston to the Gulf of Mexico. The company encouraged all who had suffered injuries or losses resulting from the fire to participate in its compensation program.

However, the claim form indicates that individuals who receive compensation from ITC effectively waive their rights to recover any other form of damages they may have suffered as a result of the explosion. These include medical expenses and/or lost wages. This means that anyone who receives monetary compensation of any amount is barred from filing a lawsuit in the future should they develop health complications further down the line as a result of the fire.

Texas Sues ITC

explosion fire image

The state of Texas filed a lawsuit on behalf of the Texas Commission on Environmental Quality (TCEQ) for violating the Texas Clean Air Act, given the air pollution released during the fires that burned for several days. The state seeks civil penalties as well as a permanent injunction to hold the petrochemical company liable for the damage it caused to the environment. The Texas Attorney General stated that the company had displayed a long history of environmental violations and would therefore not be allowed to continue to put public health and safety at risk.

March 16, 2019 – Baytown Complex Plant Explosion Houston

A fire broke out at a plant refinery at ExxonMobil Complex in Baytown. Although the fire was put out a couple of hours later, Harris County officials allege that it continued to release toxic pollutants for at least eight more days. They accuse the petrochemical company of violating the federal Clean Air Act, to which end they filed a lawsuit to hold them accountable for their gross negligence.

March 2018 – Cresson Chemical Plant Explosion

One person was killed, and two others were injured after an explosion and a large fire erupted at a Tri-Chem Industries plant 25 miles southwest of Fort Worth. Witnesses allege that the explosion was ignited when a worker dragged their feet on the door while highly volatile chemicals were being mixed.

The family of the deceased victim, alongside one of the injured victims, filed a lawsuit in which they named Tri-Chem, Access Chemicals, TR International Trading Company, and Dongying Shengya Chemical Co. as the defendants in the suit.

August 2017 – Arkema Chemical Plant Explosion

Two explosions rocked the Arkema chemical plant in Crosby, TX, after Hurricane Harvey caused a power blackout at the plant that lasted for days. Since the backup generators also failed, there was no power to sustain the coolant system to subdue the volatile chemicals produced onsite.

beach during hurricane image

Some of these included sulfur dioxide and methylpropene. If these two compounds don’t remain cool, they naturally degrade and combust. No fatalities or injuries were reported in the explosion.

April 2013 – West Texas Fertilizer Plant Explosion

The massive explosion and fire that broke out at the West Fertilizer Company plant left roughly 35 people dead, including 10 emergency responders who first arrived at the scene. 160 other individuals were critically injured in the explosion that was ruled one of the worst disasters in Texas history.

The cause of the blast was due to the presence of the highly volatile ammonium nitrate. However, an investigation by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives revealed that the fires that had preceded the explosion on that fateful day had been intentionally set and would treat the incident as a criminal act. The blast left behind a 10 feet deep crater measuring 93 feet wide and damaged hundreds of homes, including a 50-unit apartment complex, a nursing home, and three schools.

The City of West filed a lawsuit against West Fertilizer Co. seeking damages and alleging negligence in the way they stored the ammonium nitrate. CF Industries – the company which supplied the volatile agricultural grade fertilizer was also named in the suit.

March 2005 – Texas City Plant Explosion

The BP Texas City Refinery explosion of 2005 will be remembered as one of the most notable cases of failure by a high-profile multinational company to protect the health and safety of its employees. It was the worst plant explosion in US history.

On that fateful day, company employees embarked on a particularly dangerous procedure that involved restarting a unit that was previously down for repair. The process involved filling up the tower with gasoline, which then began to overflow. The excess gas flowed into a back-up unit which also overflowed sending a geyser of gasoline into the air.

It ignited and set off the infamous gas plant explosion killing 15 workers and severely injuring at least 170 others. The daughter of two plant workers who were among those who died in the accident sued the company for the death of her parents. She initially sought damages amounting to $1.2 billion but later settled for an undisclosed amount along with $32 million donated to various causes chosen by her.

BP accepted full responsibility for the catastrophe and settled more than 1,000 lawsuits related to those who were injured, family members of the victims, and those who suffered shock from the blast. The company spent well over $1.6 billion to settle the claims. Federal authorities fined BP more than $21 million for violating more than 300 safety regulations that contributed to the Texas plant explosion.

Hold Negligent Parties Accountable

A chemical plant explosion can occur for a variety of reasons. It could start as a small fire that grows out of control or a small leak that’s ignited by a spark. The chemicals in these facilities are usually highly flammable, so it’s relatively easy for an explosion to get out of control in a matter of minutes.

As a result, severe burn injuries, bone fractures, and fatalities are not uncommon in such events. If you’ve been affected by a chemical plant explosion today or in the past, consult with an experienced personal injury attorney to help you get the compensation you deserve. Don’t wait. Act now.

If you have more legal questions, you can also chat online with a Laws101.com attorney, where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.