Will Moving Out of State Affect My Workers’ Compensation?

If you’re receiving Kentucky workers’ compensation benefits and are thinking about moving out of state, you may be wondering if you can take your benefits with you. It’s an understandable concern, particularly if the benefits account for a significant portion of your current income.

If you are considering moving out of state and have questions about a worker’s compensation claim in Kentucky, we will be glad to assist you. Contact an attorney at Morgan, Collins, Yeast & Salyer. Our Kentucky Courage attorneys can help you determine the appropriate steps to take.

If you need help with a workers’ compensation claim, contact Morgan, Collins, Yeast & Salyer today for a free consultation with an experienced Kentucky workers’ compensation lawyer.

Are Workers’ Compensation Benefits Affected by Moving?

You may move while receiving worker’s compensation benefits. A workers’ compensation insurance provider cannot require you to live in a particular state. Many workers live in one state and work in another state. If you have a qualifying claim with your employer in Kentucky, it’s still valid whether you live in Kentucky or move to Ohio, for example. But a move out of state can have consequences that you should consider.

For practical reasons, it may be easier to delay your out-of-state move for a period of time if you have an ongoing workers’ compensation claim. As a matter of convenience, it may be easier on you to attend the meetings, depositions, and the hearing before a judge in Kentucky if you delay your move. Otherwise, you may have to return to Kentucky to attend these meetings.

Receiving benefits might be more difficult if you move because you will be changing addresses and bank accounts. It may take some time for the worker’s compensation insurance administrator to process the address change, which could cause a delay in getting your benefits. You should alert the worker’s compensation insurance administrator of your intentions long before you actually move.

How Does Moving Out of State Affects Workers’ Compensation?

If you are receiving medical treatment through workers’ compensation, you will need to get established with a new doctor. You are best advised to arrange a new doctor before you move to avoid any disruption in your treatment.

In Kentucky, workers can generally choose the doctor who treats their injuries unless their employer belongs to a managed health care network. In that case, you would need to look for a new physician in the state where you are moving is in the same managed care network.

Finding a doctor in another state that treats injured workers and accepts cases from Kentucky can be challenging. The doctor may not accept the reimbursement rate authorized by the Kentucky workers’ compensation program.

You should discuss the planned move with the workers’ compensation insurance administrator before making the move to avoid disrupting your medical benefits.

Does Moving To A Different State Affect A Workers’ Compensation Case?

While moving to a different state may not directly affect your benefits, it can affect your workers’ compensation case if you have not yet secured benefits.

For example, if you move out of state, especially somewhere far from Kentucky, you might have to travel to Kentucky to attend depositions or a hearing.

Before you move, you should determine whether the court will allow you to video-conference into such events or whether you will need to travel back to Kentucky and make an in-person appearance.

What Happens if You Move During Your Workers’ Compensation Claim?

 An employer may use your move as an excuse to try to terminate your benefits.

It is critical to have a plan in place before you move so that your benefits are not negatively impacted.

While you are entitled to move while collecting workers’ comp benefits, you should speak with an attorney about the potential implications of doing so.

Will Moving Out-of-State Impact Workers’ Compensation Case?

If your workers’ compensation case is still pending, moving out of state could present some challenges. One is that your employer could allege that you are moving in an effort to remove yourself from the workforce, which precludes you from receiving the compensation to which you’re entitled.

Sometimes, to avoid liability, employers will claim that there are other jobs in your area that you could have performed in spite of your injuries.

If you relocate somewhere far away, your employer could argue that you left your job and the area of your own free will, and not because you couldn’t find suitable work. As a result, you might need to hire an attorney to help you demonstrate how your move is justified.

Can You Still Get Workers Comp Benefits If You Move Out Of State?

While you can typically continue receiving benefits even if you move out of state, there are some things you should take into consideration as you are planning your relocation.

First, you should make sure that your treating physician has cleared you for relocation. If your physician does not sign off on your move and you decide to relocate without their approval, the insurance company could cut off your benefits. It’s always a good idea to check in with your treating physician to determine whether moving is permissible.

Second, if you decide to relocate, the insurance company might subject you to further scrutiny. In fact, some insurance companies even go so far as to enlist investigators to stake out claimants to determine whether they are following their doctor’s recommendations. If you are not following your doctor’s orders and the insurance company believes that your benefits are no longer justified by your condition, then they might stop your payments. Even if your physician clears you to leave Kentucky, you should always continue following their treatment plan.

Speak With a Workers Comp Attorney

If you are currently receiving workers’ compensation benefits and are planning to move out of state, consider speaking with a Kentucky workers’ comp attorney at Morgan, Collins, Yeast & Sayler to learn how the move could affect your benefits. If you are experiencing pushback from the insurance company, our attorneys can help you resolve the dispute or even negotiate a settlement.

 Call us today at (877) 809-5352 for a free, no-risk case evaluation.

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Can I Seek Compensation for a Construction Zone Car Crash?

Sections of roads and highways undergoing repairs or improvements may be designated temporarily as construction zones. These areas are configured to allow workers to complete road improvements while permitting traffic to pass through an area. Unfortunately, construction zones are dangerous places with workers on foot, heavy equipment, and motorists moving in close proximity. While barricades, signage, and traffic flaggers are often in place to protect workers and motorists, these safety precautions often aren’t enough to prevent accidents.

Kentucky had more than 900 construction zone crashes in 2020, including accidents causing more than 200 injuries and 6 fatalities, according to the Kentucky Transportation Cabinet. Rear-end collisions are the most common type of work zone crash caused by traffic backups and sudden stoppages.

If you have been injured or lost a loved one in a construction zone accident, you might be wondering who might be financially liable for your medical bills, the repairs to your vehicle, and your lost wages due to missed work. You may be eligible to pursue an injury claim or lawsuit against another motorist, the highway contractor that set up the construction zone, or another entity that caused your crash.

Causes of Construction Zone Car Accidents

Some of the most common causes of construction zone crashes include:

• Hazardous road conditions – Construction zones contain many hazards that may lead to serious accidents. Uneven road surfaces, narrowed lanes, vehicles traveling at different speeds, and debris left on the road can create dangerous conditions. Lane mergers and changes to regular traffic patterns can confuse drivers. 
  

• Unclear road signs – Construction work often creates changes to road conditions, such as reduced speed limits, sharp turns, and detours. If construction zone road signs are unclear, or difficult to see, it makes it harder for drivers to travel safely through the construction zone.
  

• Poor planning – Poor planning for how traffic will move through a construction zone, lack of lane markings or ineffective management of traffic by construction workers can cause unsafe conditions.
  

• Driver confusion and frustration – It’s not uncommon for drivers to become frustrated when driving through a construction zone due to traffic moving slowly or confusion caused by changes in road rules.
  

When Construction Companies May Be Held Liable

Constructions companies hired to complete road improvements are responsible for establishing a safe construction zone and managing hazards to prevent accidents. When road contractors or government agencies fail to design a construction zone properly, accidents can happen. The construction company or the government agency responsible for maintaining the road may be held liable for an unsafe construction zone. Common examples of negligence that may cause accidents include:

• Positioning traffic cones or barricades too close to a traffic lane
• Failing to reduce the speed limit at a sharp turn
• Unmarked lane changes
• Poor traffic management by a flag person
• Reducing driver visibility by blowing dust or debris into the air

Even if you believe that another driver caused an accident, it’s possible that the at-fault driver’s actions were influenced by a hazard in the construction zone.

Can You Seek Compensation from the Construction Company?

If a construction worker’s negligence caused an accident, you may be able to seek compensation from the construction company. Contact a knowledgeable construction zone accident lawyer at Morgan, Collins, Yeast & Salyer to get an understanding of your options for pursuing reimbursement for your losses.

Reducing the Risk of a Construction Zone Collision

Here are some tips for driving responsibly through a construction zone:

• Construction zones alter traffic patterns, so expect the unexpected
• Obey all construction zone laws as indicated by road signs
• Watch for speed limit reductions and lane mergers
• Slow down and be patient
• Watch for flaggers and obey their instructions
• Maintain a safe following distance between your car and those in front
• Pay extra attention to your surroundings
• Avoid distracted driving

Get in Touch with a Kentucky Car Accident Lawyer

If you have been injured in a construction zone car crash in Kentucky, you need to understand your legal rights. You may have a right to seek significant compensation from the motorist or highway contractor that caused the accident. Turn to the experienced Kentucky Courage car accident lawyers at Morgan, Collins, Yeast & Salyer for help. Call or contact us online for a free case review.

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Understanding Workers’ Comp Mediation

Kentucky established an official mediation program for workers’ compensation claims in 2020. This followed two years of informal claim mediation that the Kentucky Labor Cabinet’s Department of Workers’ Claims says received a positive response.

If you have suffered a workplace injury in Kentucky and your employer has objections to your workers’ comp claim, mediation may be the most efficient route to a settlement.

Below, we discuss what workers’ comp mediation entails. If you have further questions or need help with a workers’ comp claim in Kentucky, an experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer can help you.

What Is Workers’ Compensation Mediation?

Mediation is a structured negotiation in which a neutral mediator facilitates the discussion between the opposing sides and seeks to find areas of compromise. The mediator seeks to guide the discussion in an effort to resolve disputes regarding whether a worker is entitled to compensation for a workplace injury or illness.

The mediator in Kentucky workers’ comp cases is an administrative law judge (ALJ). A judge listens to the opposing sides and explores ways to break the impasse and resolve the benefits dispute. The goal of mediation is to expedite the settlement process and avoid having to hold a formal hearing.

What Is Involved in The Mediation Process?

After an employee has filed a claim with the Department of Workers’ Claims, any party to the claim may file a motion to have the claim referred to mediation.

• Both parties to a workers’ comp claim may request mediation, or the judge overseeing the case may refer it for mediation.
• A party opposing mediation has seven calendar days to file a response to the motion seeking mediation. The judge must grant or deny the motion within 10 calendar days of the request for mediation.
• All parties to the dispute and their attorneys must attend mediation if directed by the judge. However, an insurance company representative with the authority to settle the claim may attend instead of the employer involved.
• The mediator is to conduct the mediation in a fair and unbiased manner.
• Participants are to discuss the issues in the original motion for mediation in good faith. All discussions are confidential and considered settlement negotiations.

If mediation leads to a settlement, the judge files a “Notice of Settlement at Mediation,” which states the agreement. Otherwise, the judge may file a “Notice of No Settlement at Mediation” or a “Notice of Partial Settlement at Mediation,” which sets forth the resolved and unresolved issues.

Do You Need a Lawyer For Workers’ Comp Mediation?

An injured worker is not required to have legal representation in mediation. However, decisions made in mediation will be based on workers’ compensation law. In addition to understanding the legal and medical aspects of your claim, a knowledgeable lawyer can calculate the full benefits you are due and negotiate on your behalf during mediation.

You’ll be across the table from an insurance company representative who makes their living by limiting what their employer pays to settle workers’ comp claims. An experienced lawyer who represents you can make sure that any settlement you agree to is fair to you.

Contact Our Workers’ Comp Lawyers For Step-By-Step Guidance

A significant percentage of workers’ compensation cases that go to mediation are resolved. A lawyer can guide you through the mediation process and help you understand what is reasonable to expect based on Kentucky workers’ compensation law.

At Morgan, Collins, Yeast & Salyer, our workers’ compensation lawyers will work to help you pursue the benefits you need to sustain yourself and your family while you recover from work-related injuries. Our attorneys have the Kentucky Courage to stand up and fight for you to receive fair treatment from the insurance company disputing your claim. We’ll focus on your workers’ comp claim so you can focus on your health and getting better.

Contact us now to schedule your free consultation about how we can help you.

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What Happens to Vacation Time While on Workers’ Compensation?

Workers who are off the job because of an injury might think that getting away from home for a few days would be good for them mentally as well as physically. But taking a vacation while you are recovering from injuries and cannot work might raise a few eyebrows, especially if your employer is paying you workers’ compensation benefits.

There are no rules to keep you from going on vacation while you have an open workers’ compensation case or are receiving benefits. But there are some pitfalls if you miss follow-up doctors’ appointments or run afoul of what is required to maintain your eligibility for benefits.

If your employer or their workers’ comp insurance administrator raises issues with your Kentucky workers’ compensation claim, contact Morgan, Collins, Yeast & Salyer. You have rights when you are on workers’ comp. We’ll give you the Kentucky Courage you need to make sure your employer honors them.

Can You Go On Vacation While On Workers’ Comp?

If you have accrued leave time from your place of employment, there is nothing about a workers’ compensation claim to keep you from using it.

Private-sector employers are not required to provide paid vacation to employees. Private employers have significant discretion in developing vacation and personal leave policies. Kentucky state employees get paid leave for a variety of reasons.

The main requirement of employers who offer vacation and other types of leave is that, if promised, vacation must be granted. If an employer’s policies, practices, or statements create a promise of vacation, the employer has likely established a binding legal obligation to provide vacation.

But if you take a vacation while recovering from a workplace injury, you must avoid jeopardizing your workers’ compensation claim.

You need to avoid any activities that conflict with your doctor’s advice for your recovery or that could aggravate the injury. A round of golf or even hours sitting in a plane or a car can be bad for certain injuries.

In addition to making sure you don’t take part in activities that could set back your recovery, you don’t want to do anything that could lead an insurer to challenge your claim. Insurance companies really do send investigators to gather evidence of workers’ comp fraud. Don’t let vacation photos that someone posts to social media cost you your workers’ compensation benefits.

Second, part of following doctor’s orders is keeping follow-up appointments. Check your schedule. Don’t create evidence that you’re not as badly injured as you claim by skipping doctor or rehab appointments. Discuss your vacation plans with your doctor and follow his or her advice about timing and any dos and don’ts.

Can You Collect Vacation Pay While on Workers’ Comp?

If you have vacation pay coming to you per your company’s policies or a union’s work agreement, you have a right to it. Many injured workers use all of their sick leave and vacation time if they have an extended absence from work.

In fact, claiming paid vacation time is a viable means of making up the difference between a full paycheck and the workers’ comp lost wages benefits. Generally, workers’ compensation income benefits are 66 2/3% of your average weekly salary, up to the state maximum as set forth by the Department of Workers’ Claims.

But there’s no double-dipping. You can’t get vacation pay and workers’ comp disability payments at the same time. If you take vacation pay (paid leave), your workers’ compensation income benefits must be remitted back to the state for whatever time you receive paid leave.

You should also keep in mind that workers’ compensation benefits are not considered taxable income. Do the calculations before you decide whether you can get by on your wage replacement benefits or you should put in for vacation pay.

Do You Accrue Vacation While On Workers’ Compensation?

We cannot say definitively whether your vacation time will continue to accrue while you are not working because of a work injury. The answer depends on the wording of your employer’s vacation policies. We can review your company’s leave policy and help you understand what to expect.

The following sample vacation leave policy says, “Part-time employees working 20 to 29 hours per week will earn vacation on a prorated basis. Full-time employees are those working 30-plus hours per week.” We would expect a company attorney here to argue that an employee on workers’ compensation is not “working” the requisite hours to accrue vacation leave.

But this sample vacation time policy says, “Full-time employees become eligible for and begin to accrue annual vacation leave after six continuous months of employment with the Company. Eligible full-time employees accrue 6.66 hours of vacation per month (2 weeks per year) with increases in years 3 and 5, as follows …” Under this policy, an injured worker with the required time on the payroll accrues vacation time as long as he or she remains employed.

What Happens to Vacation Time If You Cannot Return to Work?

There is no law in Kentucky that requires an employer to pay for accrued vacation or leave time at termination. It will depend on the wording of the company vacation policy or the employer’s past practice.

If there is a policy that says employees will be paid for accumulated leave time upon termination, that leave time must be paid off. If the policy states that only up to a certain amount of leave time will be paid out, then the payment will be limited accordingly.

If the policy says that there will be no payout for leave time at termination, but the current or previous administration has paid employees for unused leave time, the employer may be obligated to pay employees for accrued leave time unused at termination.

Contact a KY Workers’ Compensation Attorney

Being on workers’ compensation does not allow your employer to withhold other benefits available to employees, such as paid vacation and leave time. But some employers and insurers dispute valid injury claims and assume that injured workers do not know their rights or workers’ compensation policies.

An experienced workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer can handle your workers’ comp claim from start to finish and ensure that you get every dime of benefits that are available under Kentucky law. Our Kentucky Courage. attorneys consider it a privilege to help working people stand up for their rights. We are here to answer your questions. Contact us today.

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How to Prove Distracted Driving

Were you hit and injured by a driver who was talking on the phone, eating or drinking, or focused on something besides driving? Distracted driving is a leading cause of car accidents in Kentucky and across the U.S. If a distracted driver caused you harm, you have the right to seek fair compensation for your injuries, medical bills, and other losses you’ve incurred. 

The distracted driving accident lawyers of Morgan, Collins, Yeast & Salyer have recovered millions of dollars in compensation for people in Lexington and across Kentucky. Our attorneys have the Kentucky Courage to stand up to big insurance companies and demand fair compensation to help you recover. 

Call us today at (877) 809-5352 or fill out our online contact form to learn more about your legal options in a free initial consultation.

What Is Distracted Driving?

Distracted driving involves not giving your full attention to the task of driving. Even an activity such as programming a car navigation system or tuning the radio can contribute to a distracted driving accident. More than 45 percent of all collisions in Kentucky in a recent year were attributed to distracted or inattentive driving, according to the Kentucky Drivers Manual.

Distractions can be visual, manual, or cognitive. A driver may have their eyes diverted from the road or have their hands off the wheel. A driver who is engaged in a conversation or daydreaming may not have their mind on the task of driving.

Common examples of driver distraction include:

• Texting or talking on the phone
• Watching videos 
• Reading
• Eating food or drinking beverages
• Applying makeup, shaving, or combing hair
• Checking one’s reflection or changing clothes
• Reaching for dropped items 
• Looking for things inside the car
• Turning around to interact with passengers or pets
• Focusing on conversations with passengers
• Daydreaming, reading billboards, or rubbernecking
• Fiddling with GPS devices, climate controls, or radio knobs

Distractions cause drivers to react more slowly to changes in traffic conditions. A distracted driver may fail to see the driver in front braking, a car pulling out of a side road, or a pedestrian in a crosswalk at a Lexington intersection.

How to Prove Distracted Driving

Even if it seems obvious to you that the other driver’s distraction was the cause of your accident, you must still provide proof of this fact to recover money through an insurance claim or personal injury lawsuit. When the attorneys of Morgan, Collins, Yeast & Salyer handle Lexington distracted driving accident cases, we frequently seek the following types of evidence to demonstrate driver distraction:

• Police accident reports – If law enforcement officers responded to the scene of the accident, the police most likely created an accident report, which contains useful information. Depending on the circumstances, a police report may include details such as any citations issued for traffic violations, results from toxicology tests, and the investigating officer’s official opinion regarding who was at fault. If the other driver was cited for a distracted driving offense, it could be helpful to your case.

• Physical evidence – Many types of physical evidence could indicate that the other driver was distracted at the time of the accident. Examples include open food or beverage containers in the car, recently used electronic devices, or even the lack of tire skid marks on the road that suggests the driver wasn’t looking at the road and failed to brake before the collision.

• Driver phone records – If you suspect the other driver was texting or talking on the phone before an accident, your attorney can subpoena the cell phone records of the driver. Obtaining these records can be a challenge, but they can provide pivotal evidence in a distracted driving case.

• Eyewitness statements – If any vehicle occupants or external witnesses saw the accident occur, their statements and testimony can support your case.

• Expert witness testimony – In some cases, our attorneys may work with expert witnesses such as accident reconstruction specialists. These professionals can examine the physical damage left behind by a wreck to determine how each driver behaved in the moments leading up to the crash.

Distracted Driving Laws in Kentucky

Like most states, Kentucky has a number of distracted driving laws on the books, which mainly focus on cell phone use. 

Under state laws, drivers are prohibited from reading, writing, or sending text-based messages on any electronic devices while their vehicles are in motion. 

Kentucky drivers who are under the age of 18 and driving with learner’s permits or provisional licenses are prohibited from talking on cell phones while driving. However, there are no restrictions on talking while driving for Kentucky drivers 18 and older.

There are several exceptions to Kentucky’s texting-while-driving ban. The ban does not apply to situations such as:

• Using GPS features on cell phones while driving
• Using a GPS or navigation system that is electronically integrated into a driver’s vehicle
• Reading, selecting, or inputting a phone number or name into an electronic device to make a phone call while driving (18 and older)
• Texting while driving to report illegal activity, summon emergency assistance, or prevent injury to another person or their property (18 and older)

Operators of public safety vehicles are allowed to text while driving when performing their official duties.

Distracted Driving Facts in Kentucky

A local CBS News station recently reported on a study in which Kentucky was ranked the fifth-worst state in the U.S. for distracted driving. The following distracted driving statistics from the Kentucky Department of Transportation highlight just how devastating distracted driving can be here in the Bluegrass State:

• In a single recent year, there were 40,870 traffic collisions with contributing factors such as driver distraction, driver inattention, or cell phone use in Kentucky. Together, these 40,870 accidents represented approximately 40 percent of all collisions in the state that year.
• Crashes involving distraction, inattention, or cell phone use resulted in 143 fatal accidents, which represented approximately 20 percent of that year’s statewide fatal accidents.
• Driver distraction, inattention, and cell phone use contributed to 435 motorcycle crashes, 103 bicycle crashes, and 266 pedestrian crashes in a single year.
• Driver distraction, inattention, and cell phone use contributed to 3,011 collisions involving large commercial trucks that year, 33 of them causing fatalities.

Contact a Car Accident Lawyer Today!

When you contact Morgan, Collins, Yeast & Salyer after a Kentucky car accident, our legal team can review the details of your accident and discuss your legal options. If we handle your personal injury claim, you will speak with an attorney early on in the preparation of your case. Call us now at (877) 809-5352 or contact us online to tell us your story in a free initial case review.

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