Attorneys McKinnley Morgan and Roy Collins Mark 20 Years of Kentucky Courage

It’s time for a celebration. Lawyers Roy Collins and McKinnley Morgan are celebrating a milestone— 20 years of practicing law together. The two partners at Morgan, Collins, Yeast & Salyer recently reminisced about their longstanding partnership that has provided Kentucky Courage to so many people struggling to overcome serious injuries.

Before Roy Joined McKinnley

Today, the law firm has eight offices in cities and towns across Kentucky. Back in the early days, McKinnley and his then-law partner, Rickey Bailey, practiced law in the eastern Kentucky counties of Clay and Leslie.

Roy entered the picture when he graduated from law school and took a job with a Laurel County insurance defense law firm. Roy was on the opposite side in several car wreck cases where McKinnley and Bailey represented the accident victims. Asked who won those cases, Roy replied: “It wasn’t a matter of winning. It was a matter of not losing as much as they wanted.” No matter which side won or lost, Roy made a strong, positive impression on McKinnley.

“My deal always was to try to grow a practice by learning who was on the other side of cases,” McKinnley said. “Roy was there working hard for less than I thought Rickey and I could afford to pay him. He was doing a good enough job that we decided to steal him.”

Roy Joins McKinnley’s Law Firm

Roy joined McKinnley’s law firm as an associate in April 2000. His role in the firm changed dramatically when fate intervened. Roy recalled, “I’d been there about three months when we got a telephone call, late Saturday night or early Sunday morning, that Rickey Bailey, McKinnley’s partner, had been killed in an ATV crash.” The tragic accident occurred on July 16, 2000.

“Three or four days later, McKinnley and I had dinner, walked down his driveway and shook hands on a deal,” Roy said. “And that has been our deal ever since.”

McKinnley now focuses on workers’ compensation and Social Security cases, while Roy handles personal injury matters. However, in the early days, the two handled cases together. Their first case together was a medical malpractice case – and a memorable one at that.

McKinnley and Roy’s First Case as Partners

The two lawyers went to visit a client who was injured during a gallbladder operation. “The lady was hallucinating,” said McKinnley. “She was seeing folks that weren’t there. “Her sister’s name was Elizabeth,” recalled McKinnley. “I asked her, ‘Have you seen Elizabeth recently?’ She said, ‘I sure have. The night before last. She was standing at the foot of my bed.’ Roy and McKinnley both knew that Elizabeth had been dead for 10-15 years.

“The woman had developed an infection that had caused her to hallucinate,” Roy said. “The infection was caused by a gallbladder operation where the surgeon nicked her bowel but failed to recognize it. She became septic and had all sorts of issues.” Roy and McKinnley took the woman’s case to trial and won a seven-figure verdict.

Thus began the legal bond that has lasted for 20 years — and counting. In today’s legal world, where lawyers often come and go, the length of time Roy and McKinnley have been together is nothing short of a true accomplishment. “I don’t know of another plaintiffs’ group that has made it for 20 years,” Roy said. “I don’t either,” McKinnley said.

How have they done it? The two partners say they have learned how to settle their own differences.

“When any situation arose that we needed to talk about, we could lock the door, cook dinner, resolve it and move on,” McKinnley said. “That’s happened several times. There’s nobody that will be a partner in business for 20 years and not have a disagreement.”

Roy also gives credit to the strength and tenure of the firm’s support team. “We’ve got some key staff that were here when I came,” Roy said. “We’ve got a core group of folks, and a couple of them have been here more than 25 years. They have helped us immensely. “We can’t be too bad of folks if we can keep people around for 25 years,” Roy added.

Roy and McKinnley said they sometimes differ on their legal philosophies. “In the workers’ comp arena, the rules are more relaxed and not as rigid as the civil world,” McKinnley said. “Roy thinks I let the defense get away with murder in many cases.” Said Roy, “I guess it’s not as much a legal philosophy as it is a business philosophy. We both agree that if you take care of the client, they’ll take care of you. If you take the time to talk to these folks and treat them like human beings – and not like a number – that will pay dividends greatly.”

Shared Goals and Success

The two lawyers say they share simple goals. “The first common goal we have is to try to get people as well as they can get medically,” McKinnley said. “Our second simple goal is to get as much damn money as we can for our clients.” Not surprisingly, the law firm has earned a stellar reputation. “We have represented four or five generations of families,” Roy said. “We’ve been with them so long that now they invite us to the family reunion.”

With success, the firm has expanded and added more attorneys and partners, allowing it to serve more clients. Asked what the gift is for the 20-year anniversary, McKinnley quipped: “It’s a bottle of Old Pogue.” Old Pogue is a premium brand of Kentucky bourbon whiskey.

Now that the lawyers have been together 20 years, what will the next 20 years look like?

“I’m going to be fishing,” McKinnley said.

“I hope to be right there with him fishing, too,” Roy said.

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Car Accidents and Auto Insurance in the Age of Coronavirus

Many people out of work because of the COVID-19 coronavirus shutdown are taking delivery driver jobs that could run afoul of auto insurance policies if they get into a car accident. You may need a commercial car insurance policy to cover an accident you get into while on the job working as a delivery driver.

If you start driving as a job and don’t inform your auto insurance company, a future car accident claim could be denied. On the other hand, some insurers are extending coverage to policyholders who use their personal vehicles for delivery jobs during the COVID-19 pandemic.

The bottom line is that you need to know what your auto insurance covers if you change how you use your vehicle. Unless you are a lawyer with insurance law experience and understand the details of your auto liability policy, you should contact your insurer to confirm your coverage. We suggest getting any approvals or guarantees in writing.

If you have been injured in a car accident while working as a delivery driver, you should speak to a lawyer experienced with car accidents, workers’ compensation, and insurers acting in bad faith. In Kentucky, that’s Morgan, Collins, Yeast & Salyer, experienced and dedicated injury attorneys backed by Kentucky Courage.

Does Auto Insurance Cover a Delivery Driver During COVID-19?

The COVID-19 virus does not change your auto insurance coverage, but your driving habits might change.

If you have begun a new job that requires you to use your own vehicle, such as work as a delivery driver, your auto insurance may not cover you while you are on the job. Auto insurers charge more for commercial driving policies than for personal use of a vehicle because commercial drivers spend more time on the road, which increases their risk of an accident.

You should contact your insurer and ask about obtaining a special business use endorsement on your car insurance policy if you have taken on part-time or full-time delivery driver work. This applies to any kind of commercial delivery, from pizza to packages to prescription drugs.

In light of COVID-19 restrictions and the uptick in delivery jobs, several insurance companies are extending coverage to customers who are using their personal vehicles to make deliveries of “essential items,” such as restaurant take-out meals, groceries, pharmacy products, and medical supplies. According to CarInsurance.com, participating insurance companies include:

• AAA
• Allstate
• Farmers Insurance
• Liberty Mutual
• Met Life
• Nationwide
• Progressive
• Safeco (a Liberty Mutual subsidiary)
• Travelers
• USAA

But don’t assume your insurer will cover you. Contact them to make sure.

In some cases, the business you work for may offer auto insurance that covers you while you’re making deliveries, which you can get in addition to your own coverage. Ask about it.

Does KY Workers’ Compensation Cover a Delivery Driver During COVID-19?

Workers’ compensation is state-mandated no-fault insurance coverage that most employers in Kentucky are required to provide for their full- and part-time employees. Workers’ comp provides benefits to workers who are injured or become ill because of their job duties, including payment of medical expenses and a portion of their lost salary.

If you are employed as a delivery driver and are injured in a car crash or other type of accident while making deliveries as part of your job, you should qualify for workers’ compensation benefits. This includes a car accident, a slip-and-fall accident while walking a delivery to the recipient’s door and a dog bite during a delivery. Your main task to obtain benefits is to demonstrate that you were on the job when injured.

Whether the treatment for COVID-19 contracted while on the job as a delivery driver is covered by workers’ compensation is an open question. Some in the insurance and legal fields are arguing that because COVID-19 is a pandemic, getting it cannot be shown to be a workplace injury.

Our workers’ compensation attorneys would argue that you do qualify for benefits as an employee of a life-sustaining retail business exempted from Kentucky’s emergency closure order. You had a greater risk of exposure to the coronavirus through your job duties than other Kentucky residents remaining at home under stay-at-home orders.

If you believe you have a case of COVID-19 coronavirus that you contracted while on the job and/or because of your assigned job duties, you should notify your employer as soon as you or someone assisting you can. It’s entirely possible to file a legitimate workers’ comp claim and have it denied or challenged by your employer or the employer’s workers’ comp insurance administrator. If that happens, you should contact an experienced workers’ compensation attorney. It takes Kentucky Courage to stand up for yourself and keep fighting when your claim has been turned down. Let us help.

Contact Our Kentucky Courage Legal Team

There is no excuse for insurance companies, employers, policymakers or anyone to use the COVID-19 pandemic as an excuse to deny benefits to individuals hurt in accidents during the lockdown or who have contracted the virus while working. The personal injury attorneys of Morgan, Collins, Yeast & Salyer will help you fight for benefits and other insurance compensation you are due.

Our team of attorneys pursues full compensation for clients like you through personal injury claims, workers’ compensation, third-party work injury lawsuits, and Social Security Disability benefits. That’s Kentucky Courage – when our neighbors stand up for what they deserve, and we join them in the fight for what’s right.

The law firm of Morgan, Collins, Yeast & Salyer has eight offices across Kentucky. During this time of crisis, we are serving you remotely as well. Contact us today at (877) 809-5352 or online for a free, no-obligation consultation if anyone is challenging your rights to compensation for an injury or illness suffered on the job or through no fault of your own.

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How to Keep Up with Your Medical Care During the COVID-19 Shutdown

Individuals with ongoing medical needs may be concerned about obtaining medical care during the COVID-19 pandemic. Any patient seeking medical care should know that medical offices are essential businesses and are exempt from Kentucky Gov. Andy Beshear’s order closing all non-life-sustaining businesses.

Medical professionals are expected to practice safety protocols, such as social distancing. You can get the medical care you require in Kentucky without unnecessary risk of exposure to the COVID-19 coronavirus.

At Morgan, Collins, Yeast & Salyer, our attorneys represent clients who have suffered a personal injury or workplace injuries, and for whom receiving ongoing medical care is often a necessity. The Kentucky personal injury and workers’ compensation lawyers of Morgan, Collins, Yeast & Salyer stand beside you during this trying time with the Kentucky Courage we bring to the table as your attorneys. If you need our help, don’t hesitate to contact us at (877) 809-5352 or online.

What to Expect from Doctors During the COVID-19 Shutdown

The Centers for Disease Control and Prevention (CDC) has issued guidelines for all U.S. healthcare facilities to respond to community spread of the COVID-19 coronavirus. “Community spread” refers to the presence of the virus in a specific area, including among some people who are not sure how they became infected.

The CDC reaffirms that maintaining a functioning healthcare system is of paramount importance. “It is critical for healthcare facilities to continue to provide care for all patients, irrespective of COVID-19 infection status, at the appropriate level, whether that involves home-based care, outpatient treatment, urgent care, emergency room care, or hospitalization.”

The CDC is advising medical offices to explore alternatives to face-to-face triage and visits. This includes:

• Instructing patients to use available patient portals, online self-assessment tools, or to call and speak to an office/clinic staff member if they have coronavirus symptoms, such as fever, cough, or shortness of breath.
• Identifying staff to conduct telephone and telehealth interactions with patients. Medical offices are to develop protocols so staff can assess patients quickly.
• Determining measures to identify which patients can be treated by telephone and which patients will need to be seen at the doctor’s office or at emergency care.
• Instructing patients that if they have respiratory symptoms they should call before they leave home, so staff can be prepared to care for them when they arrive.

The Kentucky Medical Association is urging physicians to follow guidance from the CDC and the Kentucky Cabinet for Health and Family Services. A major initiative of the KY Cabinet is to promote the adoption of telehealth services across the Commonwealth.

‘Telehealth’ Technology Increases Remote Medical Care Options

“Telehealth” is the use of electronic information and telecommunications to support long-distance clinical health care, patient and professional health-related education, and public health and health administration. Technologies include videoconferencing, store-and-forward imaging, streaming media, and wireless communications.

In normal times, telehealth can connect patients who live in rural areas to services offered by distant providers. This capability enables patients to receive care in their communities and avoid long travel times. Today, telehealth allows all of us to stay at home and receive care we need without exposure to COVID-19.

Many healthcare organizations are already set up to provide telehealth. All a patient needs to use telehealth services is a stable internet connection and a computer, tablet or smartphone. Hospitals, clinics, doctors’ offices and other healthcare providers are all bound by the same requirements as in face-to-face visits to keep your health information safe.

Medicare, Medicaid, and the Kentucky Department of Insurance have authorized the increased use of telehealth services under COVID-19 prevention protocols. Medicare has specific services that may be offered via telehealth. The Kentucky telehealth law requires Medicaid and managed care organizations (MCOs) to cover medical services provided via telehealth to the same extent they cover medical services provided in-person.

The KY Department of Insurance prohibits insurers from requiring that a patient have a prior relationship with the provider in order to have services delivered through telehealth, if the provider determines that telehealth would be medically appropriate.

Under emergency rules, the following services are permissible as telehealth services or as a telecommunication-mediated health service:

• Applied behavioral analysis
• Behavior supports and counseling services
• Case management
• Certified alcohol and drug counselor (CADC) counseling
• Comprehensive community support services
• Day treatment
• Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) benefit services
• Group outpatient therapy
• In-home services, such as personal care or homemaking
• Intensive outpatient program services
• Mobile crisis services
• Partial hospitalization
• Peer support services
• Physical, occupational and speech therapy
• Prosthetic and orthotic services
• Service planning
• Supported employment
• Therapeutic rehabilitation program.

The U.S Department of Veterans Affairs is also expanding its telehealth services for veterans during the COVID-19 pandemic.

Support Yourself During Social Distancing, Quarantine and Isolation

This is a stressful time for all of us. Everyone reacts differently to stressful situations, and no one truly knows what to expect from an infectious disease outbreak that requires social distancing, quarantine or isolation.

Here are some tips for coping from the CDC and from the Substance Abuse and Mental Health Services Administration (SAMHSA):

• Stay up to date on what is happening. Look to credible sources for information on the infectious disease outbreak, such as the CDC or the official Team Kentucky source for information concerning COVID-19.
• Take care of your physical health. Try to eat healthy and well-balanced meals, exercise regularly and get plenty of sleep. Now and then, stop to take deep breaths and stretch. Avoid alcohol and drugs.
• Stay connected to others. Use the telephone, email, text messaging, and social media to connect with friends, family, and others. Talk “face to face” with friends and loved ones using Skype or FaceTime.
• Take breaks from watching, reading or listening to news stories, and especially from social media. Hearing about the pandemic repeatedly can be upsetting.
• Arrange for your needs. Inform health care providers of any medications you need regularly and work with them to ensure that you continue to receive those medications. Ask your health care providers about telehealth capabilities, or social distancing and other safety protocols if you are to make office visits. Provide your employer with a clear explanation of why you are away from work, if necessary.
• Reduce financial stress. Contact your utility providers, cable and Internet provider, landlord or mortgage banker, and other creditors as soon as you realize you may have a problem making payments to explain your situation and request alternative arrangements.
• Reach out. Call SAMHSA’s free 24-hour Disaster Distress Helpline at 1-800-985-5990 if you feel lonely or need support. If you need to connect with someone because of an ongoing alcohol or drug problem, and are not already in a 12-step program, consider contacting a local Alcoholics Anonymous or Narcotics Anonymous

The COVID-19 hotline at (800) 722-5725 is a service operated by the healthcare professionals at the KY Poison Control Center who can provide advice and answer questions. Because the phone line is likely to be extremely busy, check online for the answer to general questions before calling.

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Coal Miners and Coronavirus

As many Americans stay home to wait out the coronavirus pandemic, Kentucky coal miners still go down to the mines, deemed an essential business, where the virus is one more potentially deadly threat coal miners face each working day.

Coal miners may be especially vulnerable to the coronavirus because of the working conditions and the significant incidence of lung damage from years of exposure to coal dust, silica and diesel exhaust, said the Washington Post, quoting medical researchers.

First identified in a Kentucky resident March 6, the coronavirus is spreading as incidences of black lung disease, lung cancer and COPD continue to rise among U.S. coal miners. Working and retired mine workers who have black lung or other pulmonary disease are seen as being at greater risk of becoming very ill if exposed to the coronavirus. The coronavirus is spread through respiratory droplets produced when an infected person coughs, sneezes or talks, according to the Centers for Disease Control and Prevention (CDC).

UMWA Seeks Protection Against COVID-19 for Coal Miners

The United Mine Workers of America (UMWA) has asked federal regulators to set uniform, enforceable guidelines to help protect coal miners from contracting COVID-19. In a letter dated March 24, UMWA President Cecil Roberts asked the Mine Safety and Health Administration (MSHA) to require mine operators to:

• Ensure that miners have access to N-95 respirators
• Set procedures for disinfecting equipment between shifts
• Provide extra personal protective equipment (PPE)
• Create disinfectant strategies for bathhouses and other communal gathering places.

“Our miners work in close proximity to one another from the time they arrive at the mine site,” Roberts said in the letter. “They get dressed, travel down the elevator together, ride in the same man trip, work in confined spaces, breathe the same air, operate the same equipment, and use the same shower facilities.

“Many miners are also old and suffer from various underlying health conditions, such as pneumoconiosis, which the UMWA believes will greatly exacerbate the severity of the symptoms related to COVID-19; heart disease – a condition that in itself suppresses the immune response, leaving the afflicted more susceptible to harmful pathogens; and compromised immune systems.”

Roberts added that these high-risk miners often live in rural communities and have less access to medical care than is available in urban areas.

UMWA spokesperson Phil Smith told the Ohio Valley Resource that while some mines are voluntarily taking precautions to protect workers, the efforts are not uniform across the industry.

Blackhawk Mining, a Kentucky coal company operating nine mining complexes across three states, voluntarily shut down operations from March 23 through April 5 because of the pandemic. Its workers were not paid but kept their benefits, including health care, while on furlough.

As of this writing, the MSHA’s COVID-19 recommendations echo the CDC’s, which include avoiding close contact.

“MSHA is abiding by the President’s Coronavirus Guidelines for America, which are based on the CDC Interim Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease,” the website says.

Of about 5,200 people in Kentucky who work in the coal industry, about 3,200 are underground miners and another 1,000 work in surface mines.

Kentucky Coal Miners at Risk Just for Breathing

Pulmonary disease is common among coal miners because of the air they breathe on long work shifts in and around the mines. Exposure to coal dust causes various respiratory diseases, including coal workers’ pneumoconiosis (CWP), aka “black lung disease” or “miner’s lung,” and chronic obstructive pulmonary disease (COPD).

Coal miners are also exposed to crystalline silica dust, which causes silicosis (a type of pulmonary fibrosis), COPD and other diseases.

Black lung disease causes inflammation of lung tissue, coughing and fibrosis, which is thickening or scarring of lung tissue. There is no cure, but treatment can help improve quality of life through management of symptoms. Black lung disease can lead to such complications as chronic bronchitis, which is a long-term inflammation of the breathing tubes, or lung cancer, as well as COPD.

COPD is a chronic inflammatory lung disease that causes obstructed airflow from the lungs. Symptoms include breathing difficulty, cough, mucus production and wheezing.

Each of these lung diseases can lead to impairment, disability and premature death.

While it is generally thought that it takes many years of coal mine work to develop severe respiratory problems, two studies presented in 2019 said black lung, COPD and other nonmalignant respiratory diseases appear to account for a greater proportion of death in the younger generation of miners.

Recent reports have pointed to an unexplained increase in the occurrence of progressive massive fibrosis (PMF) in recent years, most likely attributable to excess exposure to crystalline silica, according to the studies. Crystalline silica is a basic component of soil, sand, granite, and most other types of rock.

An increase in the incidence of black lung disease in recent years has been potentially attributed to changes in mining technology. The new technology allows extraction of higher volumes of coal and surrounding rock in a given time period and creates finer dust particles than can be inhaled deeply into the lungs.

How Can A Coal Mine Workers’ Compensation Attorney Help Me?

If you have become ill or been injured while working in the Kentucky coal industry, you should be eligible for workers’ compensation benefits, including reimbursement of medical costs, partial replacement of lost wages and, if needed, disability stipends.

If you are having difficulty obtaining workers’ compensation benefits, the Kentucky workers’ compensation lawyers of Morgan Collins Yeast & Salyer will fight for the full workers’ comp benefits you deserve. It takes Kentucky Courage to fight for comprehensive workers’ benefits while also battling a debilitating illness. Kentucky coal miners show courage every day. Our attorneys are ready to bring Kentucky courage and help you stand up for the full benefits available by law. Contact the experienced workers’ comp lawyers at Morgan, Collins, Yeast & Salyer today for a review of your case that is free, has no strings attached, and is available from the safety of your own home.

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Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Morgan, Collins, Yeast & Salyer, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.  

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our healthcare system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:  

• GoToMeeting
• Facetime
• Skype
• Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

COVID 19 Prevention: Social Distancing

Health officials are recommending “social distancing” measures to cut down on close contact. This will help minimize the spread of the Coronavirus (COVID-19). Please make sure you review the Centers for Disease Control and Prevention (CDC) for more information about other steps you can take to protect yourself and others from exposure to this virus. 

General Info About (COVID-19)

More and more information about the virus is coming out daily. Please stay up to date on information and symptoms by checking the CDC’s website.

This virus spreads easily and sustainably! You can get COVID-19 “by touching a surface or object that has the virus on it and then touching your mouth, nose, or eyes.” It is thought that you are most contagious when you are displaying symptoms, however, you can be contagious before you even show symptoms. 

Symptoms of Coronavirus

Here are some of the major symptoms of the virus:

• Respiratory Tract Infection – shortness of breath 
• Fever/chills 
• Cough
• Flu-like symptoms  
• Fatigue
• Pressure in the Chest
• Headaches
• Muscle or Body Aches
• Sore Throat 

Please note that carriers of the virus may not be displaying symptoms and that you are still at risk and may be carrying the virus and not know unless you are tested.

Contact Morgan, Collins, Yeast & Salyer

If you were hurt in an accident and are seeking legal help, let the attorneys at Morgan, Collins, Yeast & Salyer help you – in the comfort of your own home! If you would like to discuss your legal issues with any one of our attorneys, we can simply meet with you by phone.

Contact us now at (606) 598-2122 to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

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Scott Borders Accepts Appointment to Kentucky Workers’ Compensation Board

Morgan, Collins, Yeast & Salyer would like to thank Scott Borders for his years of service to the law firm and congratulate him on his appointment as a judge on the Kentucky Workers’ Compensation Board.

Roy Collins, managing partner of Morgan, Collins, Yeast & Salyer, said, “We hate to see him go, but understand it’s a move that not only secures his well-earned retirement but also will allow him to apply his years of experience to ensure that injured workers and their employers receive fair administration of justice.”

Judges on the Workers’ Compensation Board are appointed by the Governor of Kentucky with the consent of the state Senate to serve four-year terms.

Scott has more than 30 years of experience handling workers’ compensation cases. He has worked as an insurance defense lawyer, as a plaintiff’s attorney in our Lexington office representing injured workers and as an administrative law judge. He previously served 14 years as a Kentucky workers’ compensation administrative law judge making decisions about people’s claims.

Scott has lectured on workers’ compensation at legal seminars and completed training from the National Workers’ Compensation Institute and the International Association of Industrial Accident Boards and Commissions.

He recognized the importance of helping regular people who are going through tough times because of work-related injuries. As a plaintiff’s attorney, he brought strength and experience and Kentucky Courage to each case he handled.

The kind of legal representation Scott provided clients is epitomized by the comments of former client Debbie Tucker, who offered a public testimonial about our law firm that is on our website

“I would wholeheartedly recommend the firm of Morgan, Collins, Yeast & Salyer to anyone needing help navigating the workers’ compensation system,” Tucker said. “I would most definitely recommend my amazing lawyer, Scott Borders.”

“As I sit here waiting for the phone to ring telling me it’s over, I can’t help but think how blessed I have been to have y’all in my corner.”

Scott earned a bachelor’s degree in business administration from the University of Kentucky College of Business in Lexington and received his law degree from the Northern Kentucky University Salmon Chase College of Law in Highland Heights.

Seek the Help of Qualified Workers’ Comp Attorney

If you have been seriously injured in a workplace accident, you should seek the guidance of a knowledgeable workers’ compensation lawyer. It takes courage not to give up when your claim has been turned down. You should never accept as the final word an employer’s denial of your claim or termination of your workers’ compensation benefits without having a qualified workers’ comp attorney review it.

As an injured employee, you have rights under Kentucky workers’ compensation law. Our experienced workers’ comp attorneys at Morgan, Collins, Yeast & Salyer provide the Kentucky Courage needed to appeal a disputed workers’ compensation claim. We will fight for your rights because we understand the outcome of your claim can affect the quality of your life for the years ahead. We’ll focus on seeking the maximum benefits available under the law.

Our workers’ compensation attorneys represent injured workers in Lexington, Somerset, Manchester, London, Hazard, Paducah, Paintsville and throughout Kentucky. We are available to meet with you at one of our law offices, over the phone or at a location convenient to you.

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New Cell Phone Driving Law Coming To Kentucky?

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

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

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

The proposed law would apply to cell phones, tablets, laptop computers and personal digital assistants. Adding “stand-alone electronic device” to the ban covers any other mobile device that stores audio or video files retrievable on demand. It would be illegal to hold, use or in some cases even reach for these devices while driving.

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

The legislation focuses on texting, making cellphone calls and using personal electronic devices behind the wheel, which are among the most dangerous forms of distracted driving.

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

What’s The Current Kentucky Law about Distracted Driving?

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

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

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

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

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

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

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

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

The Danger of Distracted Driving to Highway Safety

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

Driver distraction occurs when drivers divert their attention from the task of driving to focus on some other activity. Discussions regarding distracted driving often focus on cell phone use and texting. But distracted driving also includes other activities, such as eating, talking to passengers or adjusting the radio or climate controls.

A distraction-affected crash is any crash in which a driver was identified as distracted at the time of the crash, the National Highway Traffic Safety Administration (NHTSA) says.

The NHTSA said that in 2017, there were 3,166 people killed in motor vehicle crashes involving distracted drivers nationwide. There were 599 pedestrians, bicyclists and other killed in distraction-related crashes.

Six percent of all drivers involved in fatal crashes were reported as distracted at the time of the crashes. Eight percent of drivers 15 to 19 years old involved in fatal crashes were reported as distracted. This age group has the largest proportion of drivers who were distracted at the time of the fatal crashes they were involved in, the NHTSA says.

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

Injured In An Accident By a Distracted Driver? Act Now

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

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

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

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