Monday, March 16, 2020

Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Morgan, Collins, Yeast & Salyer, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.  

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our healthcare system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:  

  • GoToMeeting
  • Facetime
  • Skype
  • Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

COVID 19 Prevention: Social Distancing

Health officials are recommending “social distancing” measures to cut down on close contact. This will help minimize the spread of the Coronavirus (COVID-19). Please make sure you review the Centers for Disease Control and Prevention (CDC) for more information about other steps you can take to protect yourself and others from exposure to this virus. 

General Info About (COVID-19)

More and more information about the virus is coming out daily. Please stay up to date on information and symptoms by checking the CDC’s website.

This virus spreads easily and sustainably! You can get COVID-19 “by touching a surface or object that has the virus on it and then touching your mouth, nose, or eyes.” It is thought that you are most contagious when you are displaying symptoms, however, you can be contagious before you even show symptoms. 

Symptoms of Coronavirus

Here are some of the major symptoms of the virus:

  • Respiratory Tract Infection – shortness of breath 
  • Fever/chills 
  • Cough
  • Flu-like symptoms  
  • Fatigue
  • Pressure in the Chest
  • Headaches
  • Muscle or Body Aches
  • Sore Throat 

Please note that carriers of the virus may not be displaying symptoms and that you are still at risk and may be carrying the virus and not know unless you are tested.

Contact Morgan, Collins, Yeast & Salyer


If you were hurt in an accident and are seeking legal help, let the attorneys at Morgan, Collins, Yeast & Salyer help you – in the comfort of your own home! If you would like to discuss your legal issues with any one of our attorneys, we can simply meet with you by phone.

Contact us now at (606) 598-2122 to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

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from Morgan, Collins, Yeast & Salyer https://www.kentuckycourage.com/blog/covid-19-coronavirus-update/
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Monday, March 9, 2020

Scott Borders Accepts Appointment to Kentucky Workers’ Compensation Board

Morgan, Collins, Yeast & Salyer would like to thank Scott Borders for his years of service to the law firm and congratulate him on his appointment as a judge on the Kentucky Workers’ Compensation Board.

Roy Collins, managing partner of Morgan, Collins, Yeast & Salyer, said, “We hate to see him go, but understand it’s a move that not only secures his well-earned retirement but also will allow him to apply his years of experience to ensure that injured workers and their employers receive fair administration of justice.”

Judges on the Workers’ Compensation Board are appointed by the Governor of Kentucky with the consent of the state Senate to serve four-year terms.

Scott has more than 30 years of experience handling workers’ compensation cases. He has worked as an insurance defense lawyer, as a plaintiff’s attorney in our Lexington office representing injured workers and as an administrative law judge. He previously served 14 years as a Kentucky workers’ compensation administrative law judge making decisions about people’s claims.

Scott has lectured on workers’ compensation at legal seminars and completed training from the National Workers’ Compensation Institute and the International Association of Industrial Accident Boards and Commissions.

He recognized the importance of helping regular people who are going through tough times because of work-related injuries. As a plaintiff’s attorney, he brought strength and experience and Kentucky Courage to each case he handled.

The kind of legal representation Scott provided clients is epitomized by the comments of former client Debbie Tucker, who offered a public testimonial about our law firm that is on our website

“I would wholeheartedly recommend the firm of Morgan, Collins, Yeast & Salyer to anyone needing help navigating the workers’ compensation system,” Tucker said. “I would most definitely recommend my amazing lawyer, Scott Borders.”

“As I sit here waiting for the phone to ring telling me it’s over, I can’t help but think how blessed I have been to have y’all in my corner.”

Scott earned a bachelor’s degree in business administration from the University of Kentucky College of Business in Lexington and received his law degree from the Northern Kentucky University Salmon Chase College of Law in Highland Heights.

Seek the Help of Qualified Workers’ Comp Attorney

If you have been seriously injured in a workplace accident, you should seek the guidance of a knowledgeable workers’ compensation lawyer. It takes courage not to give up when your claim has been turned down. You should never accept as the final word an employer’s denial of your claim or termination of your workers’ compensation benefits without having a qualified workers’ comp attorney review it.

As an injured employee, you have rights under Kentucky workers’ compensation law. Our experienced workers’ comp attorneys at Morgan, Collins, Yeast & Salyer provide the Kentucky Courage™ needed to appeal a disputed workers’ compensation claim. We will fight for your rights because we understand the outcome of your claim can affect the quality of your life for the years ahead. We’ll focus on seeking the maximum benefits available under the law.

Our workers’ compensation attorneys represent injured workers in Lexington, Somerset, Manchester, London, Hazard, Paducah, Paintsville and throughout Kentucky. We are available to meet with you at one of our law offices, over the phone or at a location convenient to you.

workers' compensation team of lawyers

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from Morgan, Collins, Yeast & Salyer https://www.kentuckycourage.com/blog/scott-borders-accepts-appointment/
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Thursday, March 5, 2020

New Cell Phone Driving Law Coming To Kentucky?

Could Kentucky adopt a tougher law restricting texting or using cell phones while behind the wheel of a car this year?

State Rep. James Tipton of Taylorsville has introduced a bill to do so, and he has six co-sponsors, according to the Louisville Courier Journal.

If the “Phone-Down Kentucky Act” becomes law, the use of a “personal communication device” or a “stand-alone electronic device” while driving or while temporarily stopped in traffic would be illegal. It would also be illegal to watch, record or broadcast video on such devices while driving.

The proposed law would apply to cell phones, tablets, laptop computers and personal digital assistants. Adding “stand-alone electronic device” to the ban covers any other mobile device that stores audio or video files retrievable on demand. It would be illegal to hold, use or in some cases even reach for these devices while driving.

Violations of the new law would bring a fine between $50 and $100 for a first or second offense. The fine would increase to between $100 and $199 for a third or subsequent offense or if the violation results in an accident.

The legislation focuses on texting, making cellphone calls and using personal electronic devices behind the wheel, which are among the most dangerous forms of distracted driving.

It makes exceptions for calling for medical help or law enforcement assistance during an emergency (i.e., phoning 911). It also allows hands-free or voice-operated technology along with the “minimal use of a finger to activate, deactivate, or initiate a function of the device.”

What’s The Current Kentucky Law about Distracted Driving?

You may be aware that Kentucky already has a law that makes texting while driving illegal. A bill signed into law on April 15, 2010, bans drivers of all ages from using a “personal communication device” to write, send or read “text-based communication” while a motor vehicle is in motion. The law prohibits text messages, instant messages and e-mail.

However, existing Kentucky law allows drivers who are 18 years old or older to make phone calls by entering or selecting a telephone number or a person’s name on a cell phone. Adult drivers are also allowed to use GPS devices while behind the wheel.

Under current law, drivers who are under age 18 are not allowed to hold cell phones or other personal communication devices while the vehicle is in motion. Using a navigation system is permitted, but it’s against the law for a driver to manually enter information while the vehicle is moving.

Is hands-free cell phone communication while driving is legal in Kentucky?

Over the years, police have said it’s difficult to enforce Kentucky’s existing texting-while-driving ban because holding a phone is not a violation and the law doesn’t expressly mention such activity as browsing social media or streaming music.

“The way the law is written, you could be driving down the road playing Angry Birds,” State Trooper Paul Blanton told the Courier Journal in 2015. “We can say, ‘Hey, it looked like you were texting.’ And the person can say, ‘Well, I wasn’t. I was looking up a number.’ ”

Previous attempts by lawmakers to toughen the law to make all casual use of a phone while driving in Kentucky illegal have repeatedly failed.

“A lot of your more conservative representatives and senators are against this type of legislation. They feel it’s too regulatory,” Bill Bell, head of the Kentucky Office of Highway Safety, said. “But my argument is, we’re talking about highway safety.”

The Danger of Distracted Driving to Highway Safety

Driver distraction is a leading contributor to crashes in Kentucky and across the U.S. Nearly 80 percent of crashes involve some form of distraction within three seconds before the incident, according to the Kentucky Office of Highway Safety.

Driver distraction occurs when drivers divert their attention from the task of driving to focus on some other activity. Discussions regarding distracted driving often focus on cell phone use and texting. But distracted driving also includes other activities, such as eating, talking to passengers or adjusting the radio or climate controls.

A distraction-affected crash is any crash in which a driver was identified as distracted at the time of the crash, the National Highway Traffic Safety Administration (NHTSA) says.

The NHTSA said that in 2017, there were 3,166 people killed in motor vehicle crashes involving distracted drivers nationwide. There were 599 pedestrians, bicyclists and other killed in distraction-related crashes.

Six percent of all drivers involved in fatal crashes were reported as distracted at the time of the crashes. Eight percent of drivers 15 to 19 years old involved in fatal crashes were reported as distracted. This age group has the largest proportion of drivers who were distracted at the time of the fatal crashes they were involved in, the NHTSA says.

Preliminary figures show there were 734 motor vehicle fatalities in Kentucky in 2019, compared to 724 in 2018, the Kentucky Transportation Cabinet’s Office of Highway Safety said. If 6 percent of drivers in 734 fatal motor vehicle accidents were distracted, that would be 44 distracted drivers.

Injured In An Accident By a Distracted Driver? Act Now

If you have been injured in a car accident that may have been caused by a distracted driver, you should seek legal help immediately. An experienced distracted driving accident attorney can investigate the accident to determine whether distracted driving was a contributing factor to the crash.

You may be entitled to seek compensation for your medical bills, damage to your vehicle, lost wages as you recover, pain and suffering and any long-lasting disabilities resulting from the collision. But insurance companies try to pay out as little as possible after an accident.

At Morgan, Collins, Yeast & Salyer, our car accident attorneys have the Kentucky Courage™ to stand up to insurance companies and demand justice. We have helped many Kentuckians pursue full and fair compensation for their losses in car accidents. We want to help you, too. Contact us today if you or a loved one is the victim of a distracted driver in Kentucky.

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Monday, March 2, 2020

Job Status with Kentucky Workers’ Comp

What Happens to My Kentucky Workers’ Comp Claim If I Quit My Job?

Many injured workers receiving Kentucky workers’ compensation benefits feel as if they are in a state of limbo. They are following their doctors’ orders and doing everything they can to recover so they’ll be declared fit for a job that they know they can no longer handle. Yet they are afraid that if they quit their employment, it will jeopardize their workers’ comp benefits.

If you are entitled to workers’ comp for a workplace injury or illness, your change in job status does not change that eligibility for medical care. You may quit your job if necessary. You should still have access to medical care through workers’ comp benefits if the doctor determines you need treatment. Having said that, it’s a good idea to consult with a knowledgeable workers’ compensation attorney about your options before handing in your notice. A conversation with an attorney can help you understand your rights and avoid unexpected issues.

In Kentucky, contact an experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer for a free consultation. We can explain your rights and work to protect them if you have a disputed claim. We’ll give you the Kentucky Courage you need.

Working While Receiving KY Workers’ Comp

 

working on the job with an open workers' comp case

In many workers’ comp cases, an injured worker recovers enough to return to light duty, but still needs additional medical treatment, such as rehab, for a full recovery. Under Kentucky workers’ comp rules, the employer can assign the worker to light duty at a lower rate of pay, which reduces the employee’s wage replacement benefits.

Leaving a job voluntarily can cause issues for a pending workers’ compensation claim. Any employer or insurance administrator may argue that the employer should not have legal responsibility for someone who no longer works for the company and has no intention of doing so again. After all, the point of workers’ compensation is to assist employees financially as they work to regain their health and resume their job duties.

You can expect wage replacement benefits to be terminated if you quit your job. If the employer is not obligated to pay you wages, then it stands to reason that the employer does not have to pay wage replacement benefits. In some cases, if your new job pays less than even the light-duty work offered by your old employer, an experienced workers’ comp attorney could help you recover some benefit to make up the difference.

Your ongoing medical needs should still be covered under your workers’ comp claim even if you quit your job. If your employer is disputing your right to workers’ compensation benefits, seek the sound guidance of our Kentucky workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer.

 

Keeping Workers’ Comp Medical Benefits After Quitting a Job

Kentucky workers’ compensation law requires most employers to carry workers’ comp insurance and pay for reasonable and necessary medical care required to recover from an injury suffered on the job.

As long as the employee is seeing the assigned doctor and following doctor’s orders, all medical expenses should be fully covered. This includes all costs pertaining to the workplace accident, such as prescriptions, travel to medical appointments, diagnostic tests, and medical procedures.

If you resign from your job in the middle of your medical treatment paid by workers’ compensation, you should still receive medical benefits as long as the doctor determines you still need treatment. Medical benefits are “portable.” But temporary and permanent disability benefits to replace lost wages will be adversely affected.

There are strategies to consider prior to quitting your employment. In some situations, it may be beneficial to seek a lump-sum settlement of your workers’ compensation claim. This would be negotiated based on a percentage of your permanent partial disability (PPD). Your employer might even be agreeable to the idea of writing one check and being done with it.

It’s helpful to consult with an experienced Kentucky workers’ comp lawyer to discuss your options and whether seeking a lump sum settlement may be appropriate in your case. After determining the best approach, your attorney may be able to negotiate with the workers’ compensation benefits administrator on your behalf.

In the best-case scenario, an injured employee should reach “maximum medical improvement” from the workplace injury and be released from a doctor’s care before leaving a job. That way, all medical expenses should have been billed.

Secondly, you should not quit your job if you do not have another one lined up or have another source of income to sustain you.

Third, to reiterate, your disability/wage replacement benefits will cease as soon as you quit your job. For additional information, please see an overview of Kentucky workers’ compensation law.

Contact a Lexington, KY, Workers’ Comp Attorney Today

If you have been seriously injured on the job, your future may depend on the workers’ compensation benefits you receive. They may affect your quality of life for years to come. Never accept an employer’s denial or discontinuation of your worker’s compensation benefits as the final decision without having a qualified workers’ comp lawyer review your right to benefits.

If we believe you have a valid claim, our experienced workers’ comp attorneys will fight for your rights as if you’re a member of our family. We’ll focus on the maximum amount of benefits available under the law. You have rights under Kentucky workers’ compensation law, including the right to quit your job and still receive medical benefits.

Don’t take on your employer’s workers’ comp insurance company by yourself. Contact us now to schedule your free consultation at one of seven locations across Kentucky.

Contact a workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer in Kentucky for help right away.

Free consultation with the team at Morgan, Collins, Yeast, & Salyer

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