Injured in a Car Accident as a Passenger? Here’s What to Do

A passenger who has been injured in a car accident may make a claim against the at-fault driver’s auto liability insurance and recover compensation for their medical bills and other losses. A passenger who was riding with the driver who caused the crash might be reluctant to file a claim against a friend’s insurance. But auto liability insurance is required in Kentucky so that money will be available to pay the medical bills of people injured through no fault of their own.

You need to speak with a knowledgeable personal injury attorney to have a clear understanding of your rights. The Kentucky auto accident attorneys of Morgan, Collins, Yeast & Salyer can help you seek compensation if you have been injured in a motor vehicle accident that was not your fault. Our personal injury attorneys have recovered more than $300 million for people in Kentucky who were injured when other people’s negligence caused preventable harm.

Call Morgan, Collins, Yeast & Salyer at (877) 809-5352 or reach out online as soon as possible after a car accident to set up a free legal consultation. Find out how the legal team known for its Kentucky Courage can help you move forward.

Protect Your Rights as a Passenger Injured in a Car Accident

Immediately after a car accident, there are important steps to take, if you are able, to protect your right to compensation. Among the first steps should be to seek medical attention and speak with a knowledgeable injury lawyer to understand your rights as an injured passenger. As a passenger injured in a car accident, you should get a copy of the accident report and the information exchanged by the motorists involved.

• Contact an attorney. A knowledgeable attorney at Morgan, Collins, Yeast & Salyer can help you understand your rights as a passenger injured in a car accident. We can determine which insurance policies provide coverage for your injuries and other losses.
• Contact police. This is required by Kentucky law if a car accident has caused injury, death, or $500 or more in damage to vehicles and/or other property.
• Get a copy of the accident report. A state trooper or local law enforcement officer should investigate the accident and file a report. Once it has been filed, obtain a copy of the police report. Police will request the names and addresses of the drivers and vehicles’ owners, vehicles’ registration numbers, insurance information, and names and contact information for passengers in each car. You should get this information.
• See a doctor. If you do not go to the hospital by ambulance from the accident scene, you should see a doctor within 24 hours for a medical evaluation. There are serious traumatic injuries that don’t always cause symptoms right away, including potentially deadly head injuries. Records of your medical care will document the fact that you were injured in the car accident and not by something else later.
• File an insurance claim. File for your medical expenses and other benefits you are due under health insurance or, if you are a car owner, under basic reparations coverage, which auto liability policies sold in Kentucky must include. Basic reparations coverage, sometimes called personal injury protection, is no-fault insurance that pays the policyholder for their medical expenses, a portion of their lost income, and more. The personal injury protection policy of the owner of the car in which you were a passenger also may provide coverage of your medical bills.

Our attorneys at Morgan, Collins, Yeast & Salyer can review the specific details of your car accident and determine the insurance coverages that apply to you as an injured passenger.

Car Accident Involving Uber or Lyft? Here’s What to Know

If you were injured while in a rideshare vehicle (Uber, Lyft, etc.), then you may need to make a claim with the at-fault driver’s auto insurance coverage before involving Lyft or Uber in the claims process.

If the at-fault driver works for Lyft or Uber, you must first make a claim with their auto insurance carrier. If their coverage does not pay for all of your compensable losses, you can then file a claim with Uber or Lyft directly.

If the driver at fault for an accident was in a separate vehicle, you must file a claim against their insurance.

Our attorneys can review the specific details of your accident and identify the insurance policies that apply to you as an injured passenger in a rideshare vehicle.

Can Auto Insurers Claim the Passenger in a Car Accident Was At Fault?

It sounds implausible, but an insurance company might argue a passenger was at fault for an accident and their own injuries if the passenger:

• Took control of the vehicle, such as by grabbing the steering wheel
• Rode with a driver who the passenger knew or should have known was impaired by alcohol, drugs
• Distracted the driver
• Physically obstructed the driver, such as by grabbing their arm, covering their eyes, or injuring the driver.

Schedule a Free Case Review with Our Experienced Car Accident Attorneys

Call a Kentucky car accident lawyer at Morgan, Collins, Yeast & Salyer as soon as you are able if you have been injured while riding in someone else’s car. During the initial consultation, we’ll tell you how we see your car accident claim and how we can help you pursue full compensation for your losses as a passenger in a car accident. If we can move forward, we will handle your claim on a contingency basis. We won’t charge a fee unless we recover money for you.

We have offices in Lexington, Somerset, Hazard, London, Manchester, Princeton, Paintsville, and Paducah and take cases from across Kentucky. At Morgan, Collins, Yeast & Salyer, we’ll provide the Kentucky Courage you need to stand up to insurers and get through this tough time.

Contact a Kentucky car accident lawyer ready to help you now at (877) 809-6889 or online.

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Bodily Injury Liability in Kentucky

Kentucky requires owners of motor vehicles registered in the Commonwealth to carry auto liability insurance coverage on their vehicles.

Generally speaking, car owners must maintain liability coverage of at least the following amounts:

• $25,000 for bodily injury damages sustained by any one person and not less than,
• $50,000 for bodily injury damages sustained by all persons as a result of a single accident.

Liability insurance pays out if the policyholder is responsible for someone else’s injuries in a car accident. As car accident attorneys in Lexington, KY, Morgan, Collins, Yeast & Salyer helps Kentuckians who have been injured in accidents collect insurance payments they need to recover from serious injuries. Our team is proud to have recovered over $300 million for our fellow Kentuckians who were struggling to overcome serious injuries. We want to help you, too, if you’ve been injured by another driver’s negligence.

Reach out to Morgan, Collins, Yeast & Salyer today if you have been seriously injured in a car accident caused by someone else in Lexington. We’ll review your accident and explain your legal options in a free initial consultation.

What Is Bodily Injury Liability, and How Does It Protect You?

Bodily injury liability insurance should pay when the policyholder causes a wreck and is responsible for another party’s injuries. 

However, insurance companies will try to settle a claim for the lowest amount possible. You need an experienced attorney with Kentucky Courage to stand up to the insurer and hold them fully accountable to you.

Coverage Overview: What Does Bodily Injury Liability Cover?

Bodily injury coverage can be used for more than medical bills. It may also be used to cover the following:

• Lost wages: If the injured person was unable to work while recovering, the at-fault driver’s bodily injury liability coverage would pay to make up the income they lost.
• Funeral costs: In a fatal crash, liability coverage would pay for funeral and burial costs instead of or in addition to medical bills.

How Much Bodily Injury Liability Insurance Do You Need?

Kentucky, like most states, requires a minimum amount of liability coverage, known as a 25/50/25 policy. This provides up to $25,000 for one person’s bodily injuries in a crash and up to $50,000 for all bodily injuries suffered in a single crash (and up to $25,000 for property damage suffered). You can be fined up to $1,000 and be sentenced to jail for not maintaining the auto liability insurance coverage required in Kentucky.

You can always buy additional coverage. Insurance brokers suggest that you should buy coverage that matches the value of your assets or your net worth. A lawsuit could seek compensation beyond what your car insurance pays if the injured party suffered catastrophic injuries that were your fault.

Average Cost of Bodily Injury Liability Coverage

The cost of bodily injury liability coverage depends on a variety of factors, including where you live, your driving history, how much coverage you purchase, the make, model, and year of the car you own, and other factors.

Bodily Injury Liability Coverage Limits Explained: Per-Person vs. Per-Accident

Bodily injury liability coverage limits are always quoted as per person and per accident. In a $25,000/$50,000 policy, this means that one person hurt in an accident could claim up to $25,000 for their bodily injuries and lost income, and if multiple people are injured in one accident, there is $50,000 available for all those covered.

If two people were injured in an accident, they could each access as much as $25,000. But if three people were injured, they still have up to $50,000 to draw from, which, if divided evenly, would be only $16,666 each.

Bodily Injury Liability vs. Property Damage Liability Coverage: What’s the Difference?

The second component of auto liability coverage is property damage coverage. Because it is liability coverage, it pays for damage the at-fault driver causes another motorist.

In most cases, auto liability property damage coverage pays to repair or replace a damaged motor vehicle. It can be used for any kind of property damage, such as to a bicycle or for a fence or landscaping destroyed in a car accident. If you had tools and equipment in your car that you used in your job that were destroyed in an accident, the at-fault driver’s property damage coverage should pay for you to replace them.

Schedule A Free Case Review with Our Experienced Lexington Personal Injury Attorneys

If you have been seriously injured by another motorist while driving, let us help you demand the compensation you deserve from their auto liability insurance and/or other assets.

Contact Morgan, Collins, Yeast & Salyer to set up your free consultation. Find out how Kentucky Courage can help you get what you are due.

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The Role of Negligence in Personal Injury Cases

Most personal injury claims are based on the concept that an individual or business failed to fulfill its duties to another individual as a result of carelessness, neglect, or disregard for safety. Negligence may be defined as the failure to act with the level of care that a reasonably prudent person would have exercised under similar circumstances.

Generally, a party whose negligence has led to another’s injury may be held financially responsible for the injured party’s losses. The injured person may sue the negligent party and demand compensation for the costs and losses associated with the injury.

If you have been injured as a result of another’s negligence, turn to the Kentucky personal injury lawyers at Morgan, Collins, Yeast & Salyer to help you with an injury claim. We will focus on how your injury occurred and who may be financially responsible. If we believe you have a valid personal injury claim, we will proudly represent you. Our goal will be to help you seek maximum compensation. We won’t charge you a legal fee unless we are successful.

Four Elements of Negligence in Personal Injury Cases

For a defendant to be held liable in a personal injury case, the injured party must establish certain things. An experienced Kentucky Courage personal injury attorney can seek evidence on your behalf to develop a strong case for compensation. The four elements of negligence, which our attorneys will work to establish, are:

• Duty of Care. In general, we all owe a duty of care to one another and to refrain from actions that could harm others. In a personal injury claim, the duty of care is often established through some relationship between the two parties:
  • A driver has a duty to obey traffic and safety rules to ensure they do not endanger others on the road. If a driver runs a red light and causes a crash with another vehicle, the driver has failed to fulfill the legal obligation to obey traffic laws and drive safely.
  • The owner/manager of a store, theater, park, or apartment complex has a legal duty to ensure the premises are safe for customers and lawful visitors and to warn adequately of any hazards they cannot readily remove.
  • A doctor, nurse, or other medical care provider has the duty to provide patients with a standard of care equivalent to what another reasonable healthcare worker would provide in the same situation.
  • An adult who is supervising children has an obligation to step in as necessary to stop them from being harmed.
• Breach of duty. In most cases, the facts establish the relationship between the injured person and the defendant. The first contested point is usually whether the defendant neglected to act as a reasonable person would have been expected to act in similar circumstances and thereby violated their duty of care. A plaintiff would present evidence that:
  • A driver talked on their cell phone and texted friends while behind the wheel, neglecting distracted driving laws and endangering others on the road.
  • A store owner failed to promptly clean up a spill or post a wet floor sign, thereby neglecting a slip-and-fall hazard.
  • A doctor failed to communicate the results of diagnostic tests and thereby allowed a patient’s cancer to spread undetected and become more difficult to control.
  • A day camp director neglected to hire a qualified lifeguard to supervise pre-teen campers’ afternoon swimming sessions
• Causation. The plaintiff must show that the defendant’s negligence was the cause of the injury. This means it was the cause of injury that would likely not have happened otherwise. For example:
  • The plaintiff suffered a traumatic brain injury when she slipped and fell in juice spilled in a grocery store aisle, and records show the spill occurred 90 minutes prior to the accident – time enough to have cleaned it up.
  • The defendant’s cell phone records and other evidence show the driver was texting when they ran a red light and hit the plaintiff, who was walking in a crosswalk.
  • A young day camper among a group of 12 drowned during a swimming session with no lifeguard present.

  Causation must be foreseeable. A civil court jury will look at the foreseeability of the particular accident. It’s foreseeable that someone could slip and fall if a spilled liquid is left on a grocery store floor. It’s foreseeable that if a driver disregards a red light and runs through the intersection, the careless driver may collide with another vehicle that has the right of way to enter the intersection.

• Compensability. The plaintiff must show that the injury they suffered can be made better with compensation. An injured plaintiff can seek compensation for medical expenses, funeral and burial expenses in a loved one’s death, lost income, property damage, and pain and suffering.

When a personal injury claim results in compensation, Kentucky law follows a doctrine of pure comparative negligence. A jury award can be reduced if the injured person was partly negligent and this contributed to their injury. The award will be reduced according to the share of blame the jury assigns them, but a plaintiff in Kentucky may recover some compensation as long as they were not 100% at fault for their accident or injuries.

Contact Our KY Personal Injury Attorneys

The challenge in a personal injury claim is proving negligence on the part of the individual or institution responsible for the accident. Establishing negligence is a complicated process. You will need an experienced lawyer to have the best chance of a positive outcome. The lawyers of Morgan, Collins, Yeast & Salyer know what to look for and how to find the evidence to develop a successful personal injury claim. We can bring experience and investigative resources to a case that most accident victims don’t have.

Don’t try to deal with insurance adjusters whose job is to pay you as little as possible for a claim. Our attorneys have the Kentucky Courage to stand up to big insurance companies and seek justice for you. Let our experienced team of Kentucky personal injury lawyers put together a strong case and demand the money you need. Call us at (877) 809-5352 today for a free consultation, or reach out online for the help you need.

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I Was A Passenger In A Car Accident. What Happens Next?

If you are injured as a passenger in a car accident, you may have questions about what to do next, who to contact, and who should be responsible for your medical bills.

The first step you should take after any car accident is to seek medical attention. If you are injured, then you need treatment and should follow the doctor’s orders and keep follow-up appointments. After starting treatment, you should have an experienced Lexington car accident attorney review the crash report and explain your rights as a passenger injured in an auto accident.

Uncover the Truth: How to Determine the At-Fault Driver for Your Injury Claim

You may wonder how to pursue compensation if you have been injured as a passenger in a car accident. Your lawyer can determine who was at fault by reviewing the police report, examining any photos or traffic camera video of the accident scene, and taking statements from witnesses to the accident. Our lawyers at Morgan, Collins, Yeast & Salyer have extensive experience determining fault in car accidents and helping injured passengers demand full compensation for their injuries.  Call our law firm first before attempting to deal with insurance companies. We will stand up for your rights as a passenger injured in a car crash.

If the driver of the car in which you were a passenger has Personal Injury Protection (PIP) insurance, that policy should be available to cover the costs of your medical bills up to the limits of the policy. A PIP policy typically provides $10,000 per person for medical expenses and lost wages to the driver and passengers in a vehicle, regardless of fault in an accident. Your attorney can file a claim on your behalf against the driver’s PIP policy.

If the other driver is found to be liable for the accident and your injuries meet certain thresholds of seriousness, our law firm can submit a passenger car accident claim on your behalf with the at-fault driver’s auto insurance company. If the insurance company declines to pay the claim or refuses to agree to a fair settlement, we can file a lawsuit on your behalf against the at-fault driver.

Additional Insurance Options

Passengers injured in an accident may use their own underinsured motorists’ coverage if the other parties’ coverage is insufficient. They may also submit their medical expenses to their healthcare insurance provider.

How Our Lawyers Can Help You with Your Case

If you are a passenger in a car accident and have suffered an injury, let the experienced passenger injury attorneys of Morgan, Collins, Yeast & Salyer review the facts of your case, determine liability for your injuries, and ensure your rights are protected. Our attorneys are experienced in handling injury claims and are known for their Kentucky Courage in standing up to big insurance companies. We will advocate on your behalf for maximum compensation for you.

Schedule a Free Case Review with Our Experienced Car Accident Attorneys

At Morgan, Collins, Yeast & Salyer, we understand how stressful these situations can be, and we can help. Our lawyers are committed to fighting for those injured by the negligence of others. We are proud to help our fellow Kentuckians pursue justice after serious car accidents. Contact us today for a free case review with one of our experienced car accident attorneys.

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$1.1 Million Verdict Secured by Morgan, Collins, Yeast & Salyer in Nursing Home Negligence Case

Attorney Bruce Bentley of Morgan, Collins, Yeast & Salyer won a $1.16 million verdict for the widow and estate of a man who suffered serious fall injuries due to negligent care at a Corbin, Kentucky nursing home.

A Laurel County jury found the Hillcrest Health and Rehabilitation Center was negligent in its care of the 86-year-old man who had been admitted for rehabilitation after suffering a stroke. A lack of proper supervision allowed the man to fall multiple times, eventually causing him to sustain fractures to his leg and foot and suffer agonizing pain.

After a five-day civil trial in Laurel County Circuit Court, the jury awarded $465,000 in compensatory damages and $700,000 in punitive damages to the widow and estate of the man for the harm they suffered.

Our Kentucky Courage attorneys are ready to stand up for your family if your loved one has been harmed due to nursing home negligence.

Attorney Bruce Bentley said the verdict showed that the jury recognized that the nursing home failed to keep its promise to deliver safe and appropriate care and had not provided adequate training and supervision of its staff.

“Nursing homes provide services to the most vulnerable people in society,” Bentley said. “They are well compensated for what they do. They need to do their job.”

“The verdict shows that folks in Laurel County recognize that people are entitled to be compensated when they aren’t treated properly,” he said.

The man suffered two falls in November 2014, the month after being admitted to the facility. The following February, he suffered a third fall while trying to get out of a wheelchair, causing multiple fractures to his leg and foot.

“He was supposed to be in a well-populated area any time he was out of bed,” Bentley said. “There were a number of occasions where the nursing staff would leave him unattended in his wheelchair. He was unsupervised in his room when the third fall occurred.”

The bone fractures were not detected initially because the nursing home sent the man to the hospital for examination of his hip after the fall. Two days later, he was in agony in the nursing home with untreated broken bones. He was sent him back to the hospital, where the bone fractures were diagnosed.

“It’s a great deal of relief that I was able to get these folks a really good result showing that their concerns for their dad and mom were justified and there is some accountability for what happened,” Bentley said.

The personal injury attorneys at Morgan, Collins, Yeast & Salyer stand up for Kentuckians and their families who have been harmed due to the negligence of others. If you have a loved one who has suffered mistreatment at a nursing home, contact Morgan, Collins, Yeast & Salyer to discuss the situation and learn how we can help you demand justice. Our attorneys have the Kentucky Courage to stand up for what is right.

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How To Prove a Back Injury At Work For Compensation

Back injuries are among the most common workplace injuries in Kentucky. Painful back injuries are often caused by work-related wear and tear on muscles, spinal discs, and other soft tissue in the lower back.

If you have suffered a wear and tear injury at work that prevents you from performing your job duties, you may qualify for workers’ compensation benefits. But wear and tear claims are complicated to pursue. You need a knowledgeable lawyer’s help. Because back pain cannot always be depicted with a diagnostic test, many employers will dispute workers’ compensation claims for work-related wear and tear injuries. You need to speak with an experienced workers’ compensation attorney right away if you have a wear and tear claim.

At Morgan, Collins, Yeast & Salyer, we help injured workers with workers’ compensation claims involving wear-and-tear injuries and other serious injuries. Our experienced back injury workers’ comp lawyers are ready to guide you through the Kentucky workers’ compensation system. It takes Kentucky Courage to stand up to an insurance company and fight for just compensation. Our attorneys are known for the Kentucky Courage they bring to each case.

If you have a workers’ comp claim for a wear-and-tear back injury caused by your job duties, contact a Kentucky workers’ compensation attorney today. Schedule a free consultation about seeking the full benefits available by Kentucky law.

What Is a Wear and Tear Injury?

Wear and tear on tendons, muscles, and sensitive nerve tissue caused by repetitive use over an extended period of time can lead to a variety of injuries. These are typically painful sprain and strain injuries of the musculoskeletal system, including joints, muscles, tendons, ligaments, spinal discs, nerves, and blood vessels.

Wear-and-tear injuries are also known as repetitive strain injuries, repetitive motion injuries, cumulative trauma injuries, and work-related musculoskeletal disorders.

Lower back strains and sprains are the most common causes of low back pain. A back injury can cause debilitating loss of flexibility or mobility in some cases. Muscle strains and sprains in the lumbar region are common because the lower back supports the weight of the upper body and is involved in moving, twisting, bending, and lifting.

How Do Back Injuries at Work Occur?

Common workplace back injuries include lower back strains, herniated discs, and pinched nerves.

The two most common factors that contribute to back pain are:

• Force, such as exerting too much force with your back by lifting and/or moving heavy objects.
• Repetition, such as repeating certain movements, which can lead to muscle fatigue or injury.

Undue force and repeated stress on the back can lead to wear-and-tear injuries. Wear and tear is often a factor in jobs that require:

• Heavy lifting
• Repeated lifting, carrying, and pulling
• Bending over desks or other equipment
• Working with heavy machinery
• Standing or walking for entire shifts

Workplace back injuries are also caused by trauma suffered in accidents, such as:

• Slips, trips, and falls
• Falls from roofs, ladders, and elevated platforms
• Scaffolding collapse
• Vehicle accidents
• Being struck by a falling or flying object
• Being thrown by the impact of an explosion

How Can You Prove a Back Injury Is a Result of Wear and Tear?

If your back injury happened gradually because of your job and work conditions, you may have a wear and tear claim and be entitled to workers’ compensation. These can be challenging claims to pursue. Our experienced lawyers know the types of evidence needed to develop your wear and tear claim.

You will need evidence that the degenerative changes to your back are more than would be expected through the normal aging process and that they were caused by your job duties or work conditions.

Our Kentucky Courage attorneys can help you seek a second medical opinion if needed to supplement your medical record regarding the conditions of your job that have contributed to your back pain. The goal is to show that the excessive wear and term to your back occurred as a result of your work or the workplace conditions, leading to back pain.

Workers’ comp benefits include payment of your medical expenses, a portion of lost wages, and disability payments if you cannot return to work. Workers’ compensation insurance provides coverage to injured employees without having to prove that anyone was at fault for causing the injury.

In exchange for businesses purchasing workers’ compensation insurance, Kentucky’s workers’ compensation statutes bar injured workers from suing their employer for a work-related injury, even if their injury was caused by the employer’s negligence.

Kentucky workers’ compensation law says in part, “Injury is defined as any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause of harm evidenced by objective medical findings.”

To prove a back injury caused by cumulative trauma and obtain workers’ comp benefits, you should:

• Contact a Kentucky workers’ compensation lawyer. The Kentucky Labor Cabinet, which administers KY workers’ compensation, says on its own website: “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.”
• Tell your supervisor and/or employer about your back pain. Report any specific work duties that cause or increase your pain or loss of mobility.
• Get a medical exam. Be sure to tell the doctor about work duties that affect your back, such as lifting, carrying, bending, or stretching. Ask the doctor to put any instructions about limiting work duties in writing.
• Report back to your employer any medical diagnosis or doctor’s orders regarding work. Notify your employer in writing if you have been told not to return to work because of a work-related back condition.

Injured By Your Job’s Wear and Tear in Kentucky? We Can Help

A back injury at work caused by wear and tear should qualify for benefits from the Kentucky workers’ compensation system. But the insurance companies often dispute wear and tear claims. You need to call the Kentucky workers’ comp attorneys of Morgan, Collins, Yeast & Salyer will help you seek the maximum compensation available. Our attorneys are known for their courage in standing up for injured Kentuckians against big insurance companies.

Call us now at (877) 809-5352 or contact us online to schedule a free, no-obligation consultation and put Kentucky Courage behind your workers’ compensation claim.

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What Is Workers’ Comp Mediation?

All disputed workers’ compensation claims in South Carolina may be referred for mediation, if the parties agree, in hopes of avoiding the need for a formal hearing. Some complex claims or claims for permanent and total disability must go to mediation. Because workers’ comp claims are for monetary benefits and sometimes for future medical treatment, it is always better to have legal representation when discussing a disputed claim.

The attorneys at Joye Law Firm can help you pursue all of the benefits you are due in a South Carolina workers’ compensation claim, including representing you during mediation. Our South Carolina workers’ compensation lawyers have stood up for injured workers for more than 50 years. We are ready to fight for you, too.

Call us now at 888-324-3100 or fill out this online form for a no-obligation, confidential review of your claim.

What Is Workers’ Compensation Mediation?

During mediation, a neutral mediator helps all sides explore ways to resolve the conflict by using specialized communication and negotiation techniques. Mediators are trained and certified by the South Carolina Bar.

In a dispute over a South Carolina workers’ compensation claim, mediation allows the opposing sides to meet and discuss their differences informally and look for a resolution before the matter is set for a hearing. Mediation is a meeting between the injured worker who is seeking workers’ comp benefits, a representative of the employer and their attorney, and a certified mediator.

The employer’s representative is required by law to have an attorney present during mediation of a workers’ comp claim. The injured worker is not required to have an attorney present but may have representation.  Because the employer will always be represented by an experienced workers’ comp defense attorney, it is extremely important that the worker be represented to protect his or her own interests.

What Is Involved in the Mediation Process?

Workers’ compensation claims are sent to mediation to provide an opportunity for the parties involved to achieve an efficient resolution of disputed issues in the claim. The hope is that mediation can resolve disputes without the necessity of a formal hearing, which saves the time and expense of preparing for a hearing.  It also removes the uncertainty of a decision by a workers compensation Commission.  It is impossible to predict what an individual Commissioner may decide in any particular case.

If you are employed and have been injured while on the job or become ill because of workplace conditions, you may file for workers’ compensation. Benefits include all medical expenses and a weekly check representing a portion of the amount of wages you were earning as you recover.

In cases of fatal workplace injuries, workers’ comp pays benefits to dependent family members.

If your employer or their workers’ comp insurer denies your claim, your case file will go to a Workers’ Compensation Commissioner. The Commissioner may hold a hearing and decide whether you are due benefits.

Before scheduling a hearing, a Workers’ Compensation Commissioner may order any claim to mediation. The two parties to a claim – employee and employer – also may request mediation.

Mediation must be completed within 60 days of the mediation order unless otherwise agreed to by the parties.

The parties share the cost of mediation unless otherwise agreed by the parties or as otherwise ordered by the S.C. Workers’ Compensation Commission.

What Happens at a Workers’ Comp Mediation Session?

The mediation is typically held at the injured worker’s attorneys’ office.  During mediation of a workers’ compensation claim, the mediator initially meets with all parties to initially discuss their respective positions. The parties then separate into different rooms, and the mediator meets with each side individually to relay information, offers and demands from one side to the other. Each side may present evidence, such as medical records, to support their suggestions for what should be done. Typically, emails are sent to the mediator from each side stating their positions and the basics of the claim.

All communications and information exchanged is confidential and cannot be disclosed outside of the mediation, even if the mediation is unsuccessful.

If the claim is resolved, all parties sign a mediation settlement agreement, setting out all the terms of the settlement. The mediator notifies the SC Workers Compensation Commission whether the claim has settled or if the parties cannot reach an agreement.

The best settlement option for your claim will depend on the facts of your case and whether you are likely to need future medical care for a work-related injury or occupational illness.

Contact Our Workers’ Comp Lawyers

If you have a workers’ compensation claim in South Carolina that is being disputed and is headed to mediation, contact our South Carolina workers’ compensation attorneys at Joye Law Firm for help. We help injured workers seek full workers’ comp benefits so they can rebuild their lives.

Call us for a free review of your workers’ compensation claim or use our online case evaluation form. Joye Law Firm has offices with workers’ compensation attorneys in North Charleston, Columbia, Clinton, Summerville, and Myrtle Beach and represents injured workers throughout South Carolina. If you can’t come to us, we’ll come to you.

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Which Trucking Companies Have the Most Accidents?

Large trucks have a significant presence on the nation’s highways. An estimated 439,206 large trucks were involved in police-reported traffic crashes nationwide in a recent year, the National Highway Traffic Safety Administration reported.

These crashes involving large trucks – gross vehicle weight rating greater than 10,000 pounds – resulted in 4,965 people killed and an estimated 146,930 people injured. Seventy-one percent of people killed in large-truck crashes were occupants of other vehicles.

Are some trucks more likely to crash than others? The Federal Motor Carrier Safety Administration (FMCSA), which regulates the U.S. trucking industry, provides a search tool, the Company Snapshot, that provides information about a trucking company’s size, commodity information, and safety record, including crash information.

Any trucking company can be involved in an accident. But those transport companies with larger fleets of tractor-trailers on the highways have a greater likelihood of recording substantial numbers of accidents. Here is what FMCSA records say about 10 trucking companies that are transporting goods across Kentucky, including 5 commercial carriers based in Kentucky.

National Trucking Companies

United Parcel Service

An interstate carrier of general freight, UPS is based in Atlanta, GA.

127,017 drivers. 21,800 power units (trucks, tractors).

Crashes reported to FMCSA by states for 24 months

2,891 total – 73 fatal crashes, 1,034 injury crashes, and 1,784 accidents requiring the truck to be towed.

J.B. Hunt Transport Inc.

An interstate carrier for hire transporting general freight; metal; logs, poles, beams, lumber; building materials; liquids and gases; livestock; grain, feed, hay, coal and coke; chemicals; meat; beverages; and other goods. Based in Lowell, AR, J.B. Hunt Transport has a location in Louisville, KY as well.

26,977 drivers. 24,040 power units.

Crashes reported to FMCSA by states for 24 months

1,811 total – 51 fatal crashes, 575 injury crashes, and 1,185 accidents requiring the truck to be towed.

FedEx Freight

An interstate carrier, shipper, and broker transporting general freight, FedEx Freight is based in Harrison, AR.

23,099 drivers. 18,927 power units.

Crashes reported to FMCSA by states for 24 months

838 total – 24 fatal crashes, 251 injury crashes, and 563 accidents requiring the truck to be towed.

Old Dominion Freight Line Inc.

An interstate carrier and shipper for hire transporting general freight, building and construction materials, metal, machinery, chemicals, beverages, and other goods, Old Dominion Freight Line is based in Thomasville, NC.

12,855 drivers. 10,719 power units.

Crashes reported to FMCSA by states for 24 months

712 total – 31 fatal crashes, 186 injury crashes, and 495 accidents requiring the truck to be towed.

XPO Logistics Freight Inc.

An interstate carrier and broker for hire transporting general freight, liquids, gases, and chemicals, XPO Logistics Freight is based in Ann Arbor, MI.

11,172 drivers. 8,499 power units.

Crashes reported to FMCSA by states for 24 months

665 total – 17 fatal crashes, 173 injury crashes, and 475 accidents requiring the truck to be towed.

Kentucky Trucking Companies

Paschall Truck Lines Inc.

An interstate carrier and broker transporting general freight and passengers, Paschall Truck Lines Inc. is based in Murray, KY.

1,198 drivers. 1,091 power units.

Crashes reported to FMCSA by states for 24 months

115 total – 1 fatal crash, 30 injury crashes, and 84 accidents requiring the truck to be towed.

CoreTrans LLC

An interstate carrier for hire transporting general freight, CoreTrans LLC is based in Somerset, KY.

118 drivers. 124 power units.

Crashes reported to FMCSA by states for 24 months

19 total – 0 fatal crashes, 5 injury crashes, and 14 accidents requiring the truck to be towed.

RAJ Transport Inc.

An interstate carrier for hire transporting general freight, RAJ Transport is based in Lexington, KY.

85 drivers. 89 power units.

Crashes reported to FMCSA by states for 24 months

5 total – 0 fatal crashes, 1 injury crash, and 4 accidents requiring the truck to be towed.

Carnes Trucking Co. Inc.

An interstate carrier for hire transporting general freight, U.S. Mail, fresh produce, meat, refrigerated foods, beverages, paper products, and chemicals, Carnes Trucking is based in Louisville, KY.

54 drivers. 55 power units.

Crashes reported to FMCSA by states for 24 months prior to October 23, 2022

10 total – 1 fatal crash, 2 injuries crashes, and 7 accidents requiring the truck to be towed.

Walbert Trucking Co.

An interstate carrier for hire transporting general freight, motor vehicles, beverages, and paper products, Walbert Trucking is based in Glasgow, KY.

35 drivers. 37 power units.

Crashes reported to FMCSA by states for 24 months

7 total – 0 fatal crashes, 2 injury crashes, and 5 accidents requiring the truck to be towed.

Contact a Trucking Accident Lawyer in Lexington, KY

Commercial truck accidents are different than passenger car accidents. The injuries suffered in a truck accident are typically more extensive. Seeking justice afterward is complicated because there are often multiple parties financially responsible for the crash.

For example, the truck driver, the trucking company that employs the driver, and the owner of the trailer may all have legal responsibility for a truck accident. Vendors who loaded cargo on the truck may also be liable if they made preventable errors that contributed to an accident.

An experienced Kentucky commercial truck accident lawyer from Morgan, Collins, Yeast & Salyer can investigate a truck accident that left you injured or grieving the loss of a loved one and identify those who have financial liability. We may be able to file multiple legal claims for compensation on your behalf. We will help you demand full accountability for your losses.

At Morgan, Collins, Yeast & Salyer, we provide aggressive legal work and compassionate representation for Kentucky families who have been injured by the negligence of others. We have the Kentucky Courage and the resources necessary to stand up to deep-pocketed trucking companies and their insurers.

We’ll fight for full compensation for you and your family. We do not get paid for our legal services unless we are successful in recovering a settlement or a jury award for you. Please call us now at (877) 346-7098 or contact us online to set up your free legal consultation about how a Kentucky truck accident attorney can help you demand justice.

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When A Tree Falls On a Road, Who Is Responsible?

Winter storms and other bad weather sometimes bring trees down onto Kentucky roads. If you should happen to run into a downed tree or a tree were to fall onto your vehicle, it could cause serious injuries to anyone in it. Afterward, as you sought to file an insurance claim, you might not know who’s liable if your car crashed into a tree on the road.

You may be able to collect an insurance payout for your damages if a tree has fallen on your car or your car has hit a fallen tree. It would depend on the circumstances of the accident and what insurance coverage was available.

An attorney at Morgan, Collins, Yeast & Salyer can determine who is financially liable for the downed tree and pursue a claim on your behalf. We have offices located across Kentucky in Lexington, Somerset, Manchester, London, North London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton.

Who May be Liable for a Fallen Tree in a Car Accident?

In the simplest case of hitting a fallen tree while driving or a tree falling on a car, damages from the accident are covered by the driver’s collision or comprehensive auto insurance. Collision coverage covers all collisions, including with a tree. Comprehensive auto insurance covers incidents such as hail damage to a car, fire, vandalism, or being hit by a falling tree.

You may have collision and comprehensive coverage if you are still making car payments or leasing your car. Most car loan and lease originators require these types of coverage to protect the vehicle.

You would file a claim against your collision/comprehensive coverage in a fallen tree accident that was no one’s fault. A healthy tree fell and hit your car, or you came upon a tree on the road too quickly to stop. Your insurer should pay the claim.

Let’s consider two other scenarios to explore whether someone else may have some financial responsibility for a fallen tree accident:

• An unhealthy or dead tree fell and caused an accident. The owner of the property the tree fell from might be liable if they knew or should have known the tree was unstable and posed a risk, or if they knew it fell but did not take steps to adequately mark the danger or remove the tree in a reasonable amount of time. Their homeowner’s or business insurance would include liability coverage to pay the claim. If the unhealthy tree fell from public property, such as the roadside right-of-way or a municipal building’s lawn, the local government might be held liable. The Kentucky Transportation Cabinet is responsible for dealing with fallen trees on state highways.
• Someone was trimming or cutting the tree down. If the property owner caused the tree to fall in an unsafe manner, they and their insurance should be liable. If a hired tree service felled the tree, they would likely be liable. If a renter cut down a tree unsafely and someone was hurt, they or their landlord might be held liable. A landlord might dispute such a claim, but the landlord’s issues with a negligent tenant should have no bearing on your rights.

Why Do You Need A Car Accident Lawyer If A Tree Falls On Your Car?

As your attorneys, Morgan, Collins, Yeast & Salyer can do the investigation necessary to determine whether you have a valid claim against a property owner responsible for a fallen tree that injured you. We can calculate what compensation is necessary to make you financially whole and present your demand to the responsible insurer.

Our accident and injury lawyers can handle your insurance claim and make sure you are paid what you are due. If your injuries are serious and there is a dispute over liability, we may need to pursue a personal injury lawsuit on your behalf and ask the court to settle the matter. However, in most cases, our Kentucky Courage attorneys are successful in negotiating an appropriate settlement without going to trial.

Contact Our Experienced Lexington Car Accident Attorneys

If you have been hurt in a car accident that involved a fallen tree, there may be issues of responsibility to resolve before filing an insurance claim. Instead of getting the runaround from insurers, let an experienced Kentucky car accident law firm pursue your claim as efficiently as possible.

Call Morgan, Collins, Yeast & Salyer at (877) 809-5352 right away to set up a free initial consultation. Find out how Kentucky Courage can help set things right for you.

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Motorcycle Lane Splitting in Kentucky

Lane splitting on a motorcycle – riding alongside other vehicles between lanes of traffic – is a controversial practice. Some say it increases the likelihood of an accident, while others say a motorcyclist avoids certain accidents and injuries by lane splitting.

What’s important for motorcyclists in Kentucky to know is that lane splitting is not illegal in Kentucky. If you are injured during an accident while lane splitting, it should have no bearing on an insurance claim.

If you were lane splitting when you got into a motorcycle accident in Kentucky, the motorcycle accident lawyers at Morgan, Collins, Yeast & Salyer will stand up for your right to compensation. Our experienced legal team provides the Kentucky Courage you need to fight for all of the compensation you deserve after a motorcycle accident caused by another motorist.

Contact us today for a free consultation about your motorcycle accident claim.

What Is Lane Splitting on a Motorcycle?

A motorcycle rider is lane-splitting when he or she rides between two vehicles or lines of traffic headed in the same direction. Riders may split lanes to get ahead of slow-moving or stalled traffic. The maneuver is sometimes called lane filtering when traffic is stopped.

Splitting lanes on a motorcycle might mean riding along the dotted line separating two lanes on a multilane highway, for example. This provides two more terms for the practice: white-lining or stripe-riding.

Is It Legal for Motorcycles to Split Lanes in Kentucky?

There is no state law in Kentucky that expressly bars lane splitting.  But the Kentucky Motorcycle Operators Manual published by the Kentucky State Police refers to lane sharing and says it is usually prohibited:

Cars and motorcycles need a full lane to operate safely. Lane sharing is usually prohibited. Riding between rows of stopped or moving cars in the same lane can leave you vulnerable to the unexpected. A hand could come out of a window; a door could open; a car could turn suddenly. Discourage lane sharing by others.

A police officer may pull over a motorcyclist over for lane splitting in some situations. If an officer thinks a motorcyclist is operating their bike in an unsafe manner, the officer has the legal authority to issue a citation.

Only California and Utah expressly permit motorcycle lane splitting. California adopted lane splitting in 2016. Utah’s law addressing “lane filtering” went into effect in 2019.

Motorcycle safety organizations and academics continue to debate lane splitting. The Motorcycle Safety Foundation (MSF), which is a part of the National Highway Traffic Safety Administration (NHTSA), supports lane splitting. A study by the Safe Transportation Research & Education Center at the University of California Berkeley also supports lane splitting.

A report by the Pew Charitable Trusts cites arguments on both sides of the issue.

Advantages a motorcyclist may achieve by lane splitting include:

• Allowing the rider to position themselves for maximum visibility to other motorists while maintaining safety and control of the traffic situation
• Avoiding being rear-ended by distracted drivers in stop-and-go traffic
• Avoiding road surface hazards, other vehicles, or other mobile hazards
• Maximizing the motorcyclist’s view of the road and traffic ahead
• Maintaining an escape route for motorcyclists who could otherwise be trapped in traffic or struck from behind

According to the Pew report, the AAA auto club opposes lane splitting and has helped defeat legislation to allow it in Georgia, Hawaii, and Texas. “Motorists who don’t expect to be passed by a vehicle traveling between lanes can side-swipe a motorcycle or turn into its path,” Richard Romer, AAA’s state relations manager, told Pew.

The Governors Highway Safety Association, which represents state highway safety departments, has not taken a formal position on lane-splitting. But Richard Retting, a traffic safety consultant to the GHSA, told Pew it is “a very risky activity.”

Injuries in Motorcycle Lane-Splitting Accidents

Because motorcyclists have little protection from the impact of a collision, injuries can be severe and their severity increases with the speed of the motorcycle. A motorcyclist is also subjected to multiple impacts in an accident, as the biker hits the pavement or the motorcycle falls onto the rider.

Some of the common injuries seen in lane-splitting accidents include:

• Traumatic brain injury
• Fractured arms, legs, wrists, and ankles
• Broken ribs
• Blunt force trauma, including internal organ injury
• Deep road rash scrapes and bruising

If a collision does occur while lane splitting, the motorcycle is likely to be moving slowly. “They (motorcyclists) were considerably less likely to suffer a head injury, torso injury, extremity injury, and fatal injury than riders who were not lane-splitting,” the UC-Berkeley study says.

Liability and Motorcycle Lane Splitting

Because there is no law, an insurance company has substantial room to blame the injured rider for the accident or try to get out of paying a claim if a motorcyclist was lane-splitting at the time of an accident.

You can protect your right to compensation after a motorcycle accident that was someone else’s fault by engaging an experienced motorcycle accident attorney. At Morgan, Collins, Yeast & Salyer, we would investigate and analyze the facts on your behalf. The accident report filed by police is just the starting point for evidence we would collect to demonstrate that another driver was at fault for your injuries.

In cases in which another driver acted illegally or irresponsibly, such as by not properly checking blind spots before changing lanes, they may be held liable.

Each motorcycle accident case is different. But if your claim has been denied or you have been offered an inadequate settlement, you should consult with an experienced motorcycle accident attorney who has the Kentucky Courage to stand up to big insurers.

Talk To A Kentucky Motorcycle Accident Attorney Now

If you’ve been hurt in a motorcycle accident that occurred while you were lane splitting, you need an attorney who will protect your rights. Because Kentucky has no specific law about lane splitting, some insurers will declare an injured lane-splitting motorcyclist at fault simply to save money. At Morgan, Collins, Yeast & Salyer, we’ll get the facts and argue the true merit of your claim.

Our Kentucky motorcycle accident lawyers understand how complicated motorcycle accidents can be. We also know how to present the proper evidence that will prove another party’s negligence in a motorcycle accident. Contact us now at (877) 809-5352 or online for your free legal consultation about moving forward with your motorcycle accident claim.

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Flood Damage Lawyer in Paducah, KY

Flood insurance is expensive and often-overlooked protection. The value of having flood insurance became startingly clear when Paducah and other parts of eastern Kentucky suffered catastrophic flooding in July 2022.

Unfortunately, many Kentuckians who have flood insurance have found that their insurance carriers still try to avoid paying valid flood insurance claims.

If an insurance carrier sold you flood insurance and has not responded properly to your Kentucky flooding claim, consult a qualified lawyer now. The attorneys at Morgan, Collins, Yeast & Salyer are ready to review your situation and discuss your options for demanding payment of your flood damage claim. We can determine whether your insurer is acting in bad faith and if so, hold the insurer accountable.

It takes Kentucky Courage to stand up to insurance companies that deny or underpay valid claims for flood damage. Our attorneys at Morgan, Collins, Yeast & Salyer take on big insurance companies and fight for the rights of policyholders like you. Call us at (877) 809-5352 or contact us online to set up your free consultation.

How Does Insurance Cover Kentucky Flooding?

Many Kentucky residents decline to buy flood insurance because the premiums are too costly and they think the risk of being flooded is remote. But homeowners insurance generally doesn’t cover flood damage.

According to one estimate, only 17,250 property owners across Kentucky have flood insurance through FEMA’s National Flood Insurance Program (NFIP), the public program that provides the vast majority of flood policies in the United States. Just 2,485 property owners in the 10 counties in eastern Kentucky that sustained significant flood damage in 2022 had federal flood insurance.

Others may have private flood insurance. Private flood insurance companies can offer coverage that is more affordable or comprehensive than NFIP policies.

NFIP policies offer as much as $250,000 for the structure of your home and $100,000 for your belongings. Private insurers can cover homes for up to $4 million and belongings for up to $500,000. Private coverage may pay to repair a damaged swimming pool, replace items stored in your basement, or pay for a hotel or rental while your home is being repaired after a flood. This is coverage the NFIP does not provide.

How Are Insurers Answering KY Flood Damage Claims?

People who have paid for flood insurance may find FEMA or private insurance carriers reluctant to pay when they file a claim.

A common tactic is for flood insurance providers to demand proof that damage to your home was caused by water and not by wind, which often precedes rising water in storms. Wind damage is covered by your homeowners’ insurance. Separate insurance companies may try to shift the responsibility and point to each other as responsible for your losses.

If you happen to have homeowners’ and flood insurance from the same carrier, they can declare all of your losses are covered by your homeowners’ policy and limit payment to its maximum.

How a Lawyer for Kentucky Flood Damage Can Help

Kentucky law addresses acts of bad faith by insurance carriers. Under the Kentucky Consumer Protection Act and the Unfair Claims Settlement Practices Act (UCSPA), victims can sometimes recover significantly more compensation than the actual value of their underlying insurance claim.

If you have a Kentucky lawyer experienced with bad faith insurance practices handling your claim, you will have a better chance of receiving fair treatment. You can feel confident that you will not be taken advantage of by an unscrupulous insurer.

The attorneys at Morgan, Collins, Yeast & Salyer can investigate your policy and your losses and work to recover what you are owed. We can submit a formal demand letter to an insurance company notifying them of your intention to file suit. If they do not respond appropriately, we will be ready to go to court to demand what’s right for you. We can also file a complaint with the Kentucky Department of Insurance.

Contact Us About Flooding in Paducah, Kentucky

The attorneys of Morgan, Collins, Yeast & Salyer understand how insurers operate, and we can help you get the evidence you need to prove that an insurance company has not responded to your claim in good faith. Call us at (877) 809-5352 or contact us online now to take advantage of a free consultation.

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Morgan, Collins, Yeast & Salyer Sponsors Kentucky Book Festival

Morgan, Collins, Yeast & Salyer is proud to sponsor Kentucky Book Festival.

A program of Kentucky Humanities, the Kentucky Book Festival is a celebration of reading, writing, and publishing which takes place each fall. Festival events seek to connect book-lovers and authors, spark engaging conversations, and empower readers by providing access to new books as well as opportunities to learn more about writing in a fun, supportive environment. It’s the biggest bookish celebration in Kentucky! Learn about writing and publishing, discover new books, make memories with family and friends, and celebrate reading!

Learn more about their efforts on their website here.

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Morgan, Collins, Yeast & Salyer Sponsors Lexington Ballet Company

Morgan, Collins, Yeast & Salyer is proud to sponsor Lexington Ballet Company.

“Lexington Ballet is where my dreams came true. Dancing professionally in the company for a decade has taught me to always be disciplined, to be inspired, and the importance of giving back to the community. The incredible experience with the company and the opportunity to teach at the school has shaped me into who I am today. “

Ayako Hasebe Lloyd

 

Learn more about the organization here.

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What Does a Disability Lawyer Do?

If you have a medical disability that prevents you from working, you may qualify for Social Security Disability Insurance (SSDI) benefits. Unfortunately, roughly 80 percent of first-time SSDI applications are denied, often due to a lack of complete work history information or other preventable errors.

If you are anxious about applying for benefits or discouraged because your claim has been denied, you should have a knowledgeable Paducah disability attorney review your situation and discuss your options. An attorney at Morgan, Collins, Yeast & Salyer can explain how our legal team can assist you in appealing a denied claim. We offer a free case review.

Keep reading to learn more.

What Is the Role of a Disability Lawyer?

The process of applying for disability benefits involves a lot of paperwork. It entails gathering employment records to reconstruct your work history and obtaining medical records that describe your disability.

For many people, the SSDI application process can be frustrating, even overwhelming. Many people with valid claims receive denial letters initially. Our disability lawyers are familiar with the process of collecting records, completing the application forms, and, when necessary, working through the appeals process. With the help of an experienced disability lawyer, you are more likely to be well informed about your options and less likely to submit an incomplete application that can cause delays.

Once you retain the services of a disability lawyer, the SSA will no longer contact you directly. Instead, all correspondence will go to your lawyer. It is the disability attorney’s role to respond to communications on your behalf, so you can focus on your health and family. An attorney can advocate for you in any Social Security hearing or appeal.

How Can a Disability Lawyer Help Me?

Some of the specific ways a disability lawyer can support you during the process of seeking SSDI benefits include:

• Completing application paperwork – Your disability attorney can handle the time-consuming aspects of your claim, including tracking down employment records and completing paperwork to ensure your application is complete.
• Obtaining medical evidence – Medical evidence plays a critical role in SSDI claims. A disability attorney can help you obtain medical records and get you a referral to a specialist for a second opinion to supplement your medical file regarding your disability.
• Communicating on your behalf – A disability lawyer can handle all communications with the SSA on your behalf.
• Managing important deadlines – There are many important deadlines throughout the SSDI application and appeals process. An attorney will keep track of the deadlines to avoid unnecessary delays.
• Supporting you during appeals – If your application is denied, a disability lawyer can prepare an appeal on your behalf and represent you at any subsequent hearings.

Where to Find a Good Disability Lawyer in Paducah

If you’re wondering how to find a good disability lawyer in Paducah, KY, turn to the trusted legal team at Morgan, Collins, Yeast & Salyer. Our attorneys are known for summoning Kentucky Courage to fight for justice for injured people who are facing difficult circumstances. We are honored to help our fellow Kentuckians seek the disability benefits available by law when they are unable to continue working due to a disability.

We are committed to providing compassionate, professional legal representation to people like you. Contact us today at 877-809-5352 or by filling out our online form for a consultation. We look forward to getting to know you, understanding your concerns, and helping you pursue SSDI benefits.

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Occupational Diseases and Workers’ Compensation

While most workers’ compensation claims involve traumatic injuries suffered in the workplace, the insurance program for employees also covers occupational diseases. An occupational disease is any ailment that arises out of an individual’s employment.

Workers’ compensation is insurance that most employers are required to purchase to protect their employees. It provides benefits to employees who have developed work-related injuries or been diagnosed with an occupational disease. Workers’ comp benefits include:

• All medical expenses related to the treatment of the disease, including reimbursement for the cost of prescription drugs, medical devices, and travel to and from medical appointments
• Payment of a portion of average weekly wages 
• Stipends for retraining to return to work.

If you are diagnosed with an illness related to your employment and cannot return to your current job, you may be entitled to workers’ compensation benefits. If you are in Kentucky and have questions about the benefits available to you, contact a workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer. 

Our attorneys are known for their Kentucky Courage when standing up to big insurance companies on behalf of injured people. Our law firm has recovered more than $300 million in workers’ compensation benefits for our hardworking Kentucky clients. We are ready to fight for you.

What Is Occupational Disease?

Under Kentucky workers’ compensation law (KRS 342.0011), an occupational disease is one for which it is reasonable to draw a connection between the conditions under which the employees work and the disease. The disease can be traced to the employment as the most closely related cause.

In a typical year, coal workers’ pneumoconiosis (CWP) is the most common occupational disease cited by Kentuckians in applications for workers’ compensation benefits based on a disease diagnosis. Of the 285 occupational disease benefits applications filed in 2020-2021, 259 were for coal workers’ pneumoconiosis (90%).

It may not surprise you that in 2020-2021, the most common cause of first-time reports of work-related injury for workers’ comp was COVID-19. The 12,646 cases of work-related COVID-19 topped the second-most common first report, injuries caused by falls or slips (6,597), and No. 3, injuries caused by lifting (2,767), according to the Department of Workers’ Claims’ (DWC) annual report.

A full list of occupational diseases that may qualify a worker for workers’ compensation is lengthy. The International Labour Organization maintains an extensive and widely recognized ILO List of Occupational Diseases. Since the first ILO list in 1925, it has played a key role in aligning policies on occupational diseases among industrialized countries.

When Can You Seek Workers’ Compensation for an Occupational Disease?

An employee is eligible for workers’ compensation benefits once an injury or disease has forced the individual to miss work for seven days. After missing seven days of work, you are eligible for temporary disability payments equivalent to two-thirds of your weekly wages while you remain out of work, in addition to payment of your medical expenses. When you have been out of work for 14 days, you can obtain disability payment for the first seven days you were out of work.

You should notify your employer immediately if you have been diagnosed with a disease that will force you to miss work for an extended period of time.

It is up to the employee to file for workers’ compensation benefits, but the system is not very easy to navigate. You are likely to encounter procedural issues and other technicalities that make it complicated to obtain the benefits you need.

The Kentucky Labor Cabinet’s workers’ compensation page for injured employees says twice that, “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.”

Contact a KY Workers’ Comp Attorney

Don’t risk a mistake in your workers’ compensation benefits application that causes delays or leads to a denial of the workers’ comp benefits you need. A Morgan, Collins, Yeast & Salyer workers’ compensation lawyer will focus on your claim so you can focus on getting better.

We’ll help you seek the maximum workers’ compensation benefits available as we have with many others. We consider it a privilege to use our legal skills to help our fellow Kentuckians. Contact us now to schedule your free consultation.

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Broken Ribs Caused by a Car Accident: What Should I Do?

People involved in car crashes frequently suffer broken ribs. The force of an airbag inflating or the impact of the torso hitting a door panel, steering wheel or seat back can crack one or more ribs.

The problem with broken ribs is that the jagged edge of a broken bone can damage internal organs, such as causing a punctured lung. A lesser rib injury, known as bruised ribs, while painful, can be shrugged off by some people. But both broken and bruised ribs can be painful enough to limit breathing, which can lead to pneumonia. Pneumonia can be life-threatening, particularly in older people.

If you suffer a blow to the chest that causes continued pain that increases when you inhale, you should see a doctor as soon as possible. If you have sustained broken ribs in a car accident caused by another driver in Kentucky, you should speak to our car accident attorneys at Morgan, Collins, Yeast & Salyer. It’s important to understand your legal options if you have been injured in a crash caused by someone else. Our Kentucky Courage attorneys are ready to help you seek compensation for your medical bills, lost work time, pain, suffering, and more.

Signs and Symptoms of Bruised and Broken Ribs

Ribs are long, thin bones that are prone to breaking from a direct blow to the chest or rib cage. When subjected to trauma, the ribs may fracture or break into two or more pieces.

An X-ray or other imaging test can determine whether you have broken ribs.

The main symptom of broken ribs is pain when taking a deep breath, sneezing, laughing, or coughing. There may also be bruising or swelling around the ribs.

The term “bruised ribs” refers to a contusion in the soft tissue above the rib cage. The main symptoms of bruised ribs are pain, swelling, and skin discoloration. Breathing, coughing, laughing, or sneezing can all cause pain.

Bruised and broken ribs heal on their own in most cases. A doctor may prescribe medication to control pain and reduce inflammation. A patient may be prescribed breathing exercises to ensure they keep their lungs fully inflated as they heal.

Because the risk of complications increases with age, older patients may require hospitalization.

Broken ribs typically heal in 6 to 8 weeks.

Pneumonia and Other Potential Complications from Broken Ribs

A patient with one or more broken ribs may take short shallow breaths because of the pain, and try to move as little as possible. But not taking full breaths can lead to the collapse of the air sacs in the lower reaches of the lungs. That can subsequently lead to pneumonia.

The more ribs you have broken, the more dangerous the injury. In patients older than 65 years of age, each additional rib fracture increases the risk of pneumonia by 27% and the risk of death by almost 20%, according to the Journal of the American Medical Association (JAMA).

The Mayo Clinic says about 30 to 35% of people over 65 with rib fractures contract pneumonia.

If broken ribs are bent or displaced, they may puncture the lungs or another organ, or major blood vessels. This requires immediate surgery to put the ribs back in place and prevent further complications.

A more serious rib injury known as flail chest — two or more contiguous rib fractures with two or more breaks per rib — may require surgical stabilization. This is a serious operation that requires a lengthy recovery.

If you have suffered broken ribs due to another driver’s negligence and you have incurred medical costs to treat broken ribs

What Should I Do About Possible Broken Ribs?

Some Kentuckians return to work and simply grit their teeth at the pain of bruised or cracked ribs. But it’s important to take precautions and seek prompt medical attention to prevent further complications.

If you have suffered a blow to the chest or rib cage, you should see a doctor if:

• It hurts when you inhale
• You have difficulty breathing
• You have a very tender spot in your chest or rib cage.

While some people do manage the pain and heal within a month or two, a person with broken ribs can develop pneumonia or other complications requiring medical intervention.

Many people worry about the cost of medical care and losing income if they are hospitalized or receive doctor’s orders to rest. But if someone else has caused your injury, you may be entitled to hold them financially responsible for your medical expenses, lost income, and other losses related to the injury. You may seek compensation by filing a claim against the at-fault driver’s auto liability insurance or other insurance policy, depending on the type of accident.

You should see a doctor within 24 hours of being injured in a car accident, a fall, or any other trauma. There are several serious injuries that do not exhibit symptoms until several hours later.

If someone else caused a car accident that injured you, contact an experienced car accident lawyer.

Contact a Car Accident Lawyer in Kentucky

Broken ribs suffered in an auto accident can lead to serious complications requiring hospitalization. A rib injury also can limit your ability to work and support your family. If you or a family member has been injured by a careless driver or someone who was driving while impaired, call our car accident attorneys at Morgan, Collins, Yeast & Salyer as soon as possible. We have the knowledge, the resources, and the Kentucky Courage to stand up to big insurance companies and help you pursue full compensation for your losses.

Call Morgan, Collins, Yeast & Salyer at (877) 809-5352 right away to set up your free consultation. Find out how Kentucky Courage can help you get through this.

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SSDI Trial Work Period in Paducah

Many people who receive Social Security Disability Insurance (SSDI) payments think that if they do any kind of work for money, they will lose their disability benefits. But the law does provide a trial work period during which you can work and still draw disability benefits.

The Social Security Administration (SSA) allows SSDI recipients to accept employment without risking their benefits as long as their income does not exceed certain limits. If you receive SSDI benefits, you have the right to a 9-month trial work period in which you can receive your full benefits, regardless of the amount you make.

Do you have questions about working while receiving SSDI or other aspects of disability benefits? The experienced Paducah SSDI lawyers at Morgan, Collins, Yeast & Salyer know that the Social Security disability program is complex and that it’s easy to misinterpret the guidelines.

We understand the rules and the common problems that arise when Kentuckians seek Social Security Disability Insurance benefits. We can help you seek the benefits available to you by law. Call us or contact us online to schedule a free discussion of your SSDI claim and how we can help you.

SSDI Recipients Have a Right to Trial Work Periods

Social Security Disability Insurance pays benefits to you and certain members of your family if you meet the criteria for benefits and you have paid Social Security taxes on your earnings for a long enough period of time.

To be eligible for SSDI benefits, a person must be unable to engage in substantial work activity. A person whose income exceeds a certain amount set by the Social Security Administration is ordinarily considered to be engaging in substantial gainful activity.

For 2022, you can earn up to $1,350 a month ($16,200 a year) before you are categorized as engaging in substantial gainful activity. For someone who is blind, the threshold in 2022 is $2,260 a month ($27,120 a year).

Because the Social Security Administration encourages people to work if they are able, SSDI benefit recipients may participate in a trial work period for 9 months, without affecting their disability benefits, regardless of how much money they make. The trial work period does not apply to recipients of SSI benefits.

How Is the SSDI Trial Work Period Calculated?

It’s important to understand that the Trial Work Period constitutes a 9-month allowance. The 9 months do not have to be consecutive, and the SSA considers earnings across a 60-month window of receiving SSDI.

In 2022, any month in which you earn $970 or more will trigger a TWP and count toward your 9-month maximum. If you earned $1,500 in January 2022 and $800 in February and then realized you could not continue to perform the job, yaou would have used one of the nine months allowed as part of the trial work period. If you were receiving SSDI in 2021 and made more than $940 in November 2021, that would be counted as another of your 9 months.

If you start a job as a self-employed person, any month you earn $970 or work more than 80 hours in 2022 counts as a TWP service month.

A disability benefits recipient is typically entitled to only one 9-month trial period during a five-year period. Once you have completed the trial work period while receiving SSDI benefits, then you will be subject to the monthly earnings cap.

To start a new trial work period, the individual’s SSDI benefits would have to end and they would then have to either file a new application and qualify for SSDI benefits or obtain an expedited reinstatement.

What If You Have to Stop Working After Beginning a Trial Work Period?

If an individual loses SSDI eligibility and is subsequently reinstated for disability benefits, they will be allowed a new trial work period.

What Is the Extended Period of Eligibility?

The Extended Period of Eligibility is 36 months in which you continue to receive SSDI benefits any month your earnings or work activities do not meet the threshold to qualify as substantial gainful activity. This ensures the availability of disability benefits for three years, regardless of whether the beneficiary continues to work.

During the extended period of eligibility, the SSA evaluates the individual’s work and earnings to decide whether he or she can continue to work at the substantial gainful activity level.

A beneficiary who earns more than the income limit during the extended period of eligibility will lose their benefits. If earnings fall below the income limit during the period, disability benefits start again without a new application.

Even when a disability benefits recipient has monthly earnings that exceed the income limit to qualify for disability checks, the Social Security Administration will pay benefits for that month and the following two months. If earnings fall back below the income limit within the 36-month extended, disability benefits begin again.

Get in Touch with One of Our SSD Attorneys

Every individual’s disability is different and there are many factors that can affect your ability to work at some level and receive Social Security Disability Insurance benefits. If you are receiving SSDI benefits but have an opportunity to work, let Morgan, Collins, Yeast & Salyer help ensure you continue to receive all the benefits you are due.

Social Security Disability Insurance benefits are paid to those who have worked and paid into the Social Security system. Contact Morgan, Collins, Yeast & Salyer in Paducah, KY, for a free discussion of how we can help protect your rights and your SSDI benefit.

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