Thursday, January 27, 2022

Negligent Property Maintenance Can Cause Winter Accidents in Lexington, KY

The onset of winter weather makes many of the potential hazards of negligent property maintenance more dangerous.

From walkways covered by snow to icy parking lots to slipper steps and entrances, property owners need to take care in winter to protect visitors, tenants, and customers from property hazards. When property owners neglect to maintain their property and warn of hazards, visitors may suffer injuries from slip-and-falls or other accidents.

The Lexington, KY, premises liability lawyers at Morgan, Collins, Yeast & Salyer are ready to uphold your rights if you’ve been hurt due to a property owner’s negligence. We work to help our clients rebuild their lives after serious injuries.

Our law firm has recovered more than $300 million in compensation for our clients. If you were injured in a slip-and-fall or other accident on someone else’s property, we can help you seek compensation for your injuries caused by negligent property maintenance. 

Not Clearing Slippery Sidewalks and Walkways

An obvious danger of winter weather is slippery walkways and sidewalks. Local governments in Kentucky have varying laws regarding liability for the maintenance of sidewalks.

In Lexington, residents and businesses are responsible for clearing snow and ice from the sidewalks adjacent to their property. A Lexington city ordinance requires sidewalk clearing when more than four inches of snow has fallen and a street has been plowed.

 In that situation, if a property owner doesn’t make sure sidewalks are cleared of snow and ice or that a warning is posted, the property owner may be financially responsible if an accident occurs. Slip-and-fall accidents can lead to major injuries, including head trauma.

As people enter and exit a commercial building, they may track snow or ice in with them. This can cause dangerous conditions near entrances and exits. Customers or guests may not be looking out for wet floors when they’re inside. As they enter the building, they can easily lose their footing on a slippery floor surface, especially if the floor is made from tile or another slick material.

Managers should make sure any slippery floors are cleaned and should post warnings of slippery surfaces until they are cleared. To minimize slip-and-fall accidents, property and business owners should place non-slip mats near entrances and exits in winter. These mats can help people dry their shoes and avoid tracking snow and ice into the building.

If you are injured on the premises of a commercial property, you should notify the property owner or property management company of your injury and seek medical attention for your injuries.

Not Cleaning the Roof or Gutters

Snow or ice on the roof of a building presents a potential hazard. If snow isn’t removed from the roof after a storm, it can pile up if the weather isn’t warm enough to melt the snow. Over time, the accumulation of snow can put pressure on the roof of the building. If enough snow builds up, it can eventually cause the roof to collapse, potentially causing severe injuries and property damage.

If ice builds up on gutters, large icicles can form. If an icicle falls on someone’s head, it can cause severe head injuries.

Contact a Lexington, Kentucky Personal Injury Attorney for Help

Proving a property owner is liable for your injuries after an accident can be a challenge. In most cases, you’ll need to show that the property owner knew about the hazard and ignored it or that the property owner should have known about the potential danger. You’ll need the help of an experienced personal injury attorney.

The premises liability lawyers at Morgan, Collins, Yeast & Salyer have the experience and Kentucky courage to hold property owners accountable for unsafe property conditions. We will use our experience to build the strongest case possible for compensation for your injuries. You need to contact an experienced attorney immediately after seeking medical treatment. 

We’ll take care of the legal work and communications with the insurance company while you focus on getting the medical care you need. If we can’t reach a reasonable settlement with the property owner’s insurance company, we will be prepared to take your case to court to fight for maximum compensation. Call our office at (877) 809-5352 for a free initial consultation.

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Wednesday, January 12, 2022

Should I Accept the First Settlement Offer From the Insurance Company?

Navigating the Personal Injury Settlement Process

Sustaining an injury in a crash caused by another driver can lead to many questions along with costly medical bills and treatment plans. One of the most important questions we often receive is how our clients will pay for the treatment needed to recover from their injuries.

Because of this concern, it is not uncommon for a prospective or current client to want to accept a first settlement offer so they can move on from the legal process. However, immediately taking the insurance company’s first offer may not be an ideal choice.

Why You Shouldn’t Accept the First Offer

In a first settlement offer, it is not uncommon for an insurance company to disregard all that goes into recovery and only focus on the current damages done to the vehicle and your health. Unfortunately, by doing so, the first offer is often significantly lower than what it may take to accommodate this long-term. As such, it may be advised that you speak with an attorney first before making any deals with the at-fault driver’s counsel or insurance provider.

Maximizing Your Settlement

Working with a car accident attorney provides many benefits when looking to recover damages in a personal injury case. A crucial component of this is working with someone who knows how to maximize the settlement you could receive. Doing so allows you to account for current and future medical expenses, lost wages, vehicle damages, and the pain and suffering you endured during and following the accident.

How Our Kentucky Attorneys Can Help

The team at Morgan, Collins, Yeast & Salyer has over three decades of combined experience defending injured victims in and out of the courtroom. In addition, our lead attorney, Bruce R. Bentley, is a member of the Million Dollar Advocates Forum, earning his space in this group with a record of winning million and multi-million dollar settlements and verdicts.

By choosing Morgan, Collins, Yeast & Salyer to represent you, you are choosing years of success and compassionate representation from esteemed Kentucky accident attorneys. Contact our office today or Call (606) 332-2494 to discuss your legal options today.

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Tuesday, January 11, 2022

The Correlation Between Daylight Savings Time and Fatal Collisions

The Time Change Increases Fatal Accidents

Daylight Savings Time (DST) has been a grievance to millions of people around the world for over a century. Originally created during WWI as a way to conserve energy throughout the year, the act of rolling your clocks forward and back an hour during the spring and fall is a tedious task for any homeowner. However, newer research indicates that this time change also correlates to an increase in fatal crashes across the United States.

Impacts of Drowsy Driving

Researchers from the U.S. Fatality Analysis Reporting System have been analyzing the relationship between these two acts since the mid-1990s, and their studies provide significant evidence of there being negative safety impacts associated with Daylight Savings. The greatest of which is the spike in drowsy driving.

Common verbiage associated with the springtime change is that you “lose an hour of sleep.” However, this does not mean that most people use this as an opportunity to go to bed an hour earlier the night before it happens. Because of this, many drivers are getting behind the wheel feeling more tired than usual. This is ultimately what is contributing to the 6 percent increase in fatal collisions the week following DST, a rate that increases the closer you live to the western edge of your time zone.

Why Drowsy Driving Matters

Similar to drunk driving, being tired behind the wheel can impact the rate at which a driver makes decisions, as well as pays attention to and assesses potential hazards. Add this onto the extra potential of falling asleep behind the wheel and it’s not surprising that DST provides such a shift in fatal accident probability.

Although several researchers and doctors have suggested that it’s better for everyone’s overall health to get rid of DST altogether (states like Hawaii and Arizona choose to not observe it), there is not a clear indication that it will be going away anytime soon – especially considering that most House bills on the topic die on the floor. The best way to combat it, for now, is to make sure that you’re taking care of your body and giving it the rest it needs.

Avoid Negligent Actions While Driving

What most people may not know is that drowsy driving can be considered negligence, and falling asleep behind the wheel contributes to over 6,000 accidents each year. If you or a loved one was recently involved in a collision with a drowsy driver that resulted in injury or death, Morgan, Collins, Yeast & Salyer can help.

Our Kentucky car accident attorneys have over 30 years of experience combatting negligence on the roads and will fight to get the maximum compensation for your case. Contact our office at (859) 327-3383 to schedule a free consultation and get started today.

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Thursday, December 9, 2021

Common Construction Worker Injuries in Lexington

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

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

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

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

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

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

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

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

Types of Accidents and Injuries that Occur on Construction Sites

Some of the leading hazards at construction sites include:

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

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

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

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

  • Head and brain injury
  • Broken bones
  • Spinal cord injury, including damage that can cause paraplegia or quadriplegia
  • Electrocution
  • Burns
  • Crush injuries
  • Suffocation

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

Over-exertion injuries often develop as:

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

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

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

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

Can You File a Workers’ Compensation Claim?

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

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

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

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

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

Do You Have a Personal Injury Claim?

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

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

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

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

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

Contact Our KY Construction Injury Lawyers

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

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

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

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

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Injuries on Non-Emergency Medical Transport

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

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

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

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

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

What to Expect from a Non-Emergency Medical Transportation Service

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

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

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

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

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

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

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

Injuries Caused by Non-Emergency Medical Transportation

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

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

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

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

How Our KY Personal Injury Attorneys Can Help

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

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

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

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

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

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

Contact an Experienced Medical Transport Injury Lawyer

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

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

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

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Wednesday, December 1, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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Thursday, November 18, 2021

Qualifications in Compensating Workers for Permanent Partial Disabilities

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

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

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

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

What Is Permanent Partial Disability?

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

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

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

Common Injuries That May Lead to PPD BenefitsUS Soldier With PTSD

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

Injuries that may lead to PPD, among them are:

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

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

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

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

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

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

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

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

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

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

How to Determine Permanent Partial Disability Benefits in Kentucky

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

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

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

That’s how much your physician-assigned impairment rating matters.Businessman Suffering From Repetitive Strain Injury (RSI)

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

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

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

Contact Our KY Workers’ Compensation Attorneys

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

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