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The Law Office of Alan S. Rubin
A Louisville attorney practicing since 1987

Louisville Kentucky Legal Blog

Workers' compensation: Man dies after coal mining accident

Despite improved safety procedures and technology over the years, coal mining accidents continue to occur in Kentucky and other mining locations throughout the world. Fortunately for miners, employers are required to provide workers' compensation insurance benefits in the event employees are injured. Sadly, one family in another state may be filing a claim after their loved one was fatally injured in a mining accident.

The worker was in an underground mine moving equipment when a large piece of the mine wall came loose and hit the man. Apparently, co-workers were nearby when the accident occurred, because they were able to offer first aid until the mining company's medical team could arrive. The mine employs a medical team with licensed emergency medical technicians available for accidents. The victim reportedly talked to his co-workers the entire time they attended to his injuries.

Motorcycle accidents: University of Kentucky student dies in crash

The cooler fall temperatures have made it more enjoyable for Kentucky riders to be out on the roads on their motorcycles. Unfortunately, along with increased riding, there is a greater chance for motorcycle accidents to occur. Tragically, a senior college student died in a serious accident as he was riding his bike one morning.

Reportedly, the student was in his last year at the University of Kentucky and was well-liked by everyone that knew him. Several people reported witnessing the tragic accident that morning. Early investigation indicates that he was turning left, traveling in the opposite direction of a sedan who was also turning left when the accident occurred.

Workers' compensation: Families eligible for benefits after death

It could be argued that Kentucky workers are employed in one of the safest times that has existed. Workers have more rights, more safety gear and more regulatory agencies to promote safe work environments, but on-the-job accidents still occur. Sadly, one family in another state may be filing for workers' compensation death benefits in the near future.

The family's loved one was working at a pipeline construction site when the fatal accident occurred. He was 38 years old at the time of his death. Apparently, the ditch for the pipeline had been dug, the pipe laid and was being covered when he was hit by a construction vehicle. Reportedly, the driver of the vehicle did not see the man as the driver was packing the dirt over the pipeline. The victim was walking near the vehicle. 

Ketucky car accidents: tragedy struck during eclipse

The recent solar eclipse had many Kentucky residents in awe as they viewed the rare and infrequent occasion that occurred from coast to coast. Many residents took to the streets, pausing work, school and other routine activities to view the event. Warnings were issued to drive with caution during the event in an effort to prevent car accidents due to distraction from the eclipse. Sadly, two observers were struck by a car during the event, and it ended tragically.

Reportedly, two women worked at a nearby clinic and decided to view the event on their lunch break when the accident occurred. It is believed that the 38-year-old driver crossed over the center line. Her vehicle hit a utility pole before hitting the women with her vehicle.  At this time, it is unknown what events precipitated the crash, but routine toxicology tests were performed.

Kentucky motorcycle accidents: collision with truck kills rider

Adhering to traffic laws, following the speed limit, wearing safety restraints and not driving distracted are all ways Kentucky residents aim to avoid collisions. In addition, motorcyclists are well aware that wearing helmets can further their safety while riding a bike. It is well known when motorcycle accidents occur involving a bike and a larger vehicle, the motorcycle rider is at greater risk for serious injuries. Recently, one young motorcyclist lost his life following an accident despite wearing safety gear.

The 20-year-old man was traveling west on the road when the accident occurred. Reportedly, a 62-year-old male driver made a left turn on the same road the motorcyclist was traveling. The older man was driving a pickup truck, and initial investigation reports indicate he may be at fault.

Many types of jobs result in back pain

If you experience back pain as you do your job, you are far from alone. In fact, many jobs lend themselves to the type of repetitive work that leads to back pain and that can affect your sleeping, exercising and daily living patterns — not to mention your ability to work.

Of course, it is also possible to experience back pain at work from an easily identifiable incident. Whether your back pain arose from such a case or from months or years of work, you may be eligible for worker’s compensation. To that end, here is a look at some jobs with high rates of back pain.

Elevator falls: Workers' compensation may be filed by injured

Reportedly, falls are the number one killer on construction sites in Kentucky and across the country. When falls do not result in death, they often result in serious injury for a construction worker. Fortunately for workers, employees are required to provide workers' compensation insurance to cover medical expenses when on-the-job injuries occur. Several workers will likely need to file insurance claims after injuries suffered due to a falling elevator on their construction site.

Apparently, an elevator at the construction site of a luxury apartment building crashed through seven stories. Inside of the elevator were 11 employees. Five workers were injured as a result of the fall, and a fractured foot was the apparently the most severe injury.

Car accidents: Police cruiser collides with pickup

Dealing with the aftermath of a car collision can be complicated. Victims of car accidents may have to deal with insurance companies, handle property damage and pay for expensive medical bills. Family members of deceased victims will additionally have to plan and finance an unexpected funeral. Recently, a pickup truck collided with a Kentucky State Police cruiser, and it resulted in a fatality.

The officer had been called to an accident involving an injury and was traveling on a busy state highway when the collision occurred. Witnesses reported that he was traveling northbound with his siren and lights on. As he traveled north, he passed several other vehicles on their left side. The pickup truck was also traveling north and was attempting to make a left turn onto another road when the cruiser struck the driver's side of the vehicle. The impact resulted in both vehicles coming to a stop in a nearby yard.

Understanding the impact of worker misclassification on workers' comp

The law is incredibly clear here in Kentucky as to the circumstances in which employers are required to provide workers' compensation coverage: Whenever a business employs one or more employees, it must maintain coverage with no exceptions recognized for part-time, temporary or even family employees.

Indeed, the failure to carry work comp coverage can have major consequences, as state law dictates that non-compliant employers are subject to fines of $100 to $1,000 per employee -- with each day constituting a separate offense -- and may be held responsible for covering injured employees' income benefits (lost wages, medical expenses, etc.).

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