Sunday, June 21, 2020

Are Kentucky Roads More or Less Safe Due to the COVID-19 Pandemic?

A recent report in the Lexington Herald-Leader says one bright spot in the COVID-19 pandemic has been fewer fatal car accidents on Kentucky highways this year, due to the state’s three-month lockdown.

Kentucky highway fatalities this year are the lowest they have been in five years, according to the newspaper’s June 11 report. The 258 highway fatalities reported by Kentucky State Police this year reflected a 16 percent drop compared to the 306 recorded by the same date last year.

Traffic on Kentucky Roads During the Coronavirus Pandemic

Kentucky Gov. Andy Beshear shut down businesses and public activities in March due to the spread of COVID-19, and highway traffic immediately fell.

“Similar to nationwide trends, traffic volumes decreased as Kentuckians followed state and national guidance by telecommuting, avoiding crowds and limiting trips to essential travel,” Chuck Wolfe, a spokesman for the state Transportation Cabinet, told the Herald-Leader. “The first recorded traffic count drop we saw began the week of March 8 and traffic counts have been lower each week since when compared with the counts from the corresponding weeks in 2019.”

Weekly traffic counts in Kentucky during the economic shutdown declined by a range of 18 to 41 percent.

As stay-at-home restrictions have begun to ease and some businesses have been re-opening, traffic has climbed. The state allowed some health care services and facilities to re-open April 27. For the week starting Sunday, April 26, traffic was down 33 percent compared to 2019. More businesses reopened May 11 and Kentucky’s highways got busier. The traffic volume count was down only 26 percent the week of May 17, according to the Herald Leader’s count.

Road Safety on the Nation’s Highways

Kentucky’s decrease in traffic deaths in early 2020 puts the Commonwealth ahead of the nation for the first third of the year.

Nationwide, deaths on the road are up an estimated 2 percent through the first three months of 2020 compared to last year, a National Safety Council (NSC) news release says.

The NSC calculates a 14 percent jump in fatality rates per miles driven in March across the U.S., in spite of an 8 percent drop in the total number of roadway deaths compared to March 2019.

“Disturbingly, we have open lanes of traffic and an apparent open season on reckless driving,” Lorraine M. Martin, NSC president and CEO, says in the release.

“Anecdotal reports indicate speeding, for example, has increased significantly since traffic diminished,” the NSC says. “Some states are also moving forward with ill-advised roadway tactics intended to address the COVID-19 pandemic … that could have far-reaching consequences. Among them are repealing requirements for teen drivers to pass road tests before acquiring licenses and relaxing hours-of-service rules for commercial vehicle (truck) drivers.”

Nationally, the transportation-data firm Inrix said travel had the largest rebound of the COVID-19 pandemic during the week of May 16 to 22. Personal travel was down 19 percent for the week compared to typical traffic vs. 25 percent below normal the week before.

At its worst fall-off nationwide, personal travel was down 48 percent the week of April 4 to 10.

As traffic increases, reckless driving is increasing. Data analytics company Zendrive titled a May report “Mobility Amidst Lockdown: Every Minute on the Road is Riskier.” From March 16 to April 19, Zendrive found a 27 percent increase in speeding, a 25 percent rise in hard braking and a 38 percent increase in cell phone use among drivers compared to the five weeks prior to the nation’s first stay-in-place order.

“With the decline in traffic, some drivers saw empty highways as an open invitation to speed while being distracted by their phones,” the Zendrive report says. “With the increased desire to stay informed about the evolving circumstances and the well-being of loved ones, people are interacting with their phones more than ever. As a result, phone usage while driving has increased dramatically.”

Exercising Caution on the Roads During the Coronavirus

To help ensure safer roads, the NSC urges motorists to:

  • Follow state and local directives and stay off the roads if officials have directed you do to so. Many states continue to ask drivers to stay home except in emergency situations or for essential errands. Gov. Beshear’s “Ten Rules to Reopening” begin with 1) Continue telework where possible, and 2) Phased return to work.
  • Obey speed limits, even if roads are clear and traffic is light.
  • Be aware of increased pedestrian and bicycle traffic as people turn to walking and biking to get out of the house during the pandemic. Conversely, pedestrians and bicyclists should remember that reduced traffic does not mean no traffic and should use caution when crossing or walking in streets.
  • Practice defensive driving: Buckle up, designate a sober driver or arrange alternative transportation, get plenty of sleep to avoid fatigue, and drive attentively, avoiding distractions – such as cell phones.

Contact a KY Car Accident Attorney

Increased traffic on the roads as Kentucky re-opens is bound to lead to more car accidents. If you are injured in a car accident caused by someone else’s negligence or recklessness, you have legal recourse. You may have a right to seek compensation for your medical bills and other losses, including your pain and suffering. A car accident attorney at Morgan, Collins, Yeast & Salyer in Kentucky can help you evaluate your legal options.

We’ll demand full compensation for your losses and stand by your side and fight for you to receive every penny you deserve. That’s Kentucky Courage.

Contact Morgan, Collins, Yeast & Salyer at (877) 809-5352 to set up a free legal consultation. Find out how Kentucky Courage can help you make yourself financially whole after a serious car accident. We have eight offices across Kentucky to serve you from. Call now.

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Thursday, June 4, 2020

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

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

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

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

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

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

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

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

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

Understanding Workers’ Compensation And Illness Benefits

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

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

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

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

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

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

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

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

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

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

Let Our Lexington, KY, Workers’ Comp Lawyers Help

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

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

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Monday, May 18, 2020

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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Thursday, May 7, 2020

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 claimWorkers’ 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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Tuesday, April 21, 2020

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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Tuesday, April 7, 2020

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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from Morgan, Collins, Yeast & Salyer https://www.kentuckycourage.com/blog/coal-miners-and-coronavirus/
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Monday, March 16, 2020

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.

The post Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers. appeared first on Morgan, Collins, Yeast & Salyer.



from Morgan, Collins, Yeast & Salyer https://www.kentuckycourage.com/blog/covid-19-coronavirus-update/
via https://www.kentuckycourage.com