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

Louisville Kentucky Legal Blog

Most states do not recognize PTSD as valid workers' compensation

Those who work in emotionally charged fields, such as first responders, often face stresses that the majority of workers will never experience. As a result, these workers are often viewed as being mentally tougher and able to cope with the traumas they often face. However, there has been an increase in the numbers of workers who are struggling with the effects of these stresses, and, unfortunately, many states -- including Kentucky -- tend to deny these types of workers' compensation claims.

In the past, the terms 'battle fatigue' and 'shell shocked' were used to describe the effects that combat situations had on the service members who returned from wars and struggled to return to normal lives. In more recent times, those terms have been replaced with post-traumatic stress disorder, which denotes a collection of mental and emotional symptoms that often manifest months or years after the event that triggered them. Because the disorder is considered to manifest mainly as a mental illness, it is more difficult to objectively diagnose.

Motorcycle accidents: Designated driver causes fatal crash

As the weather becomes warmer after the arrival of summer, the number of motorcycles on Kentucky highways increases significantly. While many vehicle drivers look out for bikers and consider them while driving, bikers will always be at risk of motorcycle accidents caused by impaired drivers. Sadly, a motorcyclist in Louisville fell victim to a drunk driver in the early morning hours of a recent Saturday.

According to a preliminary accident report, a 27-year-old woman was arrested after she allegedly made a turn that put her vehicle directly into the path of a motorcyclist. The biker smashed into the car. Although it appears that the rider wore a helmet, he or she suffered fatal injuries and did not survive the crash.

Workers' compensation: Man still recovering after arm amputated

Every job in Kentucky, unfortunately, entails some risks, but some professions have more than others. Depending on the work they do, construction workers typically face serious risks every day on the job. When accidents occur, workers' compensation insurance benefits is often the route workers use to cover medical expenses. One man in another state has recounted his long and continued journey of recovery after a horrific on-the-job accident he experienced two years ago.

The man was working on a bridge construction project two years ago when his accident occurred. At some point, a beam came loose and struck the man. In the process, it broke multiple rib bones on the man and severed his arm.

Motorcycle accidents: Beware of road hazards

With warmer weather in Kentucky, there are sure to be motorcycle riders who could not wait to get their bikes out from storage. For them, there is nothing better than taking to the open roads. However, specialized skills are required to stay safe and avoid motorcycle accidents because bikers have hardly any protection, and collisions with other vehicles often have catastrophic consequences.

While the most significant hazard for bikers might be negligent and inconsiderate vehicle operators, they also have to beware of all kinds of road hazards. Loose gravel and dirt can cause a biker to slide, especially when this is encountered while leaning into a turn. Any debris and litter on the road can cause a biker to lose control. Areas where cracks on the road surface have been repaired with tar can be slippery when baked by the sun, and even small potholes are incredibly hazardous.

Unaddressed hazards often lead to workers' compensation claims

Workers in Kentucky may be aware of the typical hazards they can expect to face in their particular industries. However, based on workers' compensation claims, some dangers are often left unaddressed because they are not typical of a specific sector. Housekeeping is one aspect that does not receive the attention it deserves because serious injuries can result from slips on wet spots caused by spillages or leaks, and from trips over debris or random, misplaced objects.

Too often only electricians are warned about the hazards posed by electricity. Extension cords, power strips, frayed wires and exposed outlets can threaten the safety of workers in any workplace environment. Another risk that is frequently disregarded involves visitors to a business. Allowing people who are uninformed about the company's safety protocols to move about unaccompanied can endanger their own lives and the lives of employees.

Car accidents: Drugs may have been factor in fatal collision

Reconstructionists use the evidence collected on the scene of a collision to piece together the actions that likely preceded an accident. Witness reports, vehicle data and surveillance video footage can aid an investigator with understanding the reasons car accidents may have occurred. Sometimes the evidence indicates that negligent actions of a driver may have contributed to an accident. A man from another state has been recently accused of negligence and contributing to a fatal accident in Kentucky.

The man was driving a truck while towing a horse trailer when the accident occurred. At some point, he lost control of the vehicle and crossed over into the lane of traffic traveling in the opposite direction. He collided with a vehicle that included a driver and two passengers.  

Common workplace risks for factory workers: Part 1

Louisville area factory employees are aware their work environments are filled with hazards that contribute to accidents. To minimize the risk of workplace accidents and injury, the OHSA requires factory and manufacturing employers to follow certain safety regulations and guidelines and take steps to keep their workers safe. Their jobs require them to remain alert and use proper safety measures and equipment and to be cautious. Unfortunately, their work environments are still full of hazards that could cause employees to suffer serious injuries and even fatalities. 

Workers who are injured or die while performing their jobs qualify to receive workers’ compensation benefits, which offer them benefits for lost wages, medical treatments and certain job protections. Common risks that factory workers are exposed to regularly include: 

Car accidents: Tragic Kentucky head-on collision results in death

Distracted driving has become a major concern to anyone who travels on the roads. News reports and studies indicate that many car accidents now occur because of distracted driving, whether it be from eating, cell phone use or distractions immediately around them in or out of the vehicle. It is unknown if a recent tragic Kentucky head-on collision resulted from distracted driving, but investigators are currently exploring the events just prior to the accident.

The accident occurred in the afternoon on a Kentucky highway between two vehicles traveling in lanes going the opposite direction. For unknown reasons, a 38-year-old female driver drifted across the center line and into the opposite lane of traffic. She collided her sedan with an SUV containing a driver and a passenger.

Car accidents: Man shatters femur in collision

The aftermath of any accident is overwhelming for anyone involved. Families of victims also often feel the impact even if they were not directly injured or involved. A family of a victim may experience worry over a loved one's health, the expense of medical bills or be required to miss work to care for an injured loved one. The aftermath of car accidents can easily impact many different people. Unfortunately, some Kentucky families have recently discovered the ripple effect that can result from a bad accident.

Early one recent morning, two women were in a vehicle going the wrong way on a parkway. An unsuspecting truck driver traveling in the correct direction did not see the women's vehicle, and a head-on collision followed. The impact of the collision resulted in the truck flipping over.

Workers' compensation: Benefits may be avaiable for families

Working in a coal mine is difficult work. Coal mining work has historically been dangerous due to the instability that the mining can sometimes cause. Sadly, another coal miner has died in a tragic accident while on the job. Other Kentucky families who have lost a loved one in a similar type of accident may wish to understand their options for workers' compensation death benefits.  

Sadly, the miner was just 29 years old when he suffered fatal injuries. The worker was on a late shift completing maintenance on a conveyor belt when the accident occurred. For unknown reasons, the conveyor belt started working in the middle of the maintenance work, causing the worker's death.

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