Common Construction Worker Injuries in Lexington

The U.S. Occupational Safety and Health Administration (OSHA) describes the construction industry as a “high hazard industry” that may expose workers to such dangers as falling from rooftops, being struck by heavy equipment, electrocutions, and more.

Construction site accidents are usually caused by unsafe working conditions, faulty equipment, lack of safety precautions, or human error.

The U.S. Bureau of Labor Statistics says there were 2,900 nonfatal occupational injuries and illnesses in the construction industry in Kentucky in 2019. Of these, 1,700 injuries and illnesses required days away from work, a job transfer, or restricted job duties.

More recently, Kentucky work safety inspectors conducted 61 inspections and issued 167 citations and $621,220 in fines for OSHA construction standards violations from October 2020 through September 2021.

When a construction worker is injured and put out of work, their income disappears, and the medical bills start piling up. However, Kentucky has a system in place to assist workers who cannot work because of workplace injuries.

An injured construction worker who has been hurt on the job may be entitled to workers’ compensation benefits that pay medical bills and a portion of lost wages. If someone other than the worker’s employer caused the accident, the injured worker may be able to seek additional compensation through a personal injury lawsuit.

If you have been injured while working on a Kentucky construction site, an experienced construction injury lawyer at Morgan, Collins, Yeast & Salyer can help you seek the full workplace injury benefits available.

We’ll summon Kentucky Courage and fight for the workers’ comp benefits you are owed. Contact us today for a free legal consultation.

Types of Accidents and Injuries that Occur on Construction Sites

Some of the leading hazards at construction sites include:

• Falls
• Falls on stairways 
• Falls from ladders
• Scaffolding
• Electrical shock, electrocution
• Fires and explosions
• Trench cave-ins
• Motor vehicle accidents, especially back-over accidents
• Highway work zone accidents, construction vehicles hitting workers, 

OSHA says falls consistently account for the greatest number of fatalities in the construction industry. Thirty-two of the 167 Kentucky OSHA citations issued in 2020-2021 were related to violations of fall protection requirements.

Fifteen more were for improper use of ladders and four were for requirements applicable to specific types of scaffolds.

The types of accidents that frequently occur on construction sites lead to such injuries as:

• Head and brain injury
• Broken bones
• Spinal cord injury, including damage that can cause paraplegia or quadriplegia

• Electrocution
• Burns
• Crush injuries
• Suffocation

Many construction site injuries are caused by over-exertion, whether it occurs because of a single incident or from years of wear and tear from lifting, reaching, crouching, awkward body contortions, and vibrations from power tools.

Over-exertion injuries often develop as:

• Back and neck injuries, particularly immobilizing sprains and strains of lower back muscles, tendons, and ligaments, and damage to spinal discs
• Shoulder injuries
• Knee and ankle injuries
• Repetitive motion injury to the hands and wrists

PeopleKeep, a company that arranges employer-funded health benefit plans, or health reimbursement arrangements (HRAs), says as of 2019 the average insured overnight hospital stay costs $11,700. But that’s an average of negotiated costs based on all potential reasons for a night in the hospital.

For example, without insurance, back surgery can cost $25,289, and treating an arm or wrist fracture can cost $21,427, the organization says.

If you are injured on the job, workers’ compensation insurance is supposed to cover these costs, plus replace about two-thirds of your wages while you cannot work. Additional disability payments may be available to a worker who is permanently disabled.

Can You File a Workers’ Compensation Claim?

Workers’ compensation is a no-fault insurance program that most employers in Kentucky are required to provide for their employees. You qualify for benefits if your injury occurred in the course of your employment no matter who caused your injury.

To protect your rights after being injured on the job, you or someone helping you should:

• Report the accident to your employer. Within a week, tell your employer in writing exactly what happened, what you were doing beforehand, when and where you were, and what injury diagnosis you have received.
• Tell your doctor that you were hurt while on the job. If you are to remain out of work, make sure you get an “off work slip” from the doctor. Make a copy and give the original to your employer.
• Follow all of your doctor’s instructions. Failure to do so may be used as evidence that you are not as badly injured as you say and could damage your workers’ compensation claim.

To file a claim, you must complete the Application For Resolution of a Claim – Injury plus several attachments and submit them to the Department of Workers Claims in Frankfort, Kentucky. From there, the process of obtaining benefits gets complex.

If your employer or their insurer disputes your claim, you are at a disadvantage trying to pursue benefits on your own. The Kentucky Labor Cabinet, which administers workers’ compensation, points out that most injured workers hire an attorney to file a claim for them.

Do You Have a Personal Injury Claim?

In exchange for no-fault insurance benefits, workers are generally not allowed to sue their own employers for injuries suffered on the job, even if the employer’s negligence caused the injury. But this immunity only applies to your employer.

If anyone else caused your injury, you may be able to seek compensation from them for the losses that you have sustained.

An injured worker might pursue a third-party personal injury claim involving a:

• Another contractor or subcontractor on a construction site who does not employ the injured worker
• Vendor operating on a job site 
• A motorist whose actions caused an accident, such as recklessly driving a vehicle
• Maintenance company that failed to properly repair equipment that caused an injury
• A manufacturer that produced a defective tool responsible for an accident

While workers’ compensation pays medical bills and a portion of lost income, a personal injury claim may seek money for lost wages as well as for pain and suffering and other losses. The specific facts of the accident dictate whether filing a personal injury claim is an option after an accident.

Contact Our KY Construction Injury Lawyers

A construction worker’s health, strength, and agility are crucial to his or her ability to make a living. If you have been put out of work because of a workplace injury, you should explore whether workers’ compensation benefits are available to you. If someone other than your employer caused your injuries, you may be due additional compensation as well.

Let Morgan, Collins, Yeast & Salyer fight to make sure you receive the benefits and additional compensation you deserve.

When the going gets tough, our attorneys have the Kentucky Courage to fight for justice on behalf of our clients. We also practice Social Security Disability law, so if your injuries qualify you for disability benefits, we can help with that, too.

Contact us online now or phone (877) 809-5352 to schedule your free consultation about the legal assistance we can provide you.

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Injuries on Non-Emergency Medical Transport

Non-emergency medical transportation (NEMT) is a service that many elderly and disabled Kentuckians use to get to doctor appointments and other appointments with health care providers.

Some services offer transportation to job sites and for job training, shopping, and other needs, as well. They often provide lift-equipped vehicles to assist wheelchair users. 

These transportation services, which Medicare or Medicaid often pay for, provide valuable assistance to many Kentucky residents. But NEMTs and their employees have a duty to transport their passengers safely to their destinations. That includes getting passengers in and out of vehicles without harm.

When a NEMT fails to meet its safety obligations and someone is injured because of negligence on the part of the staff, the transportation service may be obligated to pay for an injured passenger’s medical costs and other losses.

An accident that occurs during a NEMT transport can have a serious impact on an elderly or disabled individual’s health and life. The personal injury attorneys at Morgan, Collins, Yeast & Salyer can help by holding a negligent transportation service financially accountable for injuries the service has caused you or your loved one.

What to Expect from a Non-Emergency Medical Transportation Service

The provision of non-emergency medical transportation (NEMT) services to seniors and others who are unable to use other methods of transportation safely is a growing industry in Kentucky.

Passengers ride in large passenger vans or recreational vehicles that have been modified for medical transport of clients who are in wheelchairs or on gurneys.

Clients may be transported to doctor appointments, dialysis, rehab, and other medical care or for other needs that individual services may choose to meet. These services typically operate in rural areas that lack public transportation systems.

NEMT vehicles are typically staffed by a professional driver and an assistant. Longer trips may be staffed by a medical professional such as a nurse or an emergency medical technician (EMT).

A NEMT service may transport one or more clients at a time as well as companions of the service’s elderly or disabled passengers.

In addition to driving a vehicle between clients’ homes and appointment sites, NEMT staff typically:

• Help passengers in and out of vehicles
• Operate a chair lift to load passengers in wheelchairs into and out of vehicles
• Secure passengers with seat and shoulder belts or securements or tie-downs to keep wheelchairs or gurneys in place 
• Walk passengers between vehicles and entrances to medical providers, homes, and pharmacies
• Provide routine medical and personal care assistance on longer trips such as help with medication, toileting, food and drinks, and catheter care. 

Injuries Caused by Non-Emergency Medical Transportation

Staff hired by a non-emergency medical transportation service to transport the elderly and infirm have a duty of care to their clients. The owners of NEMT services have a legal duty to screen, hire, train, and equip staff to ensure that they can maintain the safety of their clients.

When NEMT staff or owners are negligent, a variety of incidents may cause injury to NEMT clients. They may include:

• Slip and fall or trip and fall accidents
• Motor vehicle accidents, including injuries caused or made worse by failure to secure a client’s seatbelt or wheelchair tie-down
• Motor vehicle collisions with clients, including back-over accidents
• Injuries involving a wheelchair lift and/or ramp
• Injury from being hit by a van or RV doors
• Dropping patients who are on gurneys or stretchers
• Exposure to cold or extreme heat within a closed vehicle
• Allowing an individual with cognitive loss to wander off from a secure place
• Violence inflicted upon an unattended client
• Elder abuse which may be physical, emotional, sexual, or financial abuse.

When providing services that require medical monitoring or providing care to a client, medical NEMT staff and the company might be liable for a medical malpractice claim if negligence in the provision of withholding of care led to harm.

How Our KY Personal Injury Attorneys Can Help

If you or a loved one of yours has been harmed because of the negligence on the part of the staff or owners of a non-emergency medical transportation service in Kentucky, you may file a claim and seek compensation for your injuries and losses.

Such legal actions may lead to changes in the operation of the transport service that can prevent other patients from sustaining injuries.

Our experienced team of Kentucky personal injury lawyers can investigate the circumstances of the accident to develop evidence of liability, document the full extent of your injuries, and demand full and fair compensation for you.

Owners of NEMT services realize the company deals with frail clients and that there is a very real possibility of clients being injured while in their care. This means these companies are heavily insured and also strongly represented by lawyers who will argue that a client’s injury was due to their own illness or infirmity.

It is not likely they will admit fault and pay you or your family member what you are owed without a fight, regardless of what really happened.

A Kentucky Courage attorney with Morgan, Collins, Yeast & Salyer can act as an advocate for you and your family member. Our legal team can ensure your loved one’s rights are upheld at all times and will fight to recover the full amount of compensation they deserve.

Contact an Experienced Medical Transport Injury Lawyer

If you suspect that your loved one has been the victim of negligence while in the care of a non-emergency medical transportation service, our Kentucky personal injury lawyers can help you understand the options available to you to pursue compensation.

You may have a right to seek compensation to cover medical costs and other expenses related to your injuries.

At Morgan, Collins, Yeast & Salyer, we are ready to help you fight for justice. Contact us or call us now at (877) 809-5352 for a free and confidential discussion about your legal options.

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Morgan, Collins, Yeast & Salyer Congratulates Sonya Hoskins Gray on Her Appointment as Clay County Magistrate

Morgan, Collins, Yeast & Salyer is pleased to announce that Sonya Hoskins Gray, a long-time member of our Kentucky Courage legal team, has been appointed to serve as a Clay County magistrate.

She was appointed by Gov. Andy Beshear to fill the unexpired term of her father, Price “P.C.” Hoskins who died in September. He had served as the Clay County magistrate for District 2 since 2010. She learned to help and serve others from her father. She sees this as an opportunity to help her community while honoring his legacy.

Sonya works as a case manager in the Manchester office of Morgan, Collins, Yeast & Salyer. She has been with the law firm for 29 years and serves as attorney Roy Collins’s right hand. People who come to our Manchester office with a personal injury claim will get to know Sonya because she makes it a point to get to know them.

Sonya works with clients on a personal level, answering questions, submitting clients’ medical bills for payment by insurers, preparing documents, and handling property damage claims. She tells clients that they will be good friends by the time they are finished working together on a claim.

“I take pride in making friends fast and making friendships last,” she says.

Sonya sees similarities in her job as a legal case manager and her new position as a Clay County magistrate.

“Every person in our world needs help,” she says. “Trying to help people is something I enjoy and take pride in, whether I’m helping them with a car wreck or with getting a road repaired.”

“You have to take time and listen to people and get to know them,” she says.

As a magistrate, Sonya will serve as a member of the Clay County fiscal court which approves budgets, sets policy, hires staff, and leads county government. She is running in the Republican primary in May 2022.

At Morgan, Collins, Yeast & Salyer, we’ve seen Sonya assist many Kentuckians who came to the law firm in need of help. We are confident Sonya will do an outstanding job serving the people of Clay County as a magistrate just as she has done serving clients of Morgan, Collins, Yeast & Salyer for many years.

If you have been seriously injured in a car crash or other accident involving others’ negligence, you need a legal team that has the determination to keep fighting when the odds are against you. The personal injury attorneys at Morgan, Collins, Yeast & Salyer are known for the Kentucky Courage we bring to helping injured people demand the full compensation they need to rebuild their lives after serious accidents. We take pride in helping our fellow Kentuckians. Contact us today.

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Qualifications in Compensating Workers for Permanent Partial Disabilities

The objective of workers’ compensation is to support the injured worker until he or she has recovered and can return to work. Most individuals do recover and return to work, at which time the benefits end. Some workers return to their jobs with permanent impairments as a result of their workplace injuries.

A worker who is able to perform some work but has physical impairments from a work-related injury may be eligible for Permanent Partial Disability (PPD) benefits. PPD benefits are one of the most commonly paid workers’ comp wage-replacement benefits.

Should you be getting PPD for your workplace injury? You may be back at work but coping with pain and physical limitations that qualify for additional benefits. If you have questions about whether you are receiving all of the Kentucky workers’ compensation benefits you deserve, contact a workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer.

Our attorneys are known for bringing Kentucky Courage to stand up and fight for justice for injured workers when the going is tough.

What Is Permanent Partial Disability?

When an injured worker has recovered enough to return to work but still has a permanent impairment, Permanent Partial Disability benefits (PPD) may be available to them. Total Disability Benefits would be available if the person couldn’t work at all or was determined to be totally disabled because of blindness, loss of both hands, or full paralysis.

The term permanent means the worker’s impairment is not expected to improve significantly in the future. However, the word permanent does not describe how long benefits last. Payment for partial disability is usually limited to 425 weeks.

If an employee does not have the physical stamina or capacity to return to the type of work he or she performed at the time of their injury and therefore earns less as a result, their weekly benefit is increased.

Common Injuries That May Lead to PPD Benefits

A wide range of medical conditions may result in permanent loss of mobility, dexterity, other physical abilities or cognitive abilities, or in debilitating psychological issues.

Injuries that may lead to PPD, among them are:

• Back injuries. Lower back injuries are by far the most common work-related cause of chronic pain that limits mobility
• Repetitive strain injury (RSI), from wear and tear affecting muscles, nerves, ligaments, and tendons
• Traumatic brain injury (TBI), which may cause physical, cognitive, and/or psychological impairment
• Carpal tunnel syndrome and similar repetitive motion injuries to the hands and wrists
• Loss of body parts
• Hearing loss
• Loss of vision (in one eye)
• Knee injury
• Respiratory illness
• Post-traumatic stress disorder (PTSD)

How Does a Doctor Determine Lost Function or Permanent Partial Disability?

When a patient receiving workers’ compensation reaches a state of maximum medical improvement, the doctor either certifies the patient as fully recovered or assigns the patient a permanent impairment rating.

A permanent impairment rating is a measurement of the patient’s whole-body functional impairment caused by injury or occupational disease. It is expressed as a percentage of impairment.

Physicians must use the American Medical Association’s Guides to the Evaluation of Permanent Impairment to assess the patient and rate their permanent loss of function. The guide provides assessment tools and a rigorous methodology that are designed to enable fair and consistent evaluations.

The number of weekly PPD payments that the worker will receive depends on the disability rating, the worker’s income, and other factors. With a permanent disability rating of 50% or less, benefit payments will last for 425 weeks (more than eight years). But a permanent disability rating greater than 50% will earn benefits for 520 weeks (10 years).

The patient’s impairment rating is multiplied by a factor, a number, to establish the “permanent disability rating.” A chart established by law matches ranges of impairment ratings with specific multipliers (factors).

For example, impairment ratings of 21-25% are multiplied by a factor of 1.15. A worker with a 20% impairment rating would therefore have a disability rating of 23% (20 x 1.15 = 23) and be provided benefits for 425 weeks.

Impairment ratings of 31-35% are multiplied by a factor of 1.50, so a 34% impairment rating is the lowest that could qualify for 520 weeks of benefits (34 x 1.5 = 51). Impairment ratings of 36% and higher are multiplied by a factor of 1.70.

The calculations of permanent partial disability are complicated. A qualified workers’ compensation attorney can make sure you are receiving the full benefits available by law.

How to Determine Permanent Partial Disability Benefits in Kentucky

Actual PPD payments begin with a benefit based on two-thirds of the worker’s weekly wages prior to the injury. So, two-thirds of a weekly wage of $750 is $500.

Multiply that by an impairment rating of 20% and you have $100. Multiply that figure by a factor of 1.0 applied to impairment ratings of 11-20%, and the benefit is $100 per week.

But with an impairment rating of 21%, the $500 yields a $105 base benefit, which would be multiplied by a factor of 1.15 to become $120.75 per week, or an extra $8,818.75 in benefits ($20.75 over 425 weeks).

That’s how much your physician-assigned impairment rating matters.

At this point, additional multipliers may be applied to the benefit. The law recognizes that an injured worker who cannot return to work needs more assistance than someone who can resume earning a living. Therefore, the benefit derived above would be multiplied by 3 for a worker who could not return to the type of work he or she performed at the time of injury.

If the employee returns to work for pay equal to or greater than what they earned pre-injury, no multiplier will be added. But if at some point there is an interruption in that employment, the weekly benefit will be multiplied by 2 during the period of unemployment.

For injuries occurring on or after July 14, 2000, if the employee lacks the physical capacity to return to the same type of work, multipliers will be applied to their benefit according to the worker’s education level and age if they are 50 years or older.

Contact Our KY Workers’ Compensation Attorneys

As you can see, Kentucky workers’ compensation rules are complex and the differences in one decision or another can prove very costly to you. If you have questions about a lingering occupational injury and the correct amount of permanent partial disability benefits that you should receive, contact a workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer today. Meet with us for a free discussion of how we can maximize your KY workers’ comp benefit. Phone us at (877) 809-5352 or contact us online today.

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Getting Compensation for Property Damage Caused by a Car Accident

Kentucky law allows you to seek payment for property damage that occurs in a car crash caused by another motorist. Typically, this is compensation for the cost of repairing or replacing your motor vehicle. But you may also seek reimbursement for other property losses, such as items in the car that were damaged such as a laptop computer or a pet, or for damage to your home caused by a car hitting it.

If you or a family member has been in a car accident that has resulted in substantial property damage, call a Morgan, Collins, Yeast & Salyer car accident lawyer in Lexington or one of our other Kentucky locations to review the details. We’ll be straightforward about whether we can help you. If so, we’ll demand full payment for your property damage as part of the maximum compensation we seek for you in a car accident claim.

What is Considered Property Damage in an Auto Accident Claim?

The main type of property damage we think of in a car accident claim is vehicle damage. Even a fender-bender can result in several thousands of dollars worth of property damage to a passenger vehicle. You may also seek compensation for any personal or real property damaged or destroyed if you can establish:

• It was damaged in the car accident.
• The value lost due to the damage and/or the cost to recover the loss through repair or replacement.

If you have to repair your car after an accident caused by another motorist, you may be able to recover compensation from the at-fault driver’s insurance to cover the repair bills. If the insurance company declared your vehicle a total loss, you should be eligible to receive the compensation necessary to buy a comparable vehicle.

If your pet was injured, you should be able to present veterinary bills to establish your costs due to your pet’s injury. Pets are considered property. Any other significant property damage may also be compensable if you can show the cost to replace it or have it repaired.

Frequently Asked Questions About Property Damage Claims

What should I do after a car accident?

Documentation of the property damage is key to recovering the compensation you are due after a car accident. The police accident report may identify the vehicle damage. Keep copies of any document related to your costs and losses in the accident, starting with vehicle towing costs. Property damage costs are easily quantified on bills, receipts, or estimates.

In most cases, the automotive insurance carrier will ask you to get estimates for the cost to repair your vehicle. You should get at least three estimates, preferably from high-quality repair shops. You need to comply with the insurer’s instructions for filing a claim, but do not sign or record any statements about the accident. You could be signing away your right to compensation.

If the insurance adjuster decides that your car is not worth repairing, the insurer should write you a check for your car’s actual cash value (ACV). If your insurer pays for your vehicle damage, your insurer would then seek reimbursement from the at-fault driver’s insurer. The ACV should be based on your car’s Kelley Blue Book value and data about car sales in your area, minus any damage that existed before the accident. You should establish the Kelly Blue Book value of your car. If your car had any upgrades, such as a custom paint job or upgraded aftermarket parts, you should document them and their value as part of your claim.

What damages am I entitled to recover?

Your property damage claim should include any losses you can document due to damage to or destruction of personal or real property caused by the car accident. You may claim costs for:

• Use of original equipment manufactured parts in your vehicle’s repairs. Insist upon the same quality and type of parts that were on your car before it was damaged
• Rental car or public transportation, taxis, or ride-shares while your car is unavailable.

Am I entitled to a rental car?

Yes, if it will be some time before your vehicle is repaired, you may rent a car and include the rental car costs as part of your claim. If your injuries prevent you from driving, you may seek reimbursement for reasonable transportation costs, such as travel to doctor appointments. Reasonable cost means taking public transportation, taxis, or ride-shares, as they are available.

What if the driver who caused the accident is uninsured?

In Kentucky, insurers must offer uninsured/underinsured motorist (UM/UIM) coverage as part of the auto liability insurance policy. Car owners can decline UM/UIM coverage, but that is a mistake. UM/UIM coverage is what a policyholder would turn to if the driver who caused your car accident has no auto insurance or too little insurance to cover all your losses. If the at-fault driver carried the minimum insurance required in Kentucky and it did not pay for all your damages, your UM/UIM coverage would provide compensation to make up the difference.

Minimum liability coverage in Kentucky, which most car owners buy, pays $25,000 for all property damage as a result of any one accident. UM/UIM coverage is typically equivalent to your liability coverage.

Contact a Car Accident Lawyer About Property Damages in KY

There are many tactics an insurance company may use to pay you less than you are due for property damage in a car accident. The adjuster might declare your repairable car totaled if it is an older model with less actual cash value (ACV), for example. The company may tell you that your personal or real property damaged by a car crash isn’t covered. An experienced Kentucky car accident lawyer can help make sure you get the full insurance settlement you deserve after a car accident.

At Morgan, Collins, Yeast & Salyer, we know what Kentucky insurance law allows and what obligations it puts on insurance providers. We also have access to information about car values in the Kentucky market and can review any settlement offered for a totaled car. Contact us in Lexington today for a free meeting about handling your car accident claim and/or reviewing the settlement offer you have received. Phone (877) 809-5352 or reach out online now.

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Watch Out for The Hidden Dangers of Big Trucks

American auto buyers love pickup trucks. Full-sized pickups are especially popular, outselling both compact and midsize trucks and accounting for 79 percent of the pickup truck market. These large vehicles make up roughly 20 percent of all new vehicles sold in the U.S.

Unfortunately, the large size of many newer full-sized and heavy-duty pickup trucks makes them extremely dangerous in collisions with smaller vehicles and pedestrians, according to Consumer Reports.

If you were injured in an accident caused by a truck driver, don’t hesitate to talk to an experienced truck accident attorney at Morgan, Collins, Yeast & Salyer. Our attorneys can review the specifics of the accident and explore your options for seeking compensation to cover your medical expenses, lost wages, and more. For a free case review with a compassionate truck accident attorney, call us today at (877) 809-5352 or contact us online.

Our attorneys have the Kentucky Courage to stand up to big insurance companies and fight for what is right for you.

A Major Safety Concern – Truck Blind Spots

While American drivers traveled fewer miles overall in 2020, there was an eight percent increase in the rate of fatalities and serious injuries from the previous year. Many factors contributed to this increase. Recent research suggests that the growing proportions of modern pickup trucks in the U.S. may be a significant factor.

According to GM spokespeople, today’s buyers want larger pickup trucks because they provide greater ground clearance for off-road driving, more towing capacity, and more storage space. Spokespeople from both GM and Ford also say more powerful trucks require larger grilles to allow for superior engine cooling for towing.

However, the height and long hoods of modern pickup trucks create large blind spots, which can make it difficult for pickup drivers to see smaller vehicles or pedestrians such as small children in front of the vehicle. New full-sized trucks have front blind spots that are on average 11 feet longer than sedans and 7 feet longer than SUVs, according to an industry analysis by Consumer Reports.

The average hood height of modern pickup trucks has increased by roughly 11 percent since 2000. Some of today’s heavy-duty pickups have hoods just as tall or taller than the roofs of smaller cars. The weight of new pickup trucks also increased by an average of 24 percent between 2000 and 2018. Many newer full-sized pickups exceed 4,000 pounds.

Where Are These Blind Spots?

Drivers of today’s big pickup trucks must contend with the wider blind spots that make it difficult to see other road users:

• In the front – Big pickup trucks are tall vehicles with long hoods to accommodate large, high-capacity engines. When pickup drivers run into other road users in their front blind spots, the resulting “front over” collisions can leave victims with serious or fatal injuries. Research shows the majority of all fatal frontover collisions involve pickup trucks, vans, and SUVs. A rollover accident may occur in a driveway as the driver is maneuvering the pickup. Small children are especially at risk of frontover accidents.
• Along each side – Large pickups have large side mirrors, but mirrors alone aren’t always enough to cover blind spots. A big pickup truck has significant blind spots along each side of the truck’s cab, just behind and to the side of the cab doors.
• To the rear – If pickup drivers are towing trailers or driving with toppers or camper shells, rear visibility may be restricted. Even when a pickup truck bed is completely clear, the height of the tailgate can still obstruct a driver’s view for several feet to the rear.

Deadly Truck Dimensions

When modern pickup trucks collide with pedestrians, the tall hood and high bumper of the truck are more likely to cause serious injuries than the front of a smaller vehicle. The points of impact in a rollover pedestrian accident can result in direct trauma to a pedestrian’s head, chest, abdomen, and pelvis. Big pickups are also more likely to knock pedestrians to the ground and run them over.

Large vehicles such as big pickups generally do not perform well in handling or braking safety trials. When a big pickup truck collides with a smaller vehicle, the driver of the smaller vehicle is 1.59 times more likely to die than they would be in a crash that didn’t involve a pickup truck.

Another Risk Factor – Fatigued Truck Drivers

Big blind spots and massive frames are not the only risk factors in pickup truck accidents. Many modern drivers are dangerously fatigued on public roads. According to the Centers for Disease Control and Prevention (CDC), drowsy driving can be just as hazardous as drunk driving.

Studies suggest that just 18 hours of sleep deprivation can have the same cognitive effects as a blood alcohol content (BAC) of 0.05%. After 24 hours of sleep deprivation, drivers can have cognitive impairments equal to those experienced by drivers who are legally intoxicated.

Fatigued truck drivers are significantly more likely to cause serious accidents. Drowsy drivers can have delayed reaction times, drift out of designated lanes, follow dangerously close behind other vehicles, or even veer off the road entirely.

Truck Accident Statistics

In 2020, the National Highway Traffic Safety Administration (NHTSA) released the following pickup accident statistics:

• In 2019, pickup truck occupants accounted for 28 percent of overall traffic fatalities, a number that was 30 percent in 2010. Pedestrians and other nonoccupants made up 20 percent of traffic fatalities in 2019, a number that was 15 percent in 2010.
• There were 19 more light-truck occupant fatalities in 2019 accidents compared to the previous year, an increase of 0.2 percent.
• There were 2,000 more pickup truck occupant injuries in 2019 accidents than there were in 2018, an 0.8 percent increase.

Contact a Truck Accident Attorney Today

At Morgan, Collins, Yeast & Salyer, our dedicated truck accident attorneys are available 24 hours a day, seven days a week to address your needs. When you hire us to represent you in a personal injury accident claim, you will work with a knowledgeable attorney who can explore all of your legal options.

To discuss the details of your Lexington, Kentucky pickup truck accident case, call us now at (877) 809-5352 or contact us online for your free initial consultation.

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What to Do After a Hit-and-Run Accident in Lexington

As scary and frustrating as any car accident may be, being injured by a hit-and-run driver is even worse. The hit-and-run accident victim may feel as if he or she has nowhere to turn.

Car accidents in which the driver leaves the accident scene with the intent of evading responsibility happen frequently in Kentucky. According to KY State Police statistics, there were 12,682 hit-and-run collisions in Kentucky in 2018, equating to 34 crashes every day. In Lexington, WTVQ has run nearly a dozen TV reports of hit-and-run deaths, injuries, and arrests since the first of the year.

You are not alone if you have been injured by a hit-and-run driver in Lexington, Kentucky. There are steps you can take to seek compensation for your losses and possibly to find and hold the at-fault driver accountable. The Lexington car accident attorneys at Morgan, Collins, Yeast & Salyer can provide the legal guidance you need if you’ve been injured by a hit-and-run driver. Please phone us at (877) 809-5352 or contact us online to schedule your free consultation.

Steps to Take After a Hit-and-Run Collision

After a car accident, the first thing to do is assess your injuries, and check on others if you can. If there are injuries, phone 911 and request an ambulance as well as police assistance.

If you are able, you should then try to document the hit-and-run accident:

• Take photos of your vehicle and its damage, the location of the crash, and anything else that may help illustrate what happened. Take a photo of your injuries.
• Ask any bystanders or other drivers who stopped whether they saw the accident and gather their contact information. If they are cooperative, make a video of the witnesses describing what they saw.
• Record anything you remember about the car and/or driver who hit you, especially if you caught the license plate number or can describe the car. Make a recording on your phone or write it down. Do it promptly.
• Cooperate with police when they arrive. Ask how to obtain a copy of the accident report.
• See a doctor within 24 hours for an evaluation if you do not go to the hospital in an ambulance. This will ensure that you receive care for your injuries, including potentially dangerous closed head injuries that may not exhibit symptoms right away. A doctor’s report documents your injuries and how they occurred.
• Report the accident to your auto insurance carrier. If the hit-and-run driver is not identified and apprehended, then you may need to file a claim against your uninsured motorist insurance for coverage of the accident. You should have uninsured motorist coverage unless you have specifically declined it. Your insurance company should tell you what information is needed to process your claim and what to expect during the claims process.

You should also contact a car accident lawyer. The attorneys at Morgan, Collins, Yeast & Salyer, help victims of hit-and-run accidents recover compensation that the law says they deserve. We investigate to find out who is responsible for car accidents, and we hold them and their insurers accountable. Our attorneys understand how insurance companies work and have the knowledge, resources, and Kentucky Courage to fight for full compensation to our clients.

Insurance Implications After a Hit-and-Run

After most car accidents, the at-fault driver is held responsible, and the driver’s auto liability insurance compensates those who have been harmed. In Kentucky, all motor vehicle owners are required to carry auto liability insurance that provides at least:

• $25,000 for all claims for bodily injury damages sustained by any one person
• $50,000 for all bodily injury damages sustained by all persons as a result of an accident
• $25,000 for all property damage as a result of any one accident.

Kentucky also requires car and truck owners to obtain auto insurance that provides basic reparations benefits, or BRB for medical costs and loss of income. In other states, this insurance is known as personal injury protection or PIP. This is no-fault insurance, meaning it pays benefits to the policyholder, regardless of who caused a car accident.

Kentucky BRB benefits pay up to $10,000, which may be paid for specific economic losses due to injuries or death in a car accident, including:

• Medical expenses
• Work loss
• Replacement services costs, i.e., paying others for tasks the injured would have performed.

A third type of insurance, uninsured/underinsured motorist (UM/UIM) coverage, must be offered to vehicle owners in Kentucky. A policyholder draws on this coverage when the at-fault driver in an accident is uninsured or has too little liability coverage, It also covers hit-and-run accidents.

If you have UM/UIM coverage, it is typically equivalent to your liability coverage.

Contact a Hit-and-Run Accident Lawyer

The best way to recover a proper insurance payout after a car accident involving significant injuries is to retain the assistance of an experienced personal injury lawyer. This is particularly crucial if you have been seriously injured, which means your costs and losses will be expensive. Insurers are reluctant to make full payment on car accident claims. If you are badly injured it will be difficult to fight for yourself.

The attorneys at Morgan, Collins, Yeast & Salyer can handle your hit-and-run accident claim from start to finish. We’ll investigate the accident independently and stay on top of the police investigation to find the hit-and-run driver. Meanwhile, we’ll prepare a full accounting of your injuries and losses and demand full payment from all responsible insurance carriers.

Let Morgan, Collins, Yeast & Salyer review the circumstances of the accident and your injuries at no charge before you accept anything from an insurance company. If you have already received a settlement offer, we’ll review it and tell you whether we think we can do better for you – at no charge.

We know what it takes to pick up the pieces after a devastating car accident, especially one caused by a hit-and-run driver. It takes Kentucky Courage to keep pushing for justice. At Morgan, Collins, Yeast & Salyer, we’ll provide the Kentucky Courage you need to get through this tough time.

Please contact us now to get the legal help you need. Schedule your free consultation.

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Bike Helmet Giveaway at Clay County Off-Road 1st Annual Elk Mountain Fall Festival

Clay County Off-Road, a non-profit group of all-terrain vehicle enthusiasts, has organized the 1^st Annual Elk Mountain Fall Festival to be held Oct. 22-23 at the Clay-Leslie Industrial Park. The goal of the group is to develop more off-road riding opportunities to attract more tourists to the Clay County area.

The family friendly event kicks off on Friday night with Movies on the Mountain.  The film Hocus Pocus will start at dusk, followed by the original Halloween at 10 p.m.  The Clay County middle school cheerleaders are selling popcorn and drinks as a fundraiser.  Various other school groups and teams are volunteering to help as well.

On Saturday, the festival continues with a benefit ride for Dale Lee, a cancer patient, with all proceeds going directly to him.   Registration is from 9 a.m. to 10 a.m. with the ride leaving at 10 a.m.

Throughout the day, there will be pumpkin decorating, inflatables, a petting zoo, costume contests, face painting, a battery-operated car, truck, or ATV race,  a hayride, vendors, and food trucks.

Trunk or Treat will begin at 5 p.m, followed by a costume contest at 6 p.m. and the best decorated ATV award at 7.  The Haunted Forest will begin at dark and is being presented by the Clay County Baseball team.

Glenda Hubbard, a paralegal at Morgan, Collins, Yeast & Salyer, is one of the founding members of the Clay County Off-Road ATV group. The group is collecting donated cash prizes and bicycles to give to children and has collected more than 25 bikes so far!

Roy Collins, the managing partner of Morgan, Collins, Yeast & Salyer, PLLC, has pledged to donate a bicycle helmet for each donated bicycle. We are proud to support worthwhile causes and give back to the communities that we serve.

Morgan, Collins, Yeast & Salyer, PLLC is an established Kentucky law firm with multiple offices throughout the Commonwealth. Our attorneys are known for their Kentucky Courage when fighting for the rights of hardworking people who are struggling to overcome serious injuries.

You may have seen our Kentucky Courage ads on television. The attorneys that you see on TV are the same ones you will work with if you contact Morgan, Collins, Yeast & Salyer to handle your case.

It’s important to talk to an attorney as soon as possible if you’ve been injured. We offer free consultations to review your case and discuss the steps available to you. Call (877) 809-5352 to speak to have a personal injury attorney review your case and discuss your legal options. Call today.

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McKinnley Morgan Chairs University of Kentucky Workers’ Comp Institute

Attorney McKinnley Morgan has had the unique opportunity of serving as chairman of the University of Kentucky Rosenberg College of Law Workers Compensation Institute for a number of years including the 23rd annual Workers Compensation Institute conference held in May.

A founding partner of Morgan, Collins, Yeast & Salyer, McKinnley has focused his legal practice primarily on workers’ compensation cases and helping injured workers for 30 years. He has shared his knowledge of Kentucky’s workers’ compensation system as a speaker at numerous legal seminars and conferences focused on issues related to workplace injuries and accidents.

This year, McKinnley chaired the planning committee that organized the two-day program of continuing legal education seminars for attorneys who handle workers’ compensation cases. The program was held at the Campbell House in Lexington.

The Workers’ Compensation Institute is designed as a service for all workers’ compensation attorneys in Kentucky, regardless of their level of experience. The program offers a survey of current issues, court decisions, rule changes, ethics opinions, and other legal topics that are encountered by attorneys on a regular basis.

The annual conference is accredited by the Kentucky Bar Association and provides 12 hours of continuing legal education credits for attorneys to satisfy the requirement for ongoing education.

By volunteering his time with the University of Kentucky Workers Compensation Institute and sharing his knowledge of this area of law, he has contributed to the professional development of members of the Kentucky Bar Association.

McKinnley gave the welcoming address at the opening of the 2021 conference which offered participants the option of attending in person or watching live-streamed video online.

“We worked on developing good programs that were not only updates of the law, but also focused on making those who attended better practitioners,” McKinnley says. “We brought in doctors to discuss surgeries being performed to address workplace injuries that we see on a frequent basis.”

The program is designed to address issues of interest to both worker’s compensation plaintiffs’ attorneys and defense attorneys. The seminars at the 2021 conference covered topics such as occupational exposure cases, review of worker’s compensation case law decisions, Kentucky workers’ compensation regulatory updates, legal ethics in workers’ compensation practice, mental-physical claims, and an evidence refresher for workers’ compensation practitioners.

“You are seeing a lot of diversity in what is being presented,” McKinnley said.

The Workers Compensation Institute coincided with the Kentucky Workers’ Compensation Hall of Fame Awards Dinner. The Hall of Fame recognizes not only attorneys but doctors, court reporters, and administrative law judges who have worked in the area of workers’ compensation law in Kentucky for a number of years.

After a number of years chairing the Institute, McKinnley is handing over the duties of chairing the annual conference to Gerald Vanover, Jr., of Morgan, Collins, Yeast & Salyer.

Gerald is also a graduate of the University of Kentucky College of Law and has presented numerous seminars at Kentucky Workers’ Compensation conferences. He and a workers’ compensation defense attorney will co-chair the 2022 Workers Compensation Institute which is scheduled for April 14-15, 2022.

For more information about Morgan, Collins, Yeast & Salyer attorneys, Contact us today at (877) 959-5309.

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Two Kentucky Courage Attorneys Named to Kentucky Super Lawyers List for 2022

The law firm of Morgan, Collins, Yeast & Salyer is pleased to announce that partners Roy Collins and Kyle R. Salyer have been selected to the 2022 Kentucky Super Lawyers list.

Super Lawyers is a legal rating service that recognizes attorneys who have attained a high degree of professional achievement and peer recognition. Every year, Super Lawyers compiles lists of each state’s top attorneys in more than 70 practice areas. No more than 5 percent of the lawyers in a state are selected for recognition.

Despite the competitiveness of the selection process, both Roy Collins and Kyle Salyer have been listed by Super Lawyers multiple years in a row.

Roy Collins is recognized by Super Lawyers as a Top Rated Personal Injury Attorney in Manchester, Kentucky. He appears on the Kentucky Super Lawyers list for the fifth year in a row.

Attorney Kyle Salyer is recognized by Super Lawyers as a Top Rated Personal Injury Attorney in Paintsville, Kentucky. He has been selected to the Super Lawyers list each year from 2019 to 2022.

What is the Super Lawyers Award?

Super Lawyers selects outstanding attorneys in each state through a patented multiphase selection process for recognition in its publications. The Peer nominations and evaluations are combined with third-party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The selections are made on an annual, state-by-state basis. The result is a credible, comprehensive, and diverse list of accomplished attorneys.

The Super Lawyers lists are published in Super Lawyers Magazine and in leading city and regional magazines.

Roy Collins has been with Morgan, Collins, Yeast & Salyer since 2000 and is the managing partner of the law firm. Since joining the law firm, he has devoted his legal career to helping fellow Kentuckians who are injured in car accidents and other types of accidents caused by the negligence of others. He is a highly regarded trial attorney.

In addition to recognition by Super Lawyers, he has been honored by the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, the National Trial Lawyers Top 100 (Kentucky), and Rue Ratings’ Best Attorneys in America. He is a graduate of the University of Kentucky and the University of Kentucky School of Law.

As an experienced personal injury lawyer, Kyle Salyer handles cases involving defective products, medical malpractice, car accidents, truck accidents, workplace accidents, and slip and fall accidents.

In addition to Super Lawyers, he was named to the Top 40 Under 40 in Kentucky by the National Trial Lawyers Association. He also is a member of the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, the Kentucky Justice Association, and the Christian Trial Lawyers Association. The National Academy of Personal Injury Attorneys selected him as a Top 10 Attorney for his effective legal representation of the injured. He is a graduate of Alice Lloyd College and Valparaiso University Law School.

A well-established Kentucky law firm, Morgan, Collins, Yeast & Salyer, PLLC has multiple offices throughout the state and attorneys who are known for their Kentucky Courage when fighting for the rights of hardworking people who are struggling to overcome serious injuries.

If you have been injured by the carelessness or negligence of someone else, the Kentucky Courage attorneys at Morgan Collins, Yeast & Salyer are ready to help. You may have seen their advertisements on television. The attorneys that you see on TV are the same ones you will work with if you contact Morgan, Collins, Yeast & Salyer to handle their case.

It’s important to speak with an attorney as soon as possible if you’ve been injured. We offer free consultations. Call (877) 809-5352 to speak to have a personal injury attorney review your case and discuss your legal options. Call today.

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Workers’ Comp If You Were Injured on Your First Day at Work

If you have just started a new job, you may not yet understand the full range of benefits your employer provides. But in Kentucky, one thing you can generally count on is that you are covered by workers’ compensation insurance. Most employers in Kentucky are required to provide workers’ compensation benefits for full and part-time employees.

Even if you are injured on the first day of work, your employer’s workers’ compensation insurance coverage extends to you. Anyone who is injured on the job and told they are not eligible for benefits should speak to a workers’ compensation lawyer as soon as possible.

An experienced workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer in Lexington, KY, can help you obtain all of the workers’ compensation benefits you qualify for after a workplace injury. We know KY workers’ comp rules and regulations, and we know how some employers and insurers attempt to avoid their obligations. Contact us today to set up your free consultation.

Who Qualifies for Workers’ Compensation in Kentucky?

Kentucky law requires most businesses with one or more employees to provide workers’ compensation insurance coverage to their employees. This is a group coverage plan. Anyone who joins the group by being employed is automatically covered. Every employer in Kentucky must display proof of workers’ comp coverage at their office.

Under Kentucky workers’ comp laws, certain employees are exempt from coverage, including:

• Anyone employed in agriculture
• Domestic workers employed in a private home with fewer than two regularly employed workers
• Anyone employed temporarily as a handyman to do remodeling, maintenance, repair, or similar work in a home
• Members of a religious sect or organization that opposes insurance benefits
• Any person working in return for aid or sustenance for a religious or charitable organization

Employees can voluntarily reject workers’ compensation coverage by filing a Form 4 Waiver with the Department of Workers’ Claims. But Kentucky law prohibits employers from using Form 4 Waivers as a condition of employment.

Workers’ compensation is a no-fault insurance system. Individuals who are covered do not have to show that someone else was at fault to obtain benefits. An employee who is injured while on the job and is out of work for seven days qualifies for workers’ compensation benefits. You have a right to benefits, even when you get hurt on the first day at work.

Employers are responsible for paying workers’ compensation benefits, usually through insurance companies.

Workers’ comp insurance typically provides payments for:

• Medical costs
• Partial replacement of wages
• Return-to-work services, i.e., rehab, training/education

Workers’ comp insurance also provides specific scheduled benefits for disabling injuries and death benefits to a deceased worker’s immediate family.

What If I’m Injured On My First Day Of Work?

Any time an employee is injured while on the job, the injured worker should report the accident to their supervisor. The company may have a formal process for reporting on-the-job accidents and injuries. An injured employee should follow company policies for reporting an accident and/or injury as closely as possible.

If there is no formal process, be sure to follow up reporting your accident verbally by making a written report. This may be an email to your supervisor with your name, date, time, and what happened to you. This documents the fact that you were hurt and reported it.

You also need to see a doctor right away if you have been injured while on the job. Ask the doctor for a note if he or she says you need to stay home and give it to your employer. Keep a copy of it and all other documents related to your injury.

Filing a workers’ comp claim requires the injured employee to complete and submit an Application for Resolution of a Claim. Your employer may do this but has no legal obligation to do so. The Kentucky Labor Cabinet says on its workers’ compensation web page for injured workers, “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.” A knowledgeable attorney can guide you through the claims process.

If your claim is approved, workers’ comp insurance should pay all of your medical bills related to the accident and about two-thirds of your weekly pay while you cannot work. The wage replacement benefits are known as temporary total disability benefits or TTD. Temporary total disability benefits end when you recover and can return to work or when your physician reports that you have reached maximum medical improvement.

If you have suffered a permanent disability from a workplace injury, you’ll be assigned a permanent impairment rating. The disability rating determines the amount of your permanent partial disability (PPD) or permanent total disability (PTD) payments.

If your claim is denied, there is an appeals process. You have several opportunities to demonstrate that you qualify for benefits. You will need an attorney to navigate the appeals process.

Many workers’ comp claims are denied because of technical errors, paperwork problems an attorney can identify and help you resolve. But if your employer’s insurance company is denying your eligibility for benefits, you need to keep in mind that they deal with the workers’ comp program every day. You need someone on your side of the table who knows the system and can help you present a full and accurate depiction of your injuries and qualification for benefits.

Get the Workers’ Comp Benefits You Deserve

If you are a worker in Kentucky injured on the job, it is very likely that you qualify to receive workers’ compensation benefits. But an employer afraid of higher insurance premiums or an insurer facing a potentially large payout may claim that you don’t qualify for benefits. Speak to a Morgan, Collins, Yeast & Salyer workers’ compensation lawyer to find out what you truly deserve in workers’ compensation benefits and let us help you pursue it.

Don’t take on an insurance company by yourself, and don’t take an insurer’s response of “claim denied” as the final word. Contact us now to schedule your free consultation. We will fight for all the benefits you are due and show them what Kentucky Courage means.

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Workers’ Comp and Cumulative Trauma Injury Costs

Everyone experiences some physical changes as a result of natural aging. But the strenuous physical demands of some jobs can cause workers to experience greater than expected degenerative changes, leading to the need for joint replacement, spinal fusions or other medical procedures.

A Kentucky worker who requires a knee or shoulder replacement or spinal surgery for a degenerative condition may qualify for workers’ compensation benefits including disability payments if their impairment was caused by the cumulative trauma of doing their job.

Some employers and insurers may dispute claims for workers’ comp benefits for cumulative trauma injuries, also known as wear and tear injuries. But workplace injuries that develop gradually over months or years can be just as disabling and serious as injuries from sudden accidents. Cumulative trauma injuries suffered because of job duties or working conditions are recognized by the Kentucky workers’ compensation system as compensable injuries.

The Kentucky workers’ compensation attorneys of Morgan, Collins, Yeast & Salyer have helped many workers obtain benefits for cumulative trauma injuries. We know the law and how to build persuasive cases. If you have questions about whether you may qualify for a workers’ compensation settlement for a cumulative trauma injury, contact us right away. We have the Kentucky Courage to stand up to big insurance companies and fight for you. We can schedule a free initial consultation to discuss your options available to you.

What is a Cumulative Trauma or Wear and Tear Injury?

A cumulative trauma injury or wear and tear is one in which damage to your body accumulates over time as you repeat certain motions and exert yourself to perform your job. The injury is due to excessive wear and tear on muscles, tendons and nerve tissues.

Kentucky’s workers’ compensation law acknowledges injuries caused by repeated stress and strain. At KRS 342.0011, definitions for Chapter 342, Workers’ Compensation, the statute says “Injury is defined as any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment.”

To have a valid claim, you’ll need to have an established medical history including diagnostic tests that show greater than expected degenerative changes in the affected area of the body.  The condition must be related to work activity.

Types of Cumulative Trauma Injuries

A Kentucky worker who has suffered a cumulative trauma or wear and tear injury should not hesitate to explore the availability of workers’ compensation benefits.

Our workers’ comp attorneys at Morgan, Collins, Yeast & Salyer encourage workers to see their family doctor, get diagnostic tests to show the cumulative trauma and get a referral to a surgeon to evaluate whether surgery is needed. When possible, it’s best to take the initial steps while you are still employed.

You may qualify for an impairment rating and workers’ compensation benefits.

The types of conditions that may involve cumulative trauma and qualify an injured worker for workers’ compensation benefits include:

• Shoulder Surgery—Shoulder movement occurs in many work activities including lifting, pushing, pulling, and reaching. Shoulder injuries are common cumulative trauma injuries among workers who lift loads such as warehouse workers, grocery store stockers, and nurses’ assistants. Some injuries require partial or complete replacement of the shoulder ball-and-socket joint.
• Knee Replacement—Jobs that involve a lot of walking or climbing may lead to knee pain and stiffness that limit your mobility or cause you to walk with a limp. You may need a partial or complete knee replacement if you have experienced greater than expected degeneration of the knee joint as a result of your job duties.
• Hip Replacement—Jobs that involve bending, squatting, twisting, crawling, standing for long periods of time, and heavy lifting may put added stress on the hips and lead to a physical impairment requiring a hip replacement. Hip injuries can be caused by repetitive workplace activity.
• Degenerative Discs—Jobs that involve repetitive neck motions, working in awkward positions, or bending put extra stress on the neck and back Degeneration of discs between the vertebrae can put pressure on nerves and cause severe back pain, restricted movement, and loss of function. Spinal fusion surgery may be required to address degenerative discs in the cervical or lumbar region of the back.
• Carpal tunnel Syndrome—This repetitive stress injury involves compression of the median nerve as it passes through the carpal tunnel in the wrist due to inflammation. Jobs that can cause carpal tunnel syndrome include those that combine high force, high repetition, and awkward hand postures such as typing, data entry, assembly line work, meat processing packing, sewing, and cutting.
• De Quervain’s Disease— This injury is caused by excessive friction between the two thumb tendons and the sheath they share. The condition is often diagnosed in buffers/grinders, sewers and cutters, packers, and housekeepers.
• Raynaud’s Syndrome—Also called “vibration white finger” or “hand-arm vibration syndrome,” this condition causes numbness and tingling in the fingers. Ultimately, it leads to loss of sensation and muscle control in the fingers and hands. It is caused by forceful gripping or prolonged use of vibrating tools, such as hand-held power drills, power saws, needle guns, chipping hammers, and rotary hammer drills.
• Rotator Cuff Tendonitis—A rotator cuff injury involves swelling, and tearing of tendons in the shoulder often associated with work that requires the elbow to be in an elevated position for long periods of time, such as while performing overhead tasks.
• Trigger Finger Injury—This is an inflammation of the tendon sheath of a finger that causes the tendon to become locked in the sheath. Often associated with using tools that have handles with hard edges or ridges, or repetitive bending of the fingers with continued forceful gripping of equipment.

Treatment and Costs of Cumulative Trauma Injuries

The typical symptoms of cumulative stress injuries are pain, numbness, loss of motion, and loss of sensation. Treatment tends to escalate according to the intensity of pain or loss and includes combinations of:

• Rest
• Exercise programs to strengthen the tissue and minimize further injury
• Pain management techniques
• Steroid injections
• Braces or splints to immobilize the area
• Surgery (most commonly recommended to relieve the symptoms of carpal tunnel syndrome)

Cumulative trauma injuries cost workers lost income and businesses lost productivity. With serious injuries, workers may no longer be able to handle the physical demands of their former job.

The Kentucky Department of Workers’ Claims reports that in the fiscal year 2019-2020, there were 3,903 new applications for the resolution of claims, which means a disputed claim had to be resolved by an Administrative Law Judge. Among litigated injury claims, the three most common causes of injury were strains (1,433), falls, slips or trips (738), and cumulative trauma (437).

Contact a Cumulative Trauma Injury Attorney Today

Jobs that involve strenuous physical activity can cause cumulative trauma or wear and tear injuries. If you have developed a work-related cumulative trauma injury, you may be entitled to workers’ compensation benefits.

You’ll need the help of an experienced workers’ compensation who will fight for you to receive the full benefits provided by law. If you need help filing a workers’ compensation claim or appealing a denied claim, the Kentucky workers’ comp attorneys at Morgan, Collins, Yeast & Salyer are ready to help you seek the maximum compensation available by law.

Call us now at (877) 809-5352 or contact us online to schedule a free, no-obligation consultation, and put our Kentucky Courage to work for you.

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Where Do the Most Common Slip and Fall Accidents Occur?

Falls are a common form of injury. The National Safety Council says more than 8 million people were treated in emergency rooms for fall-related injuries in 2019, and 39,443 people died in falls at home and at work. The Kentucky Injury Prevention and Research Center (KIPRC) says 303 people in Kentucky died from falls in 2018, and another 11,979 required hospitalization after a fall.

Slip and fall accidents that lead to serious injury can happen anywhere to anyone. The KIPRC’s report published in February 2021 says falls were the leading cause of emergency room visits for nearly every age group except for 18-24-year-olds, for whom falls were exceeded only by motor vehicle accidents.

If your fall happens on someone else’s property, you may be eligible to seek compensation for your medical bills, missed time from work, or more. Property owners have a legal obligation to ensure their buildings and grounds are safe for lawful visitors. If they neglect safety concerns or fail to provide adequate warning of foreseeable hazards, they may be held accountable for slip and fall accidents.

In Lexington, KY, phone (877) 809-5352 to find out how the Kentucky slip and fall lawyers at Morgan, Collins, Yeast & Salyer can help you. An initial consultation is always free.

Most Common Causes of Slip And Fall Accidents

The KIRPC report, Kentucky Injury Indicators 2018, lists unintentional falls that led to fatalities, hospitalizations, and emergency department visits.

Among fatal falls, which happen mostly to the elderly, the most common types of falls reported were:

• Falls on the same level to the floor or ground – 29%
• Falls on or from stairs or steps – 7%
• Falls from furniture or a wheelchair – 5%
• Falls from heights – 4%
• Fall from one level to another – 3%

The nature of most fatal falls (52%) was unspecified.

Falls leading to hospitalization included:

• Falls to the same level from slipping, tripping, or stumbling – 29%
• Falls on stairs – 7%
• Falls from furniture – 6%
• Falls from one level to another – 3%
• Falls from or on a ladder – 2%
• Falls due to ice or snow – 2%
• Falls from a nonmoving wheelchair or nonmotorized scooter – 2%
• Falls from, out of, or through a building or structure – 1%

Falls treated at an emergency room but not requiring hospitalization included:

• Falls to the same level from slipping, tripping, or stumbling – 28%
• Other slipping, tripping, or stumbling falls – 13%
• Falls from or on stairs – 9%
• Falls from furniture – 7%
• Falls from one level to another – 6%
• Falls due to ice or snow – 2%
• Falls from or on a ladder – 2%
• Falls on or from playground equipment – 1%

Unspecified falls (28%) and other falls (3%) also led to ER visits.

In most cases reported, the individual slipped, tripped, and/or fell to the floor or ground. People also fall on stairs and steps, from furniture and ladders, and on ice and snow. Children fall from playground equipment. Falls from heights such as ladders or scaffolds often cause fatal injuries.

Common Places Where Slip and Fall Accidents Occur

You could slip and fall at any time, no matter your age or health. We typically see clients whose slip-and-fall accidents have happened in parking lots or on the premises of:

• Grocery stores, department stores, big-box stores, malls, convenience stores, boutiques, and other retail establishments
• Restaurants
• Motels and hotels, including hotel banquet/meeting facilities
• Banks, government offices and other worksites and office buildings
• Theaters, stadiums, and arenas
• Parks and playgrounds
• Hospitals, doctors’ offices, clinics, and other medical centers
• Apartment and condominium complexes
• Retirement and nursing homes, where residents often fall
• Private homes.

People slip, trip and fall because of:

• Wet and slippery floors caused by spills or tracked-in rain and snow, or by mopping, waxing, buffing.
• Cluttered aisles, floors, and walkways
• Loose carpets, rugs, mats, floorboards, tiles, or paving stones that shift or slide when stepped on
• Tears and holes in carpets, rugs, mats, floorboards, and linoleum that trip people
• Broken or loose stairs, stair treads, or handrails that give way with the weight of users
• Unguarded or unmarked potholes in parking lots or yards
• Poor lighting in walkways, stairwells, or parking garages
• Malfunctioning elevators and escalators that start or stop abruptly or stop misaligned with floors or landings.

What to Do After a Slip and Fall Accident

If you slip or trip and fall and are injured in a public place, such as at a grocery store, an office building, or a theater, you should report the injury to management, orally and in writing. Get the owner’s contact information. You should see a doctor right away. The property owner needs to know about the hazard and your accident, and you need to have your injuries treated. But these contacts also document the fall and injury in case you have a slip-and-fall accident claim.

A slip-and-fall accident claim may be possible if:

• You were injured in a fall on someone else’s property
• You had a legal right to be on the property
• The owner neglected their duty of safety to visitors to their premises
• The harm you suffered is a result of the property owner’s negligence.

An example would be a fall at a grocery store caused by a hazard, such as a broken bottle of juice. If the staff had had reasonable time to discover the spill but had failed to clean it up or post a warning to avoid the spill, then the store may be considered negligent for injuries that occur.

You should document everything you can about a slip-and-fall injury with photos and written notes, receipts from medical visits, and speak to a slip and fall accident attorney. An attorney can advise you and, if there is potential for a claim, move to secure evidence, investigate, and file a claim on your behalf.

Contact a Kentucky Slip and Fall Accident Lawyer

If you have been injured in a fall accident on someone else’s property in Kentucky, contact Morgan, Collins, Yeast & Salyer as soon as possible. Our slip and fall lawyers can assess your potential claim in a free and confidential meeting. If our investigation indicates negligence on the property owner’s part, we’ll press hard for compensation for you.

It takes courage to stand up and say you were wronged by some company’s negligence. Let us back your Kentucky Courage with ours. Contact us now at (877) 809-5352 or online to get started on your claim for compensation you are due today.

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