woman strolling luggage on an airport pathway

What Is an Enhanced Driver’s License?

Legal AssistantAdministrative Law, International Law, Regulatory Law, Resources

If you live in Washington, Vermont, New York, Minnesota, or Michigan and have plans to visit family members or go on vacation, you might have to rethink your mode of travel. Most of these states have imposed deadlines requiring all state citizens to obtain enhanced driver’s licenses or real IDs if they plan to travel by air. What is an enhanced driver’s license, and how is it different from a real ID? Here’s everything you need to know.

What Is an Enhanced Driver’s License?

An enhanced driver’s license (EDL) looks like a standard driver’s license except for the banner that reads “Enhanced” and the picture of the American flag that appears on the bottom-right corner.

A state-issued enhanced driver’s license serves as proof of citizenship and identity for domestic air travel, as well as gaining access to federal buildings and military bases. It also provides travelers with a convenient, low-cost alternative when re-entering the US from Mexico, Canada, or the Caribbean through sea or land ports of entry. Since it is also a driver’s license, an EDL license also functions as a permit to drive.

The Department of Homeland Security has been working closely with states to enhance their identification documents and driver’s licenses to comply with the travel guidelines as defined by the Western Hemisphere Travel Initiative (WHTI).

The WHTI is a joint plan between the Department of Homeland Security and the Department of State to implement one of the primary recommendations of the 9/11 Commission as well as the Intelligence Reform and Terrorism Prevention Act’s (IRTPA’s) statutory mandates.

The IRTPA tasked the DOS and DHS with developing and implementing a plan that requires all travelers – both US and foreign nationals alike, to present a passport or any other acceptable documentation that denotes an individual’s citizenship and identity when entering the country.

Enhanced driver’s licenses contain two main technologies that make it easy for US citizens to cross into the country at a port of entry:

  • A Radio Frequency Identification (RFID) chip that transmits a signal to a secure system. It prompts it to bring up your biometric and biographic information as you approach a border inspection booth.
  • A Machine Readable Zone (MRZ) in the form of a barcode. It can be read electronically to pull up your biometric and biographic information at a border inspection booth if the RFID chip malfunctions.

Enhanced Driver’s License Requirements

To apply for an enhanced driver’s license in Washington, Vermont, New York, Minnesota, or Michigan, you’ll need to provide:

  • Proof of name
  • Proof of identity, social security number (not required for Washington state residents), US citizenship, and state residency
  • Completed application form
  • EDL fee ($35 for Washington residents, $25 for Vermont residents, $30 for New York residents, $15 for Minnesota residents, or $45 for Michigan residents)
  • Photograph (for Michigan residents only)

What Is a Real ID?

In 2005, Congress passed the Real ID Act. This federal law defines the minimum security requirements for license production and issuance and makes it illegal for certain federal agencies to accept identification cards and driver’s licenses from states that don’t meet these standards.

The Act further establishes the situations in which a real ID (and not any other form of identification) would be required. These include:

  • Access to certain federal facilities
  • Access to all nuclear power plants
  • Boarding a federally regulated commercial aircraft

In December 2013, the DHS announced that the enforcement of the Real ID Act would be carried out in phases. This mode of implementation was designed to ensure that the law was enforced fairly and responsibly.

To date, half of all the states have met the minimum standards provided by the Act. The deadline for compliance has been set for May 3, 2023. This means that any adult aged 18 years or older flying to anywhere within the US borders, accessing a federal building, or entering a military base needs a real ID before they can do so.

Real ID Requirements

To apply for a Real ID, here’s a list of the things you need:

  • Proof of identity that displays your date of birth; proof of US citizenship or a government-issued document showing lawful status
  • Name change documents (if applicable) such as a marriage certificate if the name on your identity document is different from your current name
  • Social security number (SSN) as displayed on your social security card, W-2 Form, SSA-1099 Form, Non-SSA-1099 Form, pay stub, or a printed deposit slip displaying your name and SSN
  • Proof of residency by presenting two documents: a bank statement, canceled check, credit card statement, certified college/university or grade/high school transcript, deed/title or lease/rental agreement, etc., bearing your residential address.
  • Written signature on a canceled check, standard driver’s license, credit/debit card from a major provider, or social security card

Enhanced Driver’s License vs Real ID – Which One Should You Get

Now that you know the difference between an EDL and a real ID, the question becomes – which one should you get? The answer to this question all boils down to your current lifestyle. How often do you travel for work or leisure? Are your travels primarily within the US, or are you mainly an international traveler?

A real ID will suffice for individuals who travel a lot within the US. On the other hand, international travelers may require enhanced driver’s licenses. An EDL and real ID can both be used to fly within the US and enter federal facilities.

The difference between the two documents comes in when re-entering the country through a land or sea port-of-entry. Only EDLs allow US citizens to cross into the country from the Mexico and Canadian borders, as well as from some countries in the Caribbean.

It is worth noting that EDLs are not available in every state. Currently, only five states in the country are issuing enhanced driver’s licenses, namely: Washington, Vermont, New York, Minnesota, and Michigan.

Do You Need an Enhanced License to Fly?

From May 3, 2023, US citizens will need an EDL or ID card, a passport or passport card, or any other form of accepted documentation to board domestic flights. Technically speaking, if you already have a valid Global Entry Card, US passport, federally-recognized tribal-issued ID, or a Department of Defense ID, you don’t need an enhanced license to fly.

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

family enjoying near rv

Can You Ride in an RV Without a Seatbelt?

Legal AssistantConsumer Law, Criminal Law, Resources

Hitting the open road in your RV with your family is the classic American vacation. Discovering magnificent new locations is what makes the whole trip so exhilarating. Since you’ll likely be traveling on the interstates and highways, it’s important to familiarize yourself with RV seatbelt laws to avoid getting caught up on the wrong side of the law.

Can you ride in an RV without a seatbelt? This article explores the answer to that question and more.

RV Seat Belt Laws by State

Seat belt laws for RVs vary widely by state. Things can get a little dicey if you’re crossing state lines. As a rule of thumb, it’s always easier to abide by the rules in the state with the most stringent regulations. That way, you know you won’t be breaking any laws regardless of which state you travel to.

As far as RV seat belt laws go, you can sit in any location in your vehicle. However, it doesn’t mean that every spot in your RV is safe to ride in. It’s always a good idea to strap up wherever you’re seated as opposed to not being strapped in at all.

Here’s a brief overview of the RV seat belt laws in various states across the country.

  • Alabama: passengers in the back and not required to buckle up.
  • Alaska: all passengers in the RV should wear a seatbelt.
  • Arizona: children aged 15 years and below should wear a seatbelt in the backseats.
  • Arkansas: all passengers in the RV should be buckled up at all times.
  • California: all passengers in RV should wear a seatbelt at all times.
  • Colorado: all passengers in the vehicle should be buckled up at all times.
  • Connecticut: children in the backseat aged 16 years and below should be buckled up at all times.
  • Delaware: every passenger in the RV should wear a seatbelt at all times.
  • Florida: passengers in the backseat aged 18 years and below should wear a seatbelt at all times.
  • Georgia: passengers in the back seats aged 18 years and below are required to wear seat belts at all times.
  • Hawaii: every passenger in the RV should be buckled up at all times.
  • Idaho: every passenger in the RV should wear a seat belt at all times. This rule does not apply for RVs that weigh 8000 pounds and above.
  • Illinois: all passengers aged 15 years and below should be buckled up at all times.
  • Indiana: passengers in the back of the RV can ride without a seatbelt.
  • Iowa: all passengers need to be buckled up at all times.
  • Kansas: children age 14 years and below riding in the back seats need to be buckled up at all times.
  • Kentucky: the law requires all passengers in the RV to be buckled up while the vehicle is in motion.
  • Louisiana: children aged 12 years and below need to have seat belts on while riding in the backseat.
  • Maine: all passengers in the RV are required to buckle up.
  • Maryland: adults riding in the back seats do not need to wear a seatbelt. On the other hand, all children need to be buckled up at all times.
  • Massachusetts: all passengers are required to wear a seatbelt.
  • Michigan: all children riding in the backseat aged 15 years and below have to wear a seatbelt at all times.
  • Minnesota: children aged 10 years and below riding the back seats need to wear seat belts at all times.
  • Mississippi: children aged 10 years and under need to be buckled up at all times when riding in the backseat.
  • Missouri: children aged 15 years and below need to be buckled up at all times when riding in the back seats.
  • Montana: all passengers riding in the RV need to wear seat belts at all times.
  • Nebraska: all passengers aged 18 years and below need to be strapped in at all times.
  • Nevada: all passengers riding in the RV need to wear seat belts at all times if the vehicle is traveling at more than 15 mph.
  • New Hampshire: all passengers in the RV are required to wear a seatbelt unless the RV is a 1968 model or older.
  • New Jersey: children aged 17 years and below are required to wear a seatbelt at all times.
  • New Mexico: all passengers in the RV need to be buckled up at all times.
  • New York: children aged 15 years and below are required to wear seat belts if they’re riding in the backseats.
  • North Carolina: children aged 16 years and below are required to wear seat belts at all times if they’re riding in the backseats.
  • North Dakota: children aged 17 years and below are required to buckle up at all times when riding in the backseats.
  • Ohio: only riders in the front seats are required to buckle up while the RV is in motion.
  • Oklahoma: children aged 12 years and below are required to wear seat belts when riding in the backseats.
  • Oregon: all passengers are required to buckle up while the RV is moving.
  • Pennsylvania: children aged 18 years and below need to be strapped in at all times when riding in the backseats.
  • Rhode Island: all passengers are required to wear a seatbelt at all times.
  • South Carolina: all passengers need to be buckled up at all times.
  • Tennessee: children aged 16 years and below need to be buckled up at all times when riding in the back seats.
  • Texas: children aged 17 years and below are required to wear seat belts at all times when riding in the RV.
  • Utah: everyone in the RV is required to wear a seatbelt
  • Vermont: all passengers need to be strapped in a moving RV.
  • Virginia: children aged 16 years and below need to be buckled up when riding in the backseats.
  • Washington: all passengers in the RV need to have the seatbelt on while the vehicle is in motion.
  • West Virginia: children aged 17 years and below are required to wear seat belts at all times while riding in the backseats.
  • Wisconsin: children aged 15 years and below are required to wear seat belts while riding in the back seats.
  • Wyoming: all passengers have to be buckled up while the RV is in motion.
rv in hills
Image Credit: PXHere

FAQ

Can You Ride in a Towable RV?

In most states across the country, it is illegal for passengers to ride inside any towable RV. It’s important to look up what the state law has to say about it. For instance, Kansas and Alabama allow passengers to ride inside a towable RV.

5th wheel RV laws vary by state. It is illegal in some states and prohibited in others. Be sure to check the laws in the state you’re driving through to avoid getting caught up on the wrong side of the law.

It is legal in some states and illegal in others. In states where riding in RV trailers is legal, additional laws may require all windows of the camper trailer to be made of safety glass before any passenger can ride inside.

Can You Sleep in RV Bed While Driving?

The answer to this depends on the state you’re traveling in. In most states, it is generally legal to sleep in a towable travel trailer if state law does not prohibit you from riding in it. It is generally legal for adults to sleep in an RV bed if state law allows them to ride in the backseat without being buckled up.

Can You Put Child Seats in an RV?

RV child seat laws require children to be buckled in at all times when riding in a moving vehicle, RVs included. Ensure the sitting positions in the RV cabs are appropriate for car seat installations.

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

judge using gavel

How to Join a Class Action Lawsuit

Legal AssistantConsumer Law, Mass Torts, Personal Injury Law

When hundreds or even thousands of people  all suffer the same harmful effects of the same individual or entity, rather than file several different lawsuits, those people can come together to form a “class.” That way, they can all file a single lawsuit known as a “class action.”

Class action suits arise for several reasons, including defective products such as faulty prescription drugs and vehicle components, stockholder claims such as securities fraud, unfair business practices such as banking and phone services, and even employment-related issues such as wage disputes and discrimination.

How do you join a class action suit? Here’s everything you need to know.

How to Join a Class Action Lawsuit

In most cases, there’s nothing you need to do to join the class action. These types of legal claims are usually opt-out lawsuits. It means that if you’re a class member whose legal interest is represented by the suit, you’ll automatically be included in the claim unless you choose not to participate or “opt-out.”

If a class action suit has been filed, you may receive a letter in the mail indicating that there’s a lawsuit that could affect your legal rights. You won’t have to pay anything since the lawyers handling the case will only receive their fees if they get a favorable outcome.

These would be deducted from the court award or settlement. You only need to take action once the case settles, at which point you’ll need to complete and submit a form online or via mail to get a portion of the settlement.

If the lawsuit is an “opt-in” class action, it means you won’t automatically be included in the claim. The class action notice you receive will contain information on how to join the lawsuit to opt-in.

Can I Sue Without Joining a Class Action Lawsuit?

While pursuing an individual claim against a company is possible, a class action lawsuit gives you better odds of a settlement. There’s strength in numbers, so you stand a better chance of recovering the compensation you otherwise wouldn’t have been able to as an individual. That said, there are some risks of joining a class action lawsuit you need to keep in mind.

For starters, the compensation you’re entitled to receive is restricted to specific economic damages. If a defective product harmed you, the courts would likely award compensation for the cost of treatment and possibly the cost of the item. You won’t be able to recover damages for, say, future medical costs.

Additionally, once you join a class action, you cannot sue the company as an individual – ever. This applies whether or not the class action is successful. If it loses, you’re out of luck.

Top Class Action Suits

Below is a detailed overview of the top class action suits that have been filed in the recent past.

TikTok Lawsuit

If you are a TikTok user in the United States, you might be entitled to a portion of the $92 million settlement to resolve a class action suit over data privacy. Any individual in the country who used the social app before October 1, 2021, can join the nationwide Class.

In the class action suit, plaintiffs accused TikTok of breaching their data privacy rights by collecting users’ personal data without consent or adequate notice. The defendants named in the suit are TikTok Inc. (formerly Musical.ly Inc.), Musical.ly Inc. (now TikTok), ByteDance Inc., and Beijing ByteDance Technology Company Ltd. The companies were accused of violating federal and state privacy laws with regard to the collection of personal information.

While the court did not rule in favor of any of the parties to the suit, the defendants denied any wrongdoing. The parties have since negotiated and agreed on an out-of-court settlement in a bid to save on the time, costs, and uncertainty associated with taking the case all the way to trial.

Any class member who files a valid claim will receive a proportional share of the settlement amount once attorney’s fees and any other related expenses are deducted from the fund. If you used the app to create a video, you might be entitled to compensation. The final class action settlement hearing is slated for May 18, 2022, and the deadline to file a claim is March 1, 2022.

T-Mobile Lawsuit

In August 2021, Stephen J. Vash filed a class action suit against T-Mobile on his behalf as well as that of 100 million of the telecommunication firm’s customers. Vash claimed that T-Mobile betrayed customers’ trust by not properly securing the sensitive personally identifiable information (PII) they provided when they first signed up for the company’s services.

He stated that T-Mobile negligently, recklessly, willfully, and intentionally disregarded plaintiffs’ rights by failing to put in place reasonable measures that ensured customers’ PII was adequately safeguarded.

Some of the personally identifiable and private information provided by customers as part of the telecommunication firm’s sign-up requirements included their full name, birth date, physical address, phone number, and social security number.

Details in the suit state that T-Mobile should have anticipated a potential cyberattack and, as a result, acted negligently by allowing the breach to occur. Plaintiffs also stated that the company did not update, audit, and monitor its cybersecurity patch maintenance and protocols and failed to detect, mitigate, and notify customers of the breach.

Vash further alleged that T-Mobile put customers at risk of suffering significant harm and inconvenience by failing to take measures to prevent the data breach, including fraud. He stated that those affected would now have to channel time and money toward keeping their information safe from cybercriminals.

Plaintiffs are seeking actual, statutory, and punitive damages, as well as injunctive and declaratory relief, as well as restitution and reimbursement for the attorney fees and expenses incurred during the duration of the suit.

Zantac Lawsuit

On April 1, 2020, the Food and Drug Administration (FDA) called for the immediate withdrawal of all over-the-counter and prescription Zantac medications from the market, including generic forms like ranitidine. The federal agency arrived at this decision after the widely popular heartburn medication was linked to a known carcinogenic substance.

Seven months earlier, Sandoz Inc., the drug company that manufactures Ranitidine Hydrochloride Capsules (Zantac) 150 mg and 300 mg, had issued a voluntary recall after they discovered the presence of N-Nitrosodimethylamine (NDMA). The substance is considered a probable human carcinogen.

According to the FDA, medications that contain ranitidine often contain trace amounts of NDMA. Lab tests have since demonstrated that the substance is potently carcinogenic even in low quantities. Since then, several generic Zantac manufacturers have issued recalls, including Zantac suppliers for CVS, Rite Aid, Walmart, and Walgreens. Sanofi, a well-known manufacturer of brand-name Zantac, also issued a recall in October 2019.

Thousands of Zantac lawsuits have since been filed in the federal courts and have now been consolidated into a class action multidistrict litigation (MDL). According to the MDL steering committee, you are eligible to join the suit if you or a loved one has been diagnosed with cancer of the stomach, liver, pancreas, bladder, or esophagus. The initial cases are expected to go to trial toward the end of 2022.

Roundup Lawsuit

man spraying pesticide
Image Credit: Unsplash

In March 2015, the International Agency for Research on Cancer (IARC) released a report indicating that glyphosate, the active ingredient in the popular weed killer Roundup, was shown to cause cancer. Before this 2015 IARC report, studies in both the United States and Sweden that were published from 2001 concluded that glyphosate, as well as other pesticides, were associated with an increased risk of cancer.

Non-Hodgkin’s lymphoma is the most prevalent type of cancer associated with Roundup. It has also been linked to other types of blood cancers such as hairy cell leukemia, chronic lymphocytic leukemia, B-cell lymphoma, and T-cell lymphoma. Lymphoma is a type of cancer that originates in the lymphatic system and forms part of the body’s immune system.

There are 70+ cancers that fall in the category of lymphomas, one of which happens to be Hodgkin’s disease and non-Hodgkin’s lymphoma. The latter is the most common type and occurs when white blood cells, also known as lymphocytes, develop tumors.

The main difference between non-Hodgkin’s lymphoma and Hodgkin’s lymphoma is whether or not the presence of an abnormal cell known as the Reed-Sternberg cell is detected. This cell is only found in patients with Hodgkin’s lymphoma.

In August 2018, DeWayne J. was awarded $289 million in a lawsuit against Monsanto after the jury determined that the company’s popular weed killer Roundup was the cause of his terminal cancer.

In March 2020, Gregory Canzoni filed a lawsuit in an Ohio federal court. Following his exposure to glyphosate in Roundup, Canzoni received a hairy cell leukemia diagnosis in September of the following year.

More than 125,000 ongoing claims by Roundup users allege glyphosate exposure led to their non-Hodgkin’s lymphoma. Bayer, the company that acquired Monsanto in 2018, has since settled 95,000 of these claims for $9.6 billion.

In May 2021, the company provided a $2 billion class action proposal to settle the remaining 30,000 cases where the plaintiffs allege that Roundup was responsible for making them ill. The proposal was rejected by a US District judge, citing that it was “clearly unreasonable.”

A month later, the company came up with a new proposal. That it would:

  • Obtain approval from the Environmental Protection Agency (EPA) to include a link on product labels referencing the 2015 IARC study informing customers on the risks of using the weed killer
  • Compensate plaintiffs up to $200,000 if they were diagnosed with non-Hodgkin’s lymphoma in the future and cater for all medical examination expenses.

Baby Powder Lawsuit

Baby powder lawsuits, also known as talcum powder lawsuits, are claims in which plaintiffs allege that the manufacturers were aware that their products were contaminated by asbestos and did nothing to warn consumers of the inherent risks of using them. Asbestos has been proven to cause ovarian cancer and mesothelioma.

Johnson & Johnson is currently facing close to 38,000 cases resulting from asbestos contamination of their talc products. In the summer of 2021, J&J created LTL Management LLC. as a subsidiary of the main firm. The idea was to separate the company’s assets from its mounting liabilities, which, at the time of this publication, amounted to more than $4 billion in defense, verdicts, and settlement costs.

Shortly after, LTL Management filed for bankruptcy despite receiving a letter from the oversight committee of the US House of Representatives, urging the company to forgo this seemingly evasive tactic. The firm’s bankruptcy proceedings meant that all the existing lawsuits against J&J were effectively paused until the final ruling.

J&J range of products implicated in the talc powder class action suits include:

  • Johnson’s Baby Powder
  • Gold Bond Body Powder
  • Gold Bond Extra Strength Body Powder
  • Gold Bond No Mess Powder Spray
  • Shower to Shower

Other manufacturers named in talc-powder-related lawsuits include Colgate-Palmolive, Imerys Talc North America, Whittaker Clark & Daniels, and Vanderbilt Minerals. At least four different class action suits have been filed to date, with jury verdicts awarding plaintiffs billions of dollars in class action settlements.

In your typical asbestos lawsuit, plaintiffs allege that talcum products that have been contaminated with asbestos are the root cause of their mesothelioma. In a recent verdict, a jury ordered J&J and Imerys Talc to pay $117 million to Stephen Lanzo III and his wife in punitive and compensatory damages. In his suit, Lanzo stated that J&J was responsible for his mesothelioma diagnosis.

OxyContin Lawsuit

To date, more than 100,000 personal injury claims have been filed against Purdue Pharma for injuries related to addiction, overdose deaths, and infants born with neonatal abstinence syndrome caused by opioid exposure in the womb.

In December 2021, a federal judge overturned a $4.5 billion settlement ruling between local, state, and tribal governments stating that it shielded the Sackler family, who owned Purdue Pharma, from all civil liability in opioid drug deaths and related tragedies. This settlement came in the wake of a complex restructuring plan that a bankruptcy judge had approved in September of the same year.

In the original settlement, individuals who had filed personal injury claims against the OxyContin maker would receive up to $48,000 each under the bankruptcy plan. According to court documents, the payouts would be sourced from a special trust worth an estimated $750 million.

A New York US District judge later pulled the plug on the initial deal since it contained a clause indicating that members of the Sacker family, who incidentally did not file for individual bankruptcy, would only contribute to the settlement fund if they were exempt from all future civil litigation. The case is ongoing.

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

typewriter with a page displaying words

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.

N

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

man in a hoodie using a laptop

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.

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

captain at the cockpit of a cruise ferry

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.

Need help from a legal expert? Chat online with a Laws101 attorney right now.

worker falling from stairs with wood log

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.