Watch Out for The Hidden Dangers of Big Trucks

American auto buyers love pickup trucks. Full-sized pickups are especially popular, outselling both compact and midsize trucks and accounting for 79 percent of the pickup truck market. These large vehicles make up roughly 20 percent of all new vehicles sold in the U.S.

Unfortunately, the large size of many newer full-sized and heavy-duty pickup trucks makes them extremely dangerous in collisions with smaller vehicles and pedestrians, according to Consumer Reports.

If you were injured in an accident caused by a truck driver, don’t hesitate to talk to an experienced truck accident attorney at Morgan, Collins, Yeast & Salyer. Our attorneys can review the specifics of the accident and explore your options for seeking compensation to cover your medical expenses, lost wages, and more. For a free case review with a compassionate truck accident attorney, call us today at (877) 809-5352 or contact us online.

Our attorneys have the Kentucky Courage to stand up to big insurance companies and fight for what is right for you.

A Major Safety Concern – Truck Blind Spots

While American drivers traveled fewer miles overall in 2020, there was an eight percent increase in the rate of fatalities and serious injuries from the previous year. Many factors contributed to this increase. Recent research suggests that the growing proportions of modern pickup trucks in the U.S. may be a significant factor.

According to GM spokespeople, today’s buyers want larger pickup trucks because they provide greater ground clearance for off-road driving, more towing capacity, and more storage space. Spokespeople from both GM and Ford also say more powerful trucks require larger grilles to allow for superior engine cooling for towing.

However, the height and long hoods of modern pickup trucks create large blind spots, which can make it difficult for pickup drivers to see smaller vehicles or pedestrians such as small children in front of the vehicle. New full-sized trucks have front blind spots that are on average 11 feet longer than sedans and 7 feet longer than SUVs, according to an industry analysis by Consumer Reports.

The average hood height of modern pickup trucks has increased by roughly 11 percent since 2000. Some of today’s heavy-duty pickups have hoods just as tall or taller than the roofs of smaller cars. The weight of new pickup trucks also increased by an average of 24 percent between 2000 and 2018. Many newer full-sized pickups exceed 4,000 pounds.

Where Are These Blind Spots?

Drivers of today’s big pickup trucks must contend with the wider blind spots that make it difficult to see other road users:

• In the front – Big pickup trucks are tall vehicles with long hoods to accommodate large, high-capacity engines. When pickup drivers run into other road users in their front blind spots, the resulting “front over” collisions can leave victims with serious or fatal injuries. Research shows the majority of all fatal frontover collisions involve pickup trucks, vans, and SUVs. A rollover accident may occur in a driveway as the driver is maneuvering the pickup. Small children are especially at risk of frontover accidents.
• Along each side – Large pickups have large side mirrors, but mirrors alone aren’t always enough to cover blind spots. A big pickup truck has significant blind spots along each side of the truck’s cab, just behind and to the side of the cab doors.
• To the rear – If pickup drivers are towing trailers or driving with toppers or camper shells, rear visibility may be restricted. Even when a pickup truck bed is completely clear, the height of the tailgate can still obstruct a driver’s view for several feet to the rear.

Deadly Truck Dimensions

When modern pickup trucks collide with pedestrians, the tall hood and high bumper of the truck are more likely to cause serious injuries than the front of a smaller vehicle. The points of impact in a rollover pedestrian accident can result in direct trauma to a pedestrian’s head, chest, abdomen, and pelvis. Big pickups are also more likely to knock pedestrians to the ground and run them over.

Large vehicles such as big pickups generally do not perform well in handling or braking safety trials. When a big pickup truck collides with a smaller vehicle, the driver of the smaller vehicle is 1.59 times more likely to die than they would be in a crash that didn’t involve a pickup truck.

Another Risk Factor – Fatigued Truck Drivers

Big blind spots and massive frames are not the only risk factors in pickup truck accidents. Many modern drivers are dangerously fatigued on public roads. According to the Centers for Disease Control and Prevention (CDC), drowsy driving can be just as hazardous as drunk driving.

Studies suggest that just 18 hours of sleep deprivation can have the same cognitive effects as a blood alcohol content (BAC) of 0.05%. After 24 hours of sleep deprivation, drivers can have cognitive impairments equal to those experienced by drivers who are legally intoxicated.

Fatigued truck drivers are significantly more likely to cause serious accidents. Drowsy drivers can have delayed reaction times, drift out of designated lanes, follow dangerously close behind other vehicles, or even veer off the road entirely.

Truck Accident Statistics

In 2020, the National Highway Traffic Safety Administration (NHTSA) released the following pickup accident statistics:

• In 2019, pickup truck occupants accounted for 28 percent of overall traffic fatalities, a number that was 30 percent in 2010. Pedestrians and other nonoccupants made up 20 percent of traffic fatalities in 2019, a number that was 15 percent in 2010.
• There were 19 more light-truck occupant fatalities in 2019 accidents compared to the previous year, an increase of 0.2 percent.
• There were 2,000 more pickup truck occupant injuries in 2019 accidents than there were in 2018, an 0.8 percent increase.

Contact a Truck Accident Attorney Today

At Morgan, Collins, Yeast & Salyer, our dedicated truck accident attorneys are available 24 hours a day, seven days a week to address your needs. When you hire us to represent you in a personal injury accident claim, you will work with a knowledgeable attorney who can explore all of your legal options.

To discuss the details of your Lexington, Kentucky pickup truck accident case, call us now at (877) 809-5352 or contact us online for your free initial consultation.

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What to Do After a Hit-and-Run Accident in Lexington

As scary and frustrating as any car accident may be, being injured by a hit-and-run driver is even worse. The hit-and-run accident victim may feel as if he or she has nowhere to turn.

Car accidents in which the driver leaves the accident scene with the intent of evading responsibility happen frequently in Kentucky. According to KY State Police statistics, there were 12,682 hit-and-run collisions in Kentucky in 2018, equating to 34 crashes every day. In Lexington, WTVQ has run nearly a dozen TV reports of hit-and-run deaths, injuries, and arrests since the first of the year.

You are not alone if you have been injured by a hit-and-run driver in Lexington, Kentucky. There are steps you can take to seek compensation for your losses and possibly to find and hold the at-fault driver accountable. The Lexington car accident attorneys at Morgan, Collins, Yeast & Salyer can provide the legal guidance you need if you’ve been injured by a hit-and-run driver. Please phone us at (877) 809-5352 or contact us online to schedule your free consultation.

Steps to Take After a Hit-and-Run Collision

After a car accident, the first thing to do is assess your injuries, and check on others if you can. If there are injuries, phone 911 and request an ambulance as well as police assistance.

If you are able, you should then try to document the hit-and-run accident:

• Take photos of your vehicle and its damage, the location of the crash, and anything else that may help illustrate what happened. Take a photo of your injuries.
• Ask any bystanders or other drivers who stopped whether they saw the accident and gather their contact information. If they are cooperative, make a video of the witnesses describing what they saw.
• Record anything you remember about the car and/or driver who hit you, especially if you caught the license plate number or can describe the car. Make a recording on your phone or write it down. Do it promptly.
• Cooperate with police when they arrive. Ask how to obtain a copy of the accident report.
• See a doctor within 24 hours for an evaluation if you do not go to the hospital in an ambulance. This will ensure that you receive care for your injuries, including potentially dangerous closed head injuries that may not exhibit symptoms right away. A doctor’s report documents your injuries and how they occurred.
• Report the accident to your auto insurance carrier. If the hit-and-run driver is not identified and apprehended, then you may need to file a claim against your uninsured motorist insurance for coverage of the accident. You should have uninsured motorist coverage unless you have specifically declined it. Your insurance company should tell you what information is needed to process your claim and what to expect during the claims process.

You should also contact a car accident lawyer. The attorneys at Morgan, Collins, Yeast & Salyer, help victims of hit-and-run accidents recover compensation that the law says they deserve. We investigate to find out who is responsible for car accidents, and we hold them and their insurers accountable. Our attorneys understand how insurance companies work and have the knowledge, resources, and Kentucky Courage to fight for full compensation to our clients.

Insurance Implications After a Hit-and-Run

After most car accidents, the at-fault driver is held responsible, and the driver’s auto liability insurance compensates those who have been harmed. In Kentucky, all motor vehicle owners are required to carry auto liability insurance that provides at least:

• $25,000 for all claims for bodily injury damages sustained by any one person
• $50,000 for all bodily injury damages sustained by all persons as a result of an accident
• $25,000 for all property damage as a result of any one accident.

Kentucky also requires car and truck owners to obtain auto insurance that provides basic reparations benefits, or BRB for medical costs and loss of income. In other states, this insurance is known as personal injury protection or PIP. This is no-fault insurance, meaning it pays benefits to the policyholder, regardless of who caused a car accident.

Kentucky BRB benefits pay up to $10,000, which may be paid for specific economic losses due to injuries or death in a car accident, including:

• Medical expenses
• Work loss
• Replacement services costs, i.e., paying others for tasks the injured would have performed.

A third type of insurance, uninsured/underinsured motorist (UM/UIM) coverage, must be offered to vehicle owners in Kentucky. A policyholder draws on this coverage when the at-fault driver in an accident is uninsured or has too little liability coverage, It also covers hit-and-run accidents.

If you have UM/UIM coverage, it is typically equivalent to your liability coverage.

Contact a Hit-and-Run Accident Lawyer

The best way to recover a proper insurance payout after a car accident involving significant injuries is to retain the assistance of an experienced personal injury lawyer. This is particularly crucial if you have been seriously injured, which means your costs and losses will be expensive. Insurers are reluctant to make full payment on car accident claims. If you are badly injured it will be difficult to fight for yourself.

The attorneys at Morgan, Collins, Yeast & Salyer can handle your hit-and-run accident claim from start to finish. We’ll investigate the accident independently and stay on top of the police investigation to find the hit-and-run driver. Meanwhile, we’ll prepare a full accounting of your injuries and losses and demand full payment from all responsible insurance carriers.

Let Morgan, Collins, Yeast & Salyer review the circumstances of the accident and your injuries at no charge before you accept anything from an insurance company. If you have already received a settlement offer, we’ll review it and tell you whether we think we can do better for you – at no charge.

We know what it takes to pick up the pieces after a devastating car accident, especially one caused by a hit-and-run driver. It takes Kentucky Courage to keep pushing for justice. At Morgan, Collins, Yeast & Salyer, we’ll provide the Kentucky Courage you need to get through this tough time.

Please contact us now to get the legal help you need. Schedule your free consultation.

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Bike Helmet Giveaway at Clay County Off-Road 1st Annual Elk Mountain Fall Festival

Clay County Off-Road, a non-profit group of all-terrain vehicle enthusiasts, has organized the 1^st Annual Elk Mountain Fall Festival to be held Oct. 22-23 at the Clay-Leslie Industrial Park. The goal of the group is to develop more off-road riding opportunities to attract more tourists to the Clay County area.

The family friendly event kicks off on Friday night with Movies on the Mountain.  The film Hocus Pocus will start at dusk, followed by the original Halloween at 10 p.m.  The Clay County middle school cheerleaders are selling popcorn and drinks as a fundraiser.  Various other school groups and teams are volunteering to help as well.

On Saturday, the festival continues with a benefit ride for Dale Lee, a cancer patient, with all proceeds going directly to him.   Registration is from 9 a.m. to 10 a.m. with the ride leaving at 10 a.m.

Throughout the day, there will be pumpkin decorating, inflatables, a petting zoo, costume contests, face painting, a battery-operated car, truck, or ATV race,  a hayride, vendors, and food trucks.

Trunk or Treat will begin at 5 p.m, followed by a costume contest at 6 p.m. and the best decorated ATV award at 7.  The Haunted Forest will begin at dark and is being presented by the Clay County Baseball team.

Glenda Hubbard, a paralegal at Morgan, Collins, Yeast & Salyer, is one of the founding members of the Clay County Off-Road ATV group. The group is collecting donated cash prizes and bicycles to give to children and has collected more than 25 bikes so far!

Roy Collins, the managing partner of Morgan, Collins, Yeast & Salyer, PLLC, has pledged to donate a bicycle helmet for each donated bicycle. We are proud to support worthwhile causes and give back to the communities that we serve.

Morgan, Collins, Yeast & Salyer, PLLC is an established Kentucky law firm with multiple offices throughout the Commonwealth. Our attorneys are known for their Kentucky Courage when fighting for the rights of hardworking people who are struggling to overcome serious injuries.

You may have seen our Kentucky Courage ads on television. The attorneys that you see on TV are the same ones you will work with if you contact Morgan, Collins, Yeast & Salyer to handle your case.

It’s important to talk to an attorney as soon as possible if you’ve been injured. We offer free consultations to review your case and discuss the steps available to you. Call (877) 809-5352 to speak to have a personal injury attorney review your case and discuss your legal options. Call today.

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McKinnley Morgan Chairs University of Kentucky Workers’ Comp Institute

Attorney McKinnley Morgan has had the unique opportunity of serving as chairman of the University of Kentucky Rosenberg College of Law Workers Compensation Institute for a number of years including the 23rd annual Workers Compensation Institute conference held in May.

A founding partner of Morgan, Collins, Yeast & Salyer, McKinnley has focused his legal practice primarily on workers’ compensation cases and helping injured workers for 30 years. He has shared his knowledge of Kentucky’s workers’ compensation system as a speaker at numerous legal seminars and conferences focused on issues related to workplace injuries and accidents.

This year, McKinnley chaired the planning committee that organized the two-day program of continuing legal education seminars for attorneys who handle workers’ compensation cases. The program was held at the Campbell House in Lexington.

The Workers’ Compensation Institute is designed as a service for all workers’ compensation attorneys in Kentucky, regardless of their level of experience. The program offers a survey of current issues, court decisions, rule changes, ethics opinions, and other legal topics that are encountered by attorneys on a regular basis.

The annual conference is accredited by the Kentucky Bar Association and provides 12 hours of continuing legal education credits for attorneys to satisfy the requirement for ongoing education.

By volunteering his time with the University of Kentucky Workers Compensation Institute and sharing his knowledge of this area of law, he has contributed to the professional development of members of the Kentucky Bar Association.

McKinnley gave the welcoming address at the opening of the 2021 conference which offered participants the option of attending in person or watching live-streamed video online.

“We worked on developing good programs that were not only updates of the law, but also focused on making those who attended better practitioners,” McKinnley says. “We brought in doctors to discuss surgeries being performed to address workplace injuries that we see on a frequent basis.”

The program is designed to address issues of interest to both worker’s compensation plaintiffs’ attorneys and defense attorneys. The seminars at the 2021 conference covered topics such as occupational exposure cases, review of worker’s compensation case law decisions, Kentucky workers’ compensation regulatory updates, legal ethics in workers’ compensation practice, mental-physical claims, and an evidence refresher for workers’ compensation practitioners.

“You are seeing a lot of diversity in what is being presented,” McKinnley said.

The Workers Compensation Institute coincided with the Kentucky Workers’ Compensation Hall of Fame Awards Dinner. The Hall of Fame recognizes not only attorneys but doctors, court reporters, and administrative law judges who have worked in the area of workers’ compensation law in Kentucky for a number of years.

After a number of years chairing the Institute, McKinnley is handing over the duties of chairing the annual conference to Gerald Vanover, Jr., of Morgan, Collins, Yeast & Salyer.

Gerald is also a graduate of the University of Kentucky College of Law and has presented numerous seminars at Kentucky Workers’ Compensation conferences. He and a workers’ compensation defense attorney will co-chair the 2022 Workers Compensation Institute which is scheduled for April 14-15, 2022.

For more information about Morgan, Collins, Yeast & Salyer attorneys, Contact us today at (877) 959-5309.

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Two Kentucky Courage Attorneys Named to Kentucky Super Lawyers List for 2022

The law firm of Morgan, Collins, Yeast & Salyer is pleased to announce that partners Roy Collins and Kyle R. Salyer have been selected to the 2022 Kentucky Super Lawyers list.

Super Lawyers is a legal rating service that recognizes attorneys who have attained a high degree of professional achievement and peer recognition. Every year, Super Lawyers compiles lists of each state’s top attorneys in more than 70 practice areas. No more than 5 percent of the lawyers in a state are selected for recognition.

Despite the competitiveness of the selection process, both Roy Collins and Kyle Salyer have been listed by Super Lawyers multiple years in a row.

Roy Collins is recognized by Super Lawyers as a Top Rated Personal Injury Attorney in Manchester, Kentucky. He appears on the Kentucky Super Lawyers list for the fifth year in a row.

Attorney Kyle Salyer is recognized by Super Lawyers as a Top Rated Personal Injury Attorney in Paintsville, Kentucky. He has been selected to the Super Lawyers list each year from 2019 to 2022.

What is the Super Lawyers Award?

Super Lawyers selects outstanding attorneys in each state through a patented multiphase selection process for recognition in its publications. The Peer nominations and evaluations are combined with third-party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The selections are made on an annual, state-by-state basis. The result is a credible, comprehensive, and diverse list of accomplished attorneys.

The Super Lawyers lists are published in Super Lawyers Magazine and in leading city and regional magazines.

Roy Collins has been with Morgan, Collins, Yeast & Salyer since 2000 and is the managing partner of the law firm. Since joining the law firm, he has devoted his legal career to helping fellow Kentuckians who are injured in car accidents and other types of accidents caused by the negligence of others. He is a highly regarded trial attorney.

In addition to recognition by Super Lawyers, he has been honored by the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, the National Trial Lawyers Top 100 (Kentucky), and Rue Ratings’ Best Attorneys in America. He is a graduate of the University of Kentucky and the University of Kentucky School of Law.

As an experienced personal injury lawyer, Kyle Salyer handles cases involving defective products, medical malpractice, car accidents, truck accidents, workplace accidents, and slip and fall accidents.

In addition to Super Lawyers, he was named to the Top 40 Under 40 in Kentucky by the National Trial Lawyers Association. He also is a member of the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, the Kentucky Justice Association, and the Christian Trial Lawyers Association. The National Academy of Personal Injury Attorneys selected him as a Top 10 Attorney for his effective legal representation of the injured. He is a graduate of Alice Lloyd College and Valparaiso University Law School.

A well-established Kentucky law firm, Morgan, Collins, Yeast & Salyer, PLLC has multiple offices throughout the state and attorneys who are known for their Kentucky Courage when fighting for the rights of hardworking people who are struggling to overcome serious injuries.

If you have been injured by the carelessness or negligence of someone else, the Kentucky Courage attorneys at Morgan Collins, Yeast & Salyer are ready to help. You may have seen their advertisements on television. The attorneys that you see on TV are the same ones you will work with if you contact Morgan, Collins, Yeast & Salyer to handle their case.

It’s important to speak with an attorney as soon as possible if you’ve been injured. We offer free consultations. Call (877) 809-5352 to speak to have a personal injury attorney review your case and discuss your legal options. Call today.

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Workers’ Comp If You Were Injured on Your First Day at Work

If you have just started a new job, you may not yet understand the full range of benefits your employer provides. But in Kentucky, one thing you can generally count on is that you are covered by workers’ compensation insurance. Most employers in Kentucky are required to provide workers’ compensation benefits for full and part-time employees.

Even if you are injured on the first day of work, your employer’s workers’ compensation insurance coverage extends to you. Anyone who is injured on the job and told they are not eligible for benefits should speak to a workers’ compensation lawyer as soon as possible.

An experienced workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer in Lexington, KY, can help you obtain all of the workers’ compensation benefits you qualify for after a workplace injury. We know KY workers’ comp rules and regulations, and we know how some employers and insurers attempt to avoid their obligations. Contact us today to set up your free consultation.

Who Qualifies for Workers’ Compensation in Kentucky?

Kentucky law requires most businesses with one or more employees to provide workers’ compensation insurance coverage to their employees. This is a group coverage plan. Anyone who joins the group by being employed is automatically covered. Every employer in Kentucky must display proof of workers’ comp coverage at their office.

Under Kentucky workers’ comp laws, certain employees are exempt from coverage, including:

• Anyone employed in agriculture
• Domestic workers employed in a private home with fewer than two regularly employed workers
• Anyone employed temporarily as a handyman to do remodeling, maintenance, repair, or similar work in a home
• Members of a religious sect or organization that opposes insurance benefits
• Any person working in return for aid or sustenance for a religious or charitable organization

Employees can voluntarily reject workers’ compensation coverage by filing a Form 4 Waiver with the Department of Workers’ Claims. But Kentucky law prohibits employers from using Form 4 Waivers as a condition of employment.

Workers’ compensation is a no-fault insurance system. Individuals who are covered do not have to show that someone else was at fault to obtain benefits. An employee who is injured while on the job and is out of work for seven days qualifies for workers’ compensation benefits. You have a right to benefits, even when you get hurt on the first day at work.

Employers are responsible for paying workers’ compensation benefits, usually through insurance companies.

Workers’ comp insurance typically provides payments for:

• Medical costs
• Partial replacement of wages
• Return-to-work services, i.e., rehab, training/education

Workers’ comp insurance also provides specific scheduled benefits for disabling injuries and death benefits to a deceased worker’s immediate family.

What If I’m Injured On My First Day Of Work?

Any time an employee is injured while on the job, the injured worker should report the accident to their supervisor. The company may have a formal process for reporting on-the-job accidents and injuries. An injured employee should follow company policies for reporting an accident and/or injury as closely as possible.

If there is no formal process, be sure to follow up reporting your accident verbally by making a written report. This may be an email to your supervisor with your name, date, time, and what happened to you. This documents the fact that you were hurt and reported it.

You also need to see a doctor right away if you have been injured while on the job. Ask the doctor for a note if he or she says you need to stay home and give it to your employer. Keep a copy of it and all other documents related to your injury.

Filing a workers’ comp claim requires the injured employee to complete and submit an Application for Resolution of a Claim. Your employer may do this but has no legal obligation to do so. The Kentucky Labor Cabinet says on its workers’ compensation web page for injured workers, “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.” A knowledgeable attorney can guide you through the claims process.

If your claim is approved, workers’ comp insurance should pay all of your medical bills related to the accident and about two-thirds of your weekly pay while you cannot work. The wage replacement benefits are known as temporary total disability benefits or TTD. Temporary total disability benefits end when you recover and can return to work or when your physician reports that you have reached maximum medical improvement.

If you have suffered a permanent disability from a workplace injury, you’ll be assigned a permanent impairment rating. The disability rating determines the amount of your permanent partial disability (PPD) or permanent total disability (PTD) payments.

If your claim is denied, there is an appeals process. You have several opportunities to demonstrate that you qualify for benefits. You will need an attorney to navigate the appeals process.

Many workers’ comp claims are denied because of technical errors, paperwork problems an attorney can identify and help you resolve. But if your employer’s insurance company is denying your eligibility for benefits, you need to keep in mind that they deal with the workers’ comp program every day. You need someone on your side of the table who knows the system and can help you present a full and accurate depiction of your injuries and qualification for benefits.

Get the Workers’ Comp Benefits You Deserve

If you are a worker in Kentucky injured on the job, it is very likely that you qualify to receive workers’ compensation benefits. But an employer afraid of higher insurance premiums or an insurer facing a potentially large payout may claim that you don’t qualify for benefits. Speak to a Morgan, Collins, Yeast & Salyer workers’ compensation lawyer to find out what you truly deserve in workers’ compensation benefits and let us help you pursue it.

Don’t take on an insurance company by yourself, and don’t take an insurer’s response of “claim denied” as the final word. Contact us now to schedule your free consultation. We will fight for all the benefits you are due and show them what Kentucky Courage means.

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Workers’ Comp and Cumulative Trauma Injury Costs

Everyone experiences some physical changes as a result of natural aging. But the strenuous physical demands of some jobs can cause workers to experience greater than expected degenerative changes, leading to the need for joint replacement, spinal fusions or other medical procedures.

A Kentucky worker who requires a knee or shoulder replacement or spinal surgery for a degenerative condition may qualify for workers’ compensation benefits including disability payments if their impairment was caused by the cumulative trauma of doing their job.

Some employers and insurers may dispute claims for workers’ comp benefits for cumulative trauma injuries, also known as wear and tear injuries. But workplace injuries that develop gradually over months or years can be just as disabling and serious as injuries from sudden accidents. Cumulative trauma injuries suffered because of job duties or working conditions are recognized by the Kentucky workers’ compensation system as compensable injuries.

The Kentucky workers’ compensation attorneys of Morgan, Collins, Yeast & Salyer have helped many workers obtain benefits for cumulative trauma injuries. We know the law and how to build persuasive cases. If you have questions about whether you may qualify for a workers’ compensation settlement for a cumulative trauma injury, contact us right away. We have the Kentucky Courage to stand up to big insurance companies and fight for you. We can schedule a free initial consultation to discuss your options available to you.

What is a Cumulative Trauma or Wear and Tear Injury?

A cumulative trauma injury or wear and tear is one in which damage to your body accumulates over time as you repeat certain motions and exert yourself to perform your job. The injury is due to excessive wear and tear on muscles, tendons and nerve tissues.

Kentucky’s workers’ compensation law acknowledges injuries caused by repeated stress and strain. At KRS 342.0011, definitions for Chapter 342, Workers’ Compensation, the statute says “Injury is defined as any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment.”

To have a valid claim, you’ll need to have an established medical history including diagnostic tests that show greater than expected degenerative changes in the affected area of the body.  The condition must be related to work activity.

Types of Cumulative Trauma Injuries

A Kentucky worker who has suffered a cumulative trauma or wear and tear injury should not hesitate to explore the availability of workers’ compensation benefits.

Our workers’ comp attorneys at Morgan, Collins, Yeast & Salyer encourage workers to see their family doctor, get diagnostic tests to show the cumulative trauma and get a referral to a surgeon to evaluate whether surgery is needed. When possible, it’s best to take the initial steps while you are still employed.

You may qualify for an impairment rating and workers’ compensation benefits.

The types of conditions that may involve cumulative trauma and qualify an injured worker for workers’ compensation benefits include:

• Shoulder Surgery—Shoulder movement occurs in many work activities including lifting, pushing, pulling, and reaching. Shoulder injuries are common cumulative trauma injuries among workers who lift loads such as warehouse workers, grocery store stockers, and nurses’ assistants. Some injuries require partial or complete replacement of the shoulder ball-and-socket joint.
• Knee Replacement—Jobs that involve a lot of walking or climbing may lead to knee pain and stiffness that limit your mobility or cause you to walk with a limp. You may need a partial or complete knee replacement if you have experienced greater than expected degeneration of the knee joint as a result of your job duties.
• Hip Replacement—Jobs that involve bending, squatting, twisting, crawling, standing for long periods of time, and heavy lifting may put added stress on the hips and lead to a physical impairment requiring a hip replacement. Hip injuries can be caused by repetitive workplace activity.
• Degenerative Discs—Jobs that involve repetitive neck motions, working in awkward positions, or bending put extra stress on the neck and back Degeneration of discs between the vertebrae can put pressure on nerves and cause severe back pain, restricted movement, and loss of function. Spinal fusion surgery may be required to address degenerative discs in the cervical or lumbar region of the back.
• Carpal tunnel Syndrome—This repetitive stress injury involves compression of the median nerve as it passes through the carpal tunnel in the wrist due to inflammation. Jobs that can cause carpal tunnel syndrome include those that combine high force, high repetition, and awkward hand postures such as typing, data entry, assembly line work, meat processing packing, sewing, and cutting.
• De Quervain’s Disease— This injury is caused by excessive friction between the two thumb tendons and the sheath they share. The condition is often diagnosed in buffers/grinders, sewers and cutters, packers, and housekeepers.
• Raynaud’s Syndrome—Also called “vibration white finger” or “hand-arm vibration syndrome,” this condition causes numbness and tingling in the fingers. Ultimately, it leads to loss of sensation and muscle control in the fingers and hands. It is caused by forceful gripping or prolonged use of vibrating tools, such as hand-held power drills, power saws, needle guns, chipping hammers, and rotary hammer drills.
• Rotator Cuff Tendonitis—A rotator cuff injury involves swelling, and tearing of tendons in the shoulder often associated with work that requires the elbow to be in an elevated position for long periods of time, such as while performing overhead tasks.
• Trigger Finger Injury—This is an inflammation of the tendon sheath of a finger that causes the tendon to become locked in the sheath. Often associated with using tools that have handles with hard edges or ridges, or repetitive bending of the fingers with continued forceful gripping of equipment.

Treatment and Costs of Cumulative Trauma Injuries

The typical symptoms of cumulative stress injuries are pain, numbness, loss of motion, and loss of sensation. Treatment tends to escalate according to the intensity of pain or loss and includes combinations of:

• Rest
• Exercise programs to strengthen the tissue and minimize further injury
• Pain management techniques
• Steroid injections
• Braces or splints to immobilize the area
• Surgery (most commonly recommended to relieve the symptoms of carpal tunnel syndrome)

Cumulative trauma injuries cost workers lost income and businesses lost productivity. With serious injuries, workers may no longer be able to handle the physical demands of their former job.

The Kentucky Department of Workers’ Claims reports that in the fiscal year 2019-2020, there were 3,903 new applications for the resolution of claims, which means a disputed claim had to be resolved by an Administrative Law Judge. Among litigated injury claims, the three most common causes of injury were strains (1,433), falls, slips or trips (738), and cumulative trauma (437).

Contact a Cumulative Trauma Injury Attorney Today

Jobs that involve strenuous physical activity can cause cumulative trauma or wear and tear injuries. If you have developed a work-related cumulative trauma injury, you may be entitled to workers’ compensation benefits.

You’ll need the help of an experienced workers’ compensation who will fight for you to receive the full benefits provided by law. If you need help filing a workers’ compensation claim or appealing a denied claim, the Kentucky workers’ comp attorneys at Morgan, Collins, Yeast & Salyer are ready to help you seek the maximum compensation available by law.

Call us now at (877) 809-5352 or contact us online to schedule a free, no-obligation consultation, and put our Kentucky Courage to work for you.

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