Moving Beyond Physical Injuries for Workers’ Compensation

In many cases, a worker who has suffered a traumatic physical injury on the job suffers related psychological harm as well. How a worker may react to physical trauma – a deep cut, electrical shock, fall from great height, or loss of a limb – differs for each individual. But it is well established that some people react to traumatic injury in a manner similar to post-traumatic stress disorder (PTSD), which may lead to depression and premature death.

In Kentucky’s workers’ compensation program, an injured worker may obtain reimbursement for the costs of treating psychological injury suffered on the job if “it is a direct result of a physical injury” (Ky. Rev. Stat. 342.0011(1)). This is a stricter standard than in other states, but it can be met. You can obtain the Kentucky workers’ compensation benefits you deserve if your occupational injury has done more than physical harm to you.

An experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer can help you seek the full benefits available by law after a workplace injury. Our law firm has recovered more than $300 million in workers’ compensation benefits for hardworking Kentuckians. We stand ready to fight for you. Contact us today to set up a free legal consultation.

Psychological Responses to Traumatic Physical Injury

There are numerous factors that affect how an individual reacts to trauma. A treatment manual published by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) says responses depend on the characteristics of the individual, the type of the event(s), developmental processes, the meaning of the trauma, and sociocultural factors.

Regardless, “traumatic stress reactions are normal reactions to abnormal circumstances.” There are many varied short- and long-term responses to traumatic experiences found among individuals who may seek behavioral health services.

After a traumatic accident, a person may exhibit the following:

• exhaustion
• confusion
• sadness
• anxiety
• agitation
• numbness
• confusion

More severe responses may include continuous distress, severe dissociation symptoms, and intrusive flashbacks that continue despite a return to safety.

Additional delayed responses to trauma can include:

• Persistent fatigue
• Sleep disorders
• Nightmares
• Fear of recurrence
• Anxiety focused on flashbacks
• Depression
• Avoidance of emotions, sensations or activities that are associated with the trauma, even remotely.

These reactions will hinder the injured individual’s ability to engage in daily life activities, including working, sustaining self-esteem, and maintaining interpersonal contacts. Clearly, medical attention is warranted.

Treating the Psychological Effects of Workers’ Comp Injuries

Dr. Kenneth Larsen is a clinical psychologist at New England Baptist Hospital in Boston who treats workers who have sustained mental injuries, such as PTSD, as a result of a workplace injury. Speaking to the Workers’ Compensation Research Institute’s 36th Annual Issues & Research Conference in March 2020, he said workplace injuries often lead to mental health issues, including opioid dependence, depression and even suicide, according to a Business Insider report.

Providing early mental health treatment is key to a faster return to work, Larsen said. Larsen said that companies that communicate compassion to their workers see workers return to work more quickly than companies with a hands-off approach.

Mary Christiansen, the workers’ compensation claim manager for the electric utility Southern California Edison Co., told the conference her company developed a counseling program for workers’ comp recipients as part of its employee assistance program in 2017. It helps return injured employees to work and provides assistance for external factors, such as depression, and financial or family problems that can often accompany a workplace injury.

“Since the program’s implementation, the company’s overall claims costs have continued to decline, she said, and workers’ compensation claims that have historically come after an employee has taken Family and Medical Leave Act leave are also down,” Business Insider says.

Elsewhere, workers’ compensation claims adjuster Kristin Bowen writes that claims handlers should keep the possibility of post-injury depression in mind and maintain sensitivity and compassion when they recognize issues. Treating psychological injury, though an added cost, saves money in the long-term, she argues.

“Coupled with physical injury, post-injury depression can prolong recovery, delay return to work, and complicate the resumption of pre-injury function and activity levels,” Bowen says. “If the psychological effects are diagnosed and treated in conjunction with the physical injury, this will add time, resources, and money to the management of the physical injury, including longer periods off work, possible counseling, and added prescription costs. …

“To help promote the injured party’s recovery, both physically and mentally, it’s best that we provide the support and means to address this ever-growing challenge.”

Convincing Your Company of Your Workers’ Comp Injury Needs

The psychological impact of trauma and the value of mental health services for healing are not breaking news. However, some employers are more enlightened than others. Unfortunately, it’s just as likely, if not more so, that your employer (and/or their workers’ compensation insurer) will seek to deny payments for mental health care after a workplace injury.

In some cases, Kentucky’s workers’ comp does cover the treatment of psychological injuries and you can get a psychiatric workers’ comp settlement for depression, PTSD or a similar issue.

In multiple court cases over the years, the Kentucky Supreme Court has expanded the definition of injury for workers’ comp claims, and exhibited “a growing appreciation … of the seriousness of mental injuries.”

In a case known as Richard E. Jacobs Group, Inc. v. White, the Supreme Court of Kentucky reiterated that a mental injury must result from a “work-related traumatic event,” as the statute says, and ruled that physical exertion at work – in White’s case, performing CPR on an injured man – could constitute a physically traumatic event.

As the author cited above suggests, “The White decision might allow a worker executing their daily duties to be compensated for mental injuries resulting from exertion,” a broad definition, indeed.

Our larger point is that there is reason to fight a denial of workers’ compensation benefits for mental health counseling and similar services connected to an occupational injury. Medical and legal professionals increasingly recognize that providing such services is morally correct, economically beneficial to the employer and within what Kentucky law says is appropriate.

It takes courage to stand up and say your claim is valid when you are denied. Let Morgan, Collins, Yeast & Salyer add the Kentucky Courage your workers’ compensation claim needs to recover the full benefit you deserve.

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Dangers and Risks While Working at a Warehouse

Warehouse workers and material movers employed in warehouses that are part of wholesale and retail operations shelve and retrieve freight, stock or other materials. Warehouse employees may work on elevated loading docks and around conveyors, forklifts, and electrical systems common to industrial settings. Warehouse workers lift and carry heavy objects. Their work is repetitive and physically demanding. 

Moving heavy objects around warehouses or onto trucks may lead to the most common warehouse injuries such as:

• sprains
• strains
• overexertion or cumulative injuries

Many types of accidents can happen in a large warehouse operation, from a slip and fall accident to a collision with a forklift to being struck by falling boxes. Accidents in warehouses can lead to serious or fatal injuries.

If you or a loved one has been injured while working in a warehouse in Kentucky, an experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer can help you seek the full benefits available to you by law. Our law firm has recovered more than $300 million in workers’ compensation benefits for hardworking Kentuckians. We stand ready to fight for you. Contact us today to schedule your free legal consultation.

Most Common Causes of Warehouse Injuries in Kentucky

More than 1.4 million people work in warehouses in the United States. Nearly 30,500 Kentuckians are employed in warehousing and storage. The fatal injury rate for the warehousing industry is higher than the national average for all industries, the Occupational Safety and Health Administration (OSHA) says.

A warehouse employee who is injured on the job and cannot work for seven days or more should qualify for workers’ compensation benefits. Workers’ comp is no-fault insurance that pays all medical expenses and a portion of lost wages, as well as additional benefits for catastrophic injury and death.

A warehouse employee who is injured on the job should not have to fight for workers’ comp benefits. But workers’ comp insurance administrators sometimes deny or dispute valid workers’ comp claims. Some employers try to take advantage of injured workers who are unfamiliar with the Kentucky workers’ compensation system.

We urge you to contact a workers’ compensation attorney from Morgan, Collins, Yeast & Salyer to discuss the benefits available after suffering a warehouse accident.

Some of the most common causes of compensable warehouse injuries include:

• Physical Strain. Warehouse workers are often required to perform repetitive motions, including reaching, bending, pushing, pulling, lifting and carrying heavy objects. Many warehouse workers develop musculoskeletal injuries, particularly back injuries, from performing these types of labor. A strain or sprain can occur by lifting a heavy object or because of cumulative wear and tear over time.
• Moving Machinery. Warehouse workers are often hit by forklifts, and metal-body vehicles with protruding forks that move materials in warehouses and on loading docks. Warehouse workers dealing with conveyors can be injured if they become caught by pinch points, or develop musculoskeletal disorders associated with awkward postures or repetitive motions required to feed or retrieve from conveyors.
• Falling Objects. Materials on warehouse shelves, loading docks or conveyors, or lifted by forklifts may fall and strike workers, causing blunt force or crushing injuries. Falling object injuries also occur in accidents involving the collapse of shelving, crates, or supports.
• Exposure to Harmful Substances. There are numerous potential harmful exposures in a warehouse operation. Violations of lockout/tagout standards, which are meant to prevent exposure to electrical shock or electrocution, are among the most frequent OSHA violations found in warehouses. When toxic materials are among the items being stored, chemical burns are possible if hazardous materials spills occur.
• Slips, Trips and Falls. Workers may slip or trip and fall on warehouse floors that are wet, cluttered, uneven or poorly lighted. Accumulated dust, sand, or sawdust on concrete floors is a slipping hazard, as well. Falls can lead to head and traumatic brain injury, back injury, broken bones and other traumatic injuries. In addition to general cleanliness and tidiness, OSHA regulations require specific guarding for floor and wall openings.
• Cumulative Trauma. Cumulative trauma disorder (CTD) is the excessive wear and tear on muscles, tendons, and nerve tissues caused by repetitive motion over an extended period of time. Bending, reaching, stretching or lifting for several hours every day of a workweek creates micro-traumas within the worker’s body that never have the opportunity to heal. Eventually, the cumulative trauma causes chronic pain and loss of mobility.

Our Workers’ Comp Attorneys Help Injured Warehouse Employees

If you are a warehouse employee and you have been injured in an accident at work or from the cumulative effects of your job duties, you should speak to an attorney about workers’ compensation benefits you may be entitled to claim under Kentucky law.

Many Kentucky workers eligible for workers’ comp payments go without the full benefits they deserve because they do not understand the system and they have no one to stand up for them. This is especially true among laborers who are incorrectly told their cumulative work injuries are due to age and are not occupational injuries. 

The experienced workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer will stand up for you. We understand the types of accidents that warehouse workers commonly suffer and the wear-and-tear injuries that end workers’ careers and make them eligible for workers’ compensation.

Our attorneys can help you pursue the workers’ compensation benefits you have a right to seek for your warehouse injury. We can file your claim, document the full extent of your injuries, and negotiate a fair settlement on your behalf with the workers’ compensation insurance company. If the insurers will not settle, your Morgan, Collins, Yeast & Salyer workers’ compensation attorney will represent you in all necessary hearings before state officials and Administrative Law Judges.

It takes Kentucky Courage to fight for fair workers’ compensation benefits when your employer says you don’t deserve them. You have the legal right to claim what you are due, and the lawyers of Morgan, Collins, Yeast & Salyer have the courage to fight for you. Contact us now for a free claim review.

 

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Kentucky Medical Services in Workers’ Comp: How Does It Work?

Under Kentucky’s workers’ compensation laws, a worker who has been injured on the job or developed a work-related illness may receive paid medical care. All medical payments are the responsibility of the employer and are usually handled by a workers’ compensation insurance administrator. The injured worker is not required to make co-payments for medical treatment under a workers’ compensation claim.

Fees available to physicians, hospitals and pharmacists are set by the Commonwealth every two years. No excess charges or co-pays should ever be billed to the patient.

If your employer is disputing your right to paid medical care for an on-the-job injury or you are being billed for treatment related to your job-related injury or illness, you need to speak to an experienced KY workers’ compensation attorney right away. At Morgan, Collins, Yeast & Salyer in Kentucky, we fight for injured workers. Our mission is to help you receive the proper KY workers’ compensation benefits provided by law.

Workers’ Comp Medical Benefits in Kentucky

Workers’ compensation is state-mandated no-fault insurance coverage provided to almost all full- and part-time employees in Kentucky. Most employers are required to provide workers’ compensation insurance coverage.

To take full advantage of the benefits available to you, you need to understand the breadth of what qualifies as a medical payment in the KY workers’ comp system.

Kentucky law (KRS 342.020) says that “the employer shall pay for the cure and relief from the effects of an injury or occupational disease as may reasonably be required at the time of the injury and thereafter … or as may be required for the cure and treatment of an occupational disease.”

Work-related medical expenses may be payable for life in cases of permanent disability or terminal illness and must be paid within 30 days of receipt by the employer without copayments or deductibles.

Medical expenses covered by workers’ compensation include:

• Ambulance and emergency room fees
• Fees charged by doctors and chiropractors
• Prescription costs
• Hospital bills
• Surgical supplies and appliances
• Costs of nursing care
• Tests (such as x-rays and MRIs)
• Durable medical equipment
• Disposable medical supplies
• Prosthetics and braces
• Travel expenses to and from medical appointments
• Vocational and occupational rehabilitation.

If your employer or their insurer challenges the validity of a medical expense, the employee may appeal to an Administrative Law Judge employed by the workers’ comp system to determine whether the expense is reasonable. There may be a workers’ compensation case law that points to the validity of the workers’ claim. However, the ALJ cannot share this information, and it is certainly against the employer’s interests to do so.

This is when an experienced KY workers’ compensation attorney can be of great assistance to you. A Morgan, Collins, Yeast & Salyer workers’ compensation attorney will gather medical evidence, prepare your appeal and advocate for you to receive the full medical benefits available under Kentucky law.

Choosing Your Own Doctor in a KY Workers’ Comp Claim

Injured workers in Kentucky have a right to select the physician who treats them. The designated physician will provide primary treatment to the injured or ill worker and will be responsible for referring the employee to additional medical care providers as necessary.

If your employer participates in a managed health care network, you are required to select a doctor from the list of physicians within the managed care network. Except when emergency treatment is required, your designated physician must be in-network.

A workers’ compensation claimant may change their designated physician once without questions or permission. Additional changes require the employer’s or insurance carrier’s consent or for a workers’ compensation judge to approve the change if the employer/insurer objects.

However, an injured worker may seek a second opinion from an out-of-network doctor regarding major recommendations, such as surgery, at their employer’s expense.

When assigned to a workers’ compensation managed care plan, the injured or ill worker may also go outside of the network for:

• Emergency medical care
• Continued care from a physician who provided emergency care
• Other treatment from a non-network physician begun prior to assignment to the plan
• To receive treatment from a medical specialist through a referral by the designated physician in the managed care plan
• Treatment not available through the plan.

These are rights provided to workers’ compensation recipients under Kentucky law. Most workers who find themselves suddenly injured on the job or diagnosed with an occupational illness have no idea how the KY workers’ compensation system works or the range of benefits it is supposed to provide.

A workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer in Kentucky can review your disputed claim at no charge and advise you about your proper benefits. If you are being unjustly denied medical benefits for a workplace injury, our legal team can challenge those decisions for you based on our decades of experience as worker advocates handling appeals in the KY workers’ compensation system.

Contact a Lexington, KY, Workers Comp Attorney

An experienced workers’ compensation lawyer in Lexington, KY from Morgan, Collins, Yeast & Salyer can give you the Kentucky Courage needed to stand up to an employer or insurance administrator that is disputing your right to workers’ compensation medical benefits.

Most injured workers hire an attorney to file a workers’ compensation claim because of the complexity of the claims process. Don’t leave money on the table that you need. Our law firm is proud to have settled more than $300 million in workers’ comp benefits for hardworking Kentuckians like you.

Contact us today to set up your free legal consultation. We will not charge a legal fee unless we recover money for you. You don’t have to take on the insurance company by yourself. We stand ready to fight for you now.

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New Cell Phone Driving Law Coming To Kentucky?

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

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

If the “Phone-Down Kentucky Act” of House Bill 258 becomes law, the use of a “personal communication device” or a “stand-alone electronic device” while driving or while temporarily stopped in traffic would be illegal. It would also be illegal to watch, record or broadcast video on such devices while driving.

The proposed law would apply to:

• cell phones
• tablets
• laptop computers
• personal digital assistants

Adding “stand-alone electronic device” to the ban covers any other mobile device that stores audio or video files retrievable on demand. It would be illegal to hold, use or in some cases even reach for these devices while driving.

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

The legislation focuses on:

• texting
• making cellphone calls
• using personal electronic devices behind the wheel

These are among the most dangerous forms of distracted driving.

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

What’s The Current Kentucky Law about Distracted Driving?

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

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

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

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

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

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

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

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

The Danger of Distracted Driving to Highway Safety

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

Driver distraction occurs when drivers divert their attention from the task of driving to focus on some other activity.  A distraction-affected crash is any crash in which a driver was identified as distracted at the time of the crash, the National Highway Traffic Safety Administration (NHTSA) says.

Distracted driving statistics based on NHTSA:

• In 2017, there were 3,166 people killed in motor vehicle crashes involving distracted drivers nationwide. There were 599 pedestrians, bicyclists and other killed in distraction-related crashes.
• Six percent of all drivers involved in fatal crashes were reported as distracted at the time of the crashes.
• Eight percent of drivers 15 to 19 years old involved in fatal crashes were reported as distracted. This age group has the largest proportion of drivers who were distracted at the time of the fatal crashes they were involved in, the NHTSA says.

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

Injured In An Accident By a Distracted Driver? Act Now

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

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

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

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Studies Show Drivers Should Wait to Drive After Suffering a Concussion

A blow to the head may cause longer-term brain damage than previously thought and make it dangerous to drive a car even after concussion symptoms have subsided, a recent study of college students says.

The study at the University of Georgia examined 28 college students, half of whom had had a concussion two weeks earlier and half of whom had no injury. Researchers said subjects with concussions often had slower reaction times and scored lower on tests of thinking skills.

Drivers with concussions had slower reaction times than those without a head injury by an average of nearly one second, a UGA news release about the study says. Slowed reaction time is a predictor of crash risk, and split-second delays can be critical in avoiding a car accident.

The tests included simulations calling for split-second decision-making, including a child running in front of the car. The study participants with concussions took 0.03 seconds longer to react, which equated to 3 feet in stopping distance. Additionally, drivers were tested on their reaction to a stoplight. It took the drivers with concussions 0.24 seconds longer to react, an equivalent of nearly 16 feet in stopping distance, compared to drivers without concussions.

How Long to Wait Before Driving After a Concussion

“Our study suggests that complicated driving skills, the kind involving split-second reaction times that could mean the difference between life and death, are the ones that may take the longest to regain after you have a concussion — even when all of your symptoms have resolved,” Julianne Schmidt, co-director of the UGA Concussion Research Lab, says in the news release.

Schmidt found similar results in a 2017 study of 14 college-age participants who were tested on a driving simulator within 48 hours after they no longer felt the effects of their concussions. That study was published by the Journal of Neuroscience. The newer study was presented at a virtual meeting of the American Academy of Neurology in August and awaits peer review, according to U.S. News & World Report.

In a 2018 study, Schmidt found that a majority of student-athletes did not refrain from driving at any point following their previous concussions despite generally believing that driving immediately following a concussion is unsafe.

Signs of Concussion

A concussion is a mild form of traumatic brain injury (TBI). Concussions are usually caused by a blow to the head, such as in a fall, contact sports or an assault. Violent movement of the head, caused by events such as a car accident collision or being shaken, can cause a brain injury.

A person may have some symptoms of concussions immediately, and some can occur for days after the injury.

Signs and symptoms of a concussion may include:

• Headache
• Ringing in the ears
• Nausea
• Vomiting
• Fatigue or drowsiness
• Blurry vision
• Confusion or feeling as if in a fog
• Amnesia surrounding the traumatic event
• Dizziness or “seeing stars”
• Dazed appearance
• Slurred speech
• Delayed response to questions
• Forgetfulness, such as repeatedly asking the same question
• Concentration and memory problems
• Irritability and other personality changes
• Sensitivity to light and noise
• Sleep disturbances
• Psychological adjustment problems and depression
• Disorders of taste and smell.

Is Driving After a Concussion Like Driving Under the Influence?

In her 2017 study, Schmidt found that, even though participants felt like they had recovered from their concussion, they were still likely to drive erratically when using a driving simulator. Their reactions at times were similar to someone driving under the influence of alcohol.

“They had less vehicle control while they were doing the driving simulation, and they swerved more within the lane,” Schmidt said. “This is a pretty large indicator of motor vehicle accident risk, and this is at a time point when they are considered recovered.”

The Concussion Institute referred to Schmidt’s 2017 study and said her researchers also compared their results to those of individuals with neurological diseases like Parkinson’s and multiple sclerosis. The Institute cited an academic study in Australia that showed that individuals who had suffered a concussion have a harder time identifying hazards on the road.

How Long After a Concussion Is It Safe to Get Back Behind the Wheel?

As is often the case after academic research, further study is needed to determine how to apply what has been learned. Schmidt has not developed a timeline for driving after a concussion. After one study, she said post-concussion driving restrictions could deter the injured from seeking medical help.

A Canadian researcher and medical practitioner commenting for the Ottawa Citizen’s lengthy examination of Schmidt’s 2017 study said he usually tells patients they can drive after a concussion or other more serious brain injury. But he also reminds patients that they are responsible for being fit to drive.

Dr. Shawn Marshall, head of physical medicine and rehabilitation at the Ottawa Hospital and a researcher with the University of Ottawa Brain and Mind Research Institute, compared concussion impairments to those for alcohol or marijuana: Having a drink or (in Canada) smoking a joint is legal, but an individual is temporarily impaired from driving because they’ve decided to do that.

Immediately after a concussion, an individual is not fit to drive, Marshall said.

A concussion impairs the individual in three cognitive areas relevant to driving:

• Information-processing speed, or how quickly they take in information and use it
• Dividing their attention between tasks, like checking the speedometer then looking down the road and then refocusing on the rear-view mirror
• Ability to focus.

Driving requires the ability to multi-task and take in information quickly.

Marshall pointed out that new protocols for concussion recovery are to re-introduce activity slowly as tolerated, instead of prescribing complete rest. Marshall compared recovery from concussion to recovering from a sprained ankle: If you can walk without pain, proceed but, if walking causes pain, back off temporarily before trying again.

For driving, a 10-minute commute might be OK, but not a long vacation trip, he said.

“Obviously, if the person is acutely confused and doesn’t know the date or doesn’t know where they are, they shouldn’t be driving,” he said.

Contact a Car Accident Attorney

If you have been injured in a car accident that was caused by a driver who had recently suffered a concussion, their injury could explain the car crash. You should not be left with medical debts for a car accident caused by another driver. In Kentucky, Morgan, Collins, Yeast & Salyer will investigate to determine the cause of the car accident that injured you and move aggressively to recover the compensation you deserve to have.

Contact us online or at (877) 809-5352 today. At Morgan, Collins, Yeast & Salyer, we can provide the Kentucky Courage you need to get through this tough time.

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Kentucky Goes Further in Guaranteeing COVID-19 Workers’ Comp Claims

Kentucky is a leader among more than a dozen states that are guaranteeing workers’ compensation payments to certain workers who have contracted the COVID-19 coronavirus while on the job.

Gov. Andy Beshear issued an executive order on April 9, 2020, that paves the way for immediate temporary total disability payments (TTD) to covered employees “removed from work by a physician due to occupational exposure to COVID-19.” Typically, a worker must be out of work for eight days before being eligible for temporary disability benefits for each lost day of work afterward.

Claims Journal, an insurance industry publication, says at least 14 states have issued administrative orders or legislation requiring that workers who claim they were sickened by COVID-19 receive a fair hearing, if not an outright presumption in their favor when it comes to workers’ compensation claims for coronavirus.

While most orders refer to healthcare workers, emergency responders and certain other front-line workers, Claims Journal declares in a separate article that, “Kentucky Gov. Andy Beshear pushed the envelope furthest” in making workers’ comp benefits available. He extended the presumption of eligibility for workers’ comp benefits related to Covid-19 to include workers in grocery stores, child care centers and domestic violence shelters and other occupations.

Under Beshear’s executive order, Kentucky’s workers’ compensation program will presume that a physician’s order that an employee not report for work is due to occupational exposure to COVID-19 if the employee is an:

• Employee of a healthcare entity
• First responder
• Corrections officer
• Grocery worker
• Postal Service worker
• Military service member
• Activated National Guard member
• Domestic violence shelter worker
• Child advocacy worker
• Rape crisis center staff member
• Department of Community Based Services worker
• Childcare worker permitted by the Cabinet for Health and Family Services to work in a limited duration center during the coronavirus state of emergency.

Essentially, if you or a loved one work in one of these occupations in Kentucky, all you may need is a doctor’s note to qualify for immediate workers’ compensation benefits. Others are to receive benefits if there is a causal connection between the conditions under which the work is performed and COVID-19 and it naturally follows that exposure to coronavirus is a result of job duties.

If your employer or its insurance company balks at paying you the workers’ comp benefits you qualify to receive, an experienced workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer can help. Contact us today. We can give you the Kentucky Courage you need to fight employers and insurers who try to withhold benefits provided by law.

Understanding Workers’ Compensation And Illness Benefits

Workers’ compensation is state-mandated no-fault insurance coverage that most businesses in Kentucky are required to have to protect employed full- and part-time workers in Kentucky. The primary workers’ comp benefit for a worker who has become ill on the job is the payment of all medical costs and partial replacement of lost wages. Workers’ comp pays a portion of lost wages and other benefits for specific disabling illnesses or injuries.

If you suffer from an occupational illness and are employed in Kentucky, under most cases you should never see a bill or make a co-pay for medical care related to that illness. All medical payments for work-related injuries and illnesses are the responsibility of your employer and will typically be paid by a workers’ compensation insurer.

Kentucky workers receiving workers’ compensation benefits also have the right to select a doctor to care for them without input from their employer. In many states, the employer chooses the employee’s doctor or offers several approved providers to choose from. But a Kentucky worker can choose their primary care provider, and that physician may also refer the employee to additional medical care providers, if necessary.

Some employees receive medical care through a managed care program offered by their employer’s healthcare insurance program. In these cases, an ill employee receiving workers’ comp would be required to choose an in-network physician as their primary care provider. However, the employee would still be allowed to seek a second opinion from an out-of-network doctor for major recommendations, such as surgery, and workers’ comp should pay for it.

How Do You Know If You Have A Legitimate Case For Workers’ Compensation?

If you work in certain occupations in Kentucky during the coronavirus pandemic and are told by a physician to stay out of work, you are to be presumed to be out of work because of occupational exposure to COVID-19. This makes you immediately eligible for workers’ compensation benefits.

Guidance from the Kentucky Labor Cabinet says an employer can only deny payment of benefits if the employer has evidence “forming a good faith basis for denial.” For example, the guidance says, “if a grocery worker’s spouse tests positive for COVID-19 and the worker is removed from work solely due to that exposure, the employer may deny the claim since the evidence rebuts the presumption that the exposure was occupational.”

If you are employed in another occupation not listed above and have been diagnosed with COVID-19 or directed to self-quarantine by a physician due to exposure or potential exposure to COVID-19, you will need to demonstrate an occupational connection to the exposure to qualify for workers’ comp benefits. The employer or the workers’ comp insurer is supposed to promptly investigate the claim and may deny payment if there is a good faith basis for doing so.

Gov. Beshear’s order greatly reduces the burden for establishing occupational exposure by requiring only a “casual connection” between your work and a COVID-19 exposure that could naturally occur due to the nature of the work. An example might be additional diagnoses of COVID-19 among your co-workers or a client or customer who could be identified and whose proximity to you or your workstation could be established.

The KY Labor Cabinet applies the expansion of workers’ compensation rights retrospectively to April 9, 2020. It should be understood that any workers’ comp benefits for lost wages may be offset by unemployment benefits received during the same period or by any money received as paid leave under the federal Families First Coronavirus Response Act.

Let Our Lexington, KY, Workers’ Comp Lawyers Help

Kentucky workers have certain rights to workers’ compensation benefits during the COVID-19 coronavirus pandemic. If your employer tries to deny the benefits that you are eligible to receive by law, an experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer can give you the Kentucky Courage you need to stand up and fight for the full benefits available by law.

Don’t fight alone. Contact us today to set up your free legal consultation. We will not charge you a legal fee if we do not recover money for you.

The post Kentucky Goes Further in Guaranteeing COVID-19 Workers’ Comp Claims appeared first on Morgan, Collins, Yeast & Salyer.

from Morgan, Collins, Yeast & Salyer https://www.kentuckycourage.com/blog/kentucky-guaranteeing-covid-19-workers-comp-claims/
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