Common Types of Lift Truck Accidents and How to Avoid Them

Lift trucks, commonly known as forklifts, are specialized industrial vehicles used to lift and move boxes, crates, and pallets of goods over short distances.

In addition to standard forklifts, the category of powered industrial trucks includes order picker machines and electric platform trucks. Forklifts are used around warehouses, loading platforms, cargo bays, and large retail stores.

Although lift trucks are an indispensable tool for transferring heavy cargo, lift trucks require training to operate safely. Depending on the lift truck’s design, the operator may ride on the vehicle or control it while walking beside it.

Each type of industrial truck has certain hazards. Employers are required to ensure that each lift truck operator has completed training and is competent to operate the vehicle.

Lift trucks are a common source of workplace accidents in Kentucky and cause many serious injuries each year.

If you have been injured on the job in a lift truck accident, you may be entitled to workers’ compensation benefits. If you have questions about your legal rights, talk to a knowledgeable workers’ compensation lawyer.

According to the U.S. Bureau of Labor Statistics:

In a recent seven-year span, 614 workers were killed in forklift accidents and about 7,000 workers suffer nonfatal injuries in forklift incidents each year, resulting in days away from work annually.

In a single recent year, there were 74 fatal workplace injuries involving forklifts.
Among workers who suffered nonfatal forklift-related workplace injuries that year, the median number of days away from work was 13.

Common Types of Lift Truck Accidents and How to Prevent Them

Some of the most common types of lift truck accidents in Kentucky workplaces include:

• Forklift rollover accidents – A forklift rollover accident may occur after abrupt changes in a forklift’s center of gravity. A lift truck operator may suffer crush injuries in a rollover accident.
• Pedestrian accidents – Many workers on foot are injured in forklift accidents. Forklifts have a wide rear swing radius and forklift operators may have limited visibility in certain situations. A worker may sustain injuries from being struck by a forklift or by being hit by a falling load. Workers and bystanders should always stand clear of a lift truck in operation.
• Falling load accidents – Falling load accidents occur when forklift operators fail to properly secure their loads or otherwise transport unstable loads.
• Falls from heights accidents – Falls from heights accidents can occur when forklift operators improperly maneuver the vehicles on load platforms, ramps, or loading docks.
• Falling personnel accidents – Workers standing on the forks of a forklift may fall from an elevated height if the forks are raised. Workers should never ride on the forks of a lift truck.
• Operator inexperience accidents – Operators who are unfamiliar with the proper techniques and safety procedures for their forklifts are more likely to cause accidents

To prevent dangerous lift truck accidents, workers and employers should:

• Only operate forklifts after proper training and licensure
• Always use safety restraints when available
• Promptly report any forklift damage or issues
• Use extreme caution when operating a lift truck on inclines or ramps
• Only raise or lower the forks when the lift truck is stationary
• Never exceed the maximum capacity of the lift truck

Contact a Lift Truck Accident Lawyer If You Were Injured on the Job in Kentucky

Have you been injured in a lift truck accident while on the job in Kentucky? You need an attorney with Kentucky Courage to stand up for you if your employer has disputed your workers’ comp claim.

At Morgan, Collins, Yeast & Salyer, our attorneys can help you pursue a workers’ compensation claim, a personal injury claim, or even a disability claim, depending on the circumstances of the accident. Call us today at (877) 809-5352 or contact us online to learn more in a free initial case review.

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The Top Reasons Workers’ Comp Claims Are Denied in Lexington

Has your workers’ compensation claim been denied after you were injured on the job in Lexington? If so, you may be wondering about the reasons for the denial and whether you can do anything about it.

At Morgan, Collins, Yeast & Salyer, we understand the common reasons that workers’ compensation claims are denied. Let our dedicated attorneys help you appeal a disputed claim.

If your claim has been denied, don’t take “No” for an answer. Kentucky Courage means standing up for your rights when the going gets tough. Our Kentucky Courage attorneys are honored to help injured Kentuckians seek the full benefits available to help them recover from serious injuries.

You Missed a Deadline

Employees are required to notify their employers of work-related injuries or illnesses as soon as practical. If you failed to notify your employer in a timely manner, the workers’ comp insurance administrator may have grounds to deny your claim.

You may also be barred from recovering workers’ comp benefits if you miss any of the following deadlines for filing a workers’ comp claim:

• Filing a claim for an injury – For most work-related injuries, you have two years to file a workers’ comp claim. This two-year time limit extends from the date of your injury, or if you have already received benefits, the day of your last benefits payment.
• Filing a claim for a death – If your loved one died from a work-related condition, you generally have two years from the date of their death to file a claim for workers’ compensation death benefits. If their fatal condition was the result of an occupational disease, you have three years from the date of their death.
• Filing a claim for exposure to HIV – If your condition is the result of work-related exposure to the human immunodeficiency virus (HIV), you have five years from the date of exposure to file.
• Filing a claim for cumulative trauma– If your condition is the result of work-related cumulative trauma, such as repetitive motion strain, you generally have two years to file. However, if you do not recognize immediately that your injury or illness is work-related, you have two years from the date of discovery, as long as you file no more than five years after your last exposure.
• Filing a claim for an occupational disease – If your condition is the result of an occupational disease, such as Black Lung, you have three years from the date of your last exposure to file. This time limit can be extended if you do not immediately discover that your condition is work-related, as long as you file within five years of exposure. If your condition is from work-related radiation or asbestos exposure, you have 20 years from the date of your last exposure to file.

Your Condition Doesn’t Meet State Guidelines

Nearly all physical work-related injuries are covered under Kentucky workers’ compensation guidelines. However, when it comes to certain types of invisible injuries, claim denials are more common.

For example, if you develop a medical condition as the result of work-related cumulative trauma, your employer or the insurance company may argue your condition is actually a result of the natural aging process and should not be covered. In this instance, you may need to provide evidence from a medical professional to show your condition is work-related. Our attorneys can help you get a referral to a medical professional who can examine you and offer an opinion about whether your condition is related to your work.

Claims for benefits for psychological injuries can be challenging. Your psychological injury may be denied unless you can prove your psychological condition is directly related to a physical work injury.

Your Condition Is Not Work-Related

Your injury would almost certainly be considered work-related if you were injured while performing your usual job duties at the workplace during normal work hours. However, if you were injured under other circumstances, the employer or insurance administrator may dispute the claim.

For example, your employer or their insurance provider may question whether your condition is work-related if:

• You were injured during unpaid break time
• You were injured at a company non-work event
• You were injured while at a non-work location
• You were injured in the workplace parking lot
• You were injured while breaking company policy
• Your work injury aggravated a pre-existing condition

You may still be entitled to workers’ comp benefits, depending on the circumstances of the injury. But you may need help from an experienced attorney to prove you are entitled to benefits.

You Filed the Claim After You Left Your Job

If you quit your job after sustaining a work-related injury, it may be more difficult to get workers’ comp benefits, even if you are otherwise eligible. Insurance providers are often skeptical when workers file claims after quitting. You will likely need proof that you were injured while working for your previous employer.

If no one else saw your injury occur and you didn’t seek treatment right away, your claim is more likely to be denied. This is especially true if you failed to notify your employer in a timely fashion.

The rules for claiming workers’ comp after leaving a job can be complicated. It’s best to work with a knowledgeable Lexington workers’ comp attorney if you receive a claim denial letter.

How to Appeal a Workers’ Comp Denial in Lexington

If your Lexington workers’ comp claim was denied, you have the right to appeal the decision. The steps involved in filing an appeal include:

• Reviewing your notice of denial – The official denial letter you receive from the Kentucky Department of Workers’ Claims (DWC) should contain the reason for the denial and instructions for filing an appeal.
• Requesting a Benefits Review Conference – You can request an informal Benefits Review Conference with the insurance company to discuss the denial and a possible settlement. Your attorney can attend the conference with you and advocate for you.
• Requesting a hearing with an administrative law judge (ALJ) – If your claim is still denied, you can request a formal hearing before an ALJ, who will make a decision within 60 days of the hearing. A hearing before an administrative law judge is a legal proceeding. You should have a workers’ compensation lawyer representing you at the hearing.
• Filing a Petition for Reconsideration – If the judge denies your claim, you have 14 days from the date of the decision to file a petition asking the judge to reconsider.
• Requesting an appeal with the Workers’ Compensation Board – You can request an appeal with the Workers’ Compensation Board within 30 days of the judge’s decision to deny your claim.
• Requesting an appeal with the Kentucky Court of Appeals – If your claim is denied by the Workers’ Compensation Board, you can appeal your case to the Kentucky Court of Appeals.

Are You Looking for Assistance for a Workers’ Comp Claim in Lexington?

The experienced Lexington lawyers of Morgan, Collins, Yeast & Salyer have years of experience handling all types of workers’ compensation claims, including pursuing appeals when insurers have unfairly denied the claims. If you have a disputed work injury claim, seek the help of a qualified workers’ compensation lawyers. Call us at (877) 809-5352, or contact us online to get started with your free initial consultation.

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What Happens When A Car Accident Claim Exceeds Insurance Limits?

After someone is in a car accident, they may file an insurance claim to recover money to defray the cost of their medical bills, car repairs, and more, depending on the insurance coverage.

A person injured in a crash typically seeks compensation from the at-fault driver’s auto liability insurance. When there is a dispute about liability or about the amount that the insurance company should pay, a car accident claim lawyer at Morgan Collins Yeast & Salyer can help. Our attorneys have the Kentucky Courage to stand up to big insurance companies and demand that our clients receive fair settlements.

Most car owners maintain the minimum amount of auto liability insurance required by law. In Kentucky, the auto liability insurance minimum is $25,000 coverage for all claims for bodily injury sustained by any one person, $50,000 for bodily injury sustained by all persons in an accident, and $25,000 for all property damage in any one accident. Alternatively, a policy with a single limit of $60,000 meets the state’s requirements. 

What happens if a person injured in a car accident that someone else caused has medical bills that exceed what is available from the at-fault driver’s liability insurance?

How Insurance Policy Limits Work

An insurance policy is a binding contract. In exchange for payment of insurance premiums, the insurance carrier assumes financial responsibility for injuries and other losses the insured individual suffers. The policy explains what is covered and how much it will pay.

The typical 25/50/25 auto liability insurance in Kentucky will pay up to $25,000 for medical bills incurred by an individual who is in an accident caused by the policyholder. If you or your attorney submit substantiated demands for $30,000 in damages for bodily injuries suffered in a car accident, the most you can expect the insurer to pay is $25,000. If you do not have an attorney fighting for a just settlement, the insurer will likely offer less than the maximum amount.

There may be other sources of compensation for your losses in a car accident.

What Happens When a Car Accident Claim Exceeds Insurance Policy Limits?

Once you have recovered all money available from an at-fault driver’s liability policy, there are several other sources of compensation an attorney may help you tap. Among the most promising are:

• Underinsured Motorist Insurance. Uninsured/underinsured motorist insurance is an optional coverage that the injured individual may have and may have overlooked. Underinsured motorist coverage (UIM) is intended to provide some protection when the at-fault driver’s insurance is not sufficient to cover all of the losses suffered by the injured person.
• Additional defendants. A car accident attorney’s investigation may identify other parties legally responsible for a car crash, such as the employer of a driver who was working at the time of the accident or a bar that served alcohol to an underage drunk driver. Compensation also may be sought if they have liability for the car accident.
• Personal Assets. The at-fault driver may agree to pay via their personal assets.
• Trial Verdict. An attorney may take a case to trial, and after winning a verdict, the court could order the at-fault driver’s property seized or enter a judgment lien to satisfy the award.
• Bad Faith Lawsuit. If the insurance carrier had the opportunity to settle the claim for an amount within the policy limits but refused, the insurer may be acting in bad faith in violation of the terms of its contract to protect the policyholder. The insurer may be held financially liable.

Call Our Kentucky Courage Attorneys When You’re in Need

It can be intimidating to take on an insurance company after a car accident. But if you’ve been seriously injured by another driver’s negligence, you need a strong legal advocate to stand up for you. Talk to a Morgan, Collins, Yeast & Salyer car accident claim lawyer at (877) 809-5352 right away to set up your free consultation. We bring Kentucky Courage to your claim.

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Liability in a Multi-Car Accident in Lexington

Car accidents involving more than two vehicles are among the most severe types of accidents that occur on Kentucky roads. Not only does having more vehicles involved in a crash increase the number of potential injuries, multi-car accidents often result in more serious injuries. Another complication of multi-car crashes is they make determining liability in a car accident more difficult.

If you’re involved in a multi-car accident in Lexington or anywhere else in Kentucky, you need to seek medical attention immediately. Once you’ve seen a doctor, it’s time to contact a Lexington car accident lawyer. The Kentucky car accident attorneys at Morgan, Collins, Yeast & Salyer can review your case details and help you figure out who could be held liable for your injuries and losses. Our attorneys are known for having the Kentucky Courage to stand up to big insurance companies to help injured people. Call today for your free case consultation.

Recent Multi-Car Accident in Lexington

Though car accidents involving more than two vehicles are rare, they’re still more common than you might think. In fact, there was a major accident in Lexington involving more than two vehicles not too long ago.

On July 22, 2021, two people sustained life-threatening injuries following a multi-car accident in Lexington. According to news reports at the time, one car was driving erratically on Versailles Road when the driver sideswiped another car traveling in the same direction. The first driver then overcorrected, putting him into the path of another car coming from the opposite direction. The first driver then collided head-on with the car coming toward him.

An eyewitness to the crash told one TV news station that the first driver and the car he sideswiped were both going well over the posted speed limit when the crash occurred. News reports do not indicate whether the third driver was speeding. At the time of the report, police had not indicated if speed, alcohol, or drugs might have contributed to the crash.

This is a common example of how multi-car accidents occur. They typically happen on crowded roads at high speeds. The initial impact between two cars might send one car flying into the path of another vehicle. Multi-car crashes can also happen at low speeds, especially if one driver rear-ends another and forces the second car into the back of another vehicle.

Lexington Multi-Car Accident Statistics

According to the latest state Traffic Collision Facts report, collisions between two or more vehicles accounted for just over 60 percent of all accidents statewide in just one year.

The latest figures from the National Highway Traffic Safety Administration indicate there were just over 4.5 million crashes involving two or more vehicles across the country in one recent year. Given there were about 6.7 million crashes total across the country that year, close to 70 percent of all collisions nationwide involved at least two vehicles. 

Liability in a Multi-Vehicle Accident

Determining liability in a car accident can be a challenge, especially when it involves multiple vehicles. However, it is possible by conducting a thorough investigation into the negligence of all parties involved. 

Negligence occurs when someone fails to use reasonable care and caution to avoid putting others in harm’s way. In a two-car accident caused by a drunk driver, for example, the drunk driver would most likely be found negligent because they broke the law when they had a responsibility to drive safely – and only when sober – to avoid injuring others.

The determination of liability becomes more difficult when multiple parties are involved and when more than one person acted negligently. So, who is responsible for a multi-car accident? That depends. To determine liability in a multi-car crash, your car accident lawyer will apply this same principle to all the drivers involved in the collision. Depending on the circumstances of the accident, there could be more than one party who’s responsible for your injuries.

For instance, suppose you were rear-ended by a driver who had already been struck from behind by a third driver. If the driver in the far rear was speeding, intoxicated, distracted, or otherwise negligent, they would likely be held responsible for the crash. But if the driver immediately behind you was also speeding or following too closely, they could also be found partially liable for your injuries. 

An experienced multi-car accident lawyer can look closely at an accident and determine if one or more parties could be held responsible for the collision. They can gather evidence to prove how other drivers acted negligently and fight for fair compensation for your claim.

What to Do After a Multi-Vehicle Accident in Lexington

Being involved in a multi-vehicle accident is undeniably frightening, but you need to do what you can in the aftermath of the crash to keep yourself safe and protect your right to seek compensation for your injuries. Here’s what you should do after the collision once you’ve called the authorities:

• Take as many pictures of the scene as you can. These photos can help illustrate how the crash occurred and who may be responsible for your injuries.
• Get the names and insurance information for all of the drivers involved. If more than one driver is responsible for your injuries, you’ll need to file multiple claims to recover full compensation for your losses. This means you’ll need to negotiate with each driver’s insurer.
• See a doctor as soon as possible if you don’t receive emergency medical care at the scene of the accident. A physician can look for injuries you may not be aware of in a physical exam and also create medical records that can be used to support your claim.
• Write down everything you remember about the accident and the sequence of events that led up to it. Include as many details as possible, as these details may fade over time but are crucial to helping you recover compensation.
• Don’t say anything to the other parties’ insurance companies. Insurers will probably try to contact you and get a recorded statement to use against you. Do not speak to them. 
• Talk to a car accident lawyer as soon as possible. The sooner you speak to an attorney, the faster they can investigate the accident and recover crucial evidence before it disappears or is destroyed.

Hurt in a Multi-Vehicle Crash? Call Our Professional Attorneys Today

If you still have questions about multi-car accidents in Lexington or would like help with your claim,  contact Morgan, Collins, Yeast & Salyer today for a free consultation with a Kentucky Courage car accident attorney. Call us at (877) 809-5352 to get started.

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McKinnley Morgan Honored with Selection to Kentucky Workers’ Compensation Hall of Fame

We are delighted to share the news that our founding partner McKinnley Morgan has been selected for induction into the Kentucky Workers’ Compensation Hall of Fame Class of 2022.

The Workers’ Compensation Hall of Fame honors attorneys, doctors, court reporters, administrative law judges, and others who have made significant contributions to Kentucky’s workers’ compensation system during their distinguished careers.

A senior partner at Morgan, Collins, Yeast & Salyer, McKinnley will be inducted into the Kentucky Workers’ Compensation Hall of Fame during the Hall of Fame Awards Banquet scheduled for April 14 in Lexington.

The banquet will be held in conjunction with the University of Kentucky Continuing Legal Education 24th Annual Workers’ Compensation Institute being hosted at the Campbell House in Lexington.

“It’s quite a humbling experience,” McKinnley says of his selection to the Hall of Fame. “You don’t start your career with something like that in mind. After representing thousands of people over the years, it’s great to know that all the work I did, didn’t go unnoticed.”

Focused on Helping Injured Workers and Their Families

After graduating from the University of Kentucky and the University of Kentucky College of Law, McKinnley started practicing law in 1972 in the area of Eastern Kentucky where he grew up. Among the first injury cases, he handled were workers’ compensation cases involving coal miners who have been injured on the job and needed help obtaining workers’ compensation benefits.

McKinnley found his calling in helping injured people get back on their feet. He quickly realized that when handling workers’ compensation cases, he was representing more than just the injured worker.

“A lot of men in the coal mining industry would get hurt, and the families would lose their primary income earner,” he says. “That could lead to divorce and other issues. I learned long ago, it’s not just about getting a quick buck. You are representing the family unit. You have to figure out how to help the family stay together.”

Knowing that families are receiving the benefits they need and being taken care of is a great feeling, he says.

McKinnley has been handling workers’ compensation cases for 50 years and has focused his law practice primarily on workers’ compensation for 30 years. He says the most important thing he can do is help injured workers when they need help. He considers it an honor to be able to use his legal skills to serve his fellow Kentuckians.

He has shared his extensive knowledge of Kentucky’s workers’ compensation system as a speaker and panelist at numerous legal seminars and conferences focused on issues related to workplace injuries and accidents.

In addition to McKinnley, the other members of the Class of 2022 announced by the Hall of Fame selection committee include R. Scott Borders, William Gary Davis, William Faris, William Hines, Paul E. Jones, Sherri L. Keller, H. Edward O’Daniel, Jr., and Dr. Robert W. Powell.

Congratulations to McKinnley and to all those honored by the Hall of Fame selection committee.

For more information about our attorneys at Morgan, Collins, Yeast & Salyer, contact our office at (859) 327-3383!

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