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

Louisville Kentucky Legal Blog

Workers' compensation: March drowning investigation concluded

The Kentucky Fatality Assessment and Control Evaluation (FACE) Program recently reported the conclusion of an investigation into the death of a patrol officer who drowned in March this year. The National Institute for Occupational Safety and Health says 12 to 13 workers nationwide suffer fatal work-related injuries each day. The FACE program's investigations aim to study the circumstances of such accidents to prevent similar incidents in the future. However, workers' compensation claims for death benefits are also filed every day.

In this case, a police officer was on patrol during a 7 p.m. to 7 a.m. shift on a Friday in March. Shortly after 9:15 p.m., the 45-year-old officer drove into an unanticipated floodwater area. He was unable to drive out of it, and he radioed the dispatch office to alert them of his emergency, requesting a tow truck.

Workers' compensation: Parents lack answers to son's death

The Kentucky Occupational and Safety Health office exists to enforce work safety regulations and to conduct investigations of workplace accidents, especially of accidents involving serious injuries and fatalities. Parents of a killed 17-year-old worker, along with a county prosecutor, have accused the KY OSH office of an incomplete and sloppy investigation of the boy's fatal accident. Experts state that incomplete investigations such as this one can affect workers' compensation benefits to an injured worker or family of a deceased victim.

The young man had begun a part-time job at a farm supply business that neighbored his family's home. His accident occurred shortly after he began his job. Very few details are known about the accident, although five employees were on site when the accident occurred. At some point, the boy had hitched a ride with another worker who was driving a forklift. It is unknown how it occurred, but he ended up on the ground and under the wheel of the forklift.

Car accidents: Children injured at bus stops

School administrators and authorities have worked hard over the years to ensure the safety of children at school bus stops and when in route to school. Despite efforts and safety education, car accidents continue to occur at school bus stops, endangering the lives of children and parents. An alarming six accidents have occurred across the country in recent weeks at bus stops. One accident injured two Kentucky children.

On an early recent morning, two students were struck by a driver as the children approached the bus stop. The children were 11 and 13 years old, and the extent of their injuries is unknown. The driver is not identified at this time, and the accident investigation is pending.

4 ways retail workers can get hurt during the holidays

You may dread the holiday season as a retail worker. Black Friday and the weeks leading up to Christmas can drain you. You may suffer mentally and physically as you strive to provide a welcoming environment for customers. Not only can the holidays leave you feeling overworked, but you are also at risk of sustaining an injury. 

Did you know that retail workers have a higher rate of injury and illness than the construction industry? While you are straining to accomplish your tasks and help customers find products, you may suffer a workplace accident. Here are some core hazards to watch out for this holiday season.

Workers' compensation: Man dies after injury at UPS facility

When the Occupational Health and Safety Administration investigates a work accident, it typically evaluates employee training, equipment condition, the safety of the work environment and other factors. Following an OHSA investigation, employers in violation of some policies can face serious fines. Unfortunately for workers, unsafe work environments or improper training can result in injury, for which they are likely entitled to pursue a workers' compensation claim.

Sadly, a Kentucky family may be filing a workers' compensation claim for death benefits in the aftermath of their loved one's death. The 43-year-old employee was working in a UPS facility when suffered a serious injury while working on a piece of equipment. Despite medical treatment, he did not survive.

Motorcycle accidents: Bike passenger dies in crash

A variety of shapes and sizes of vehicles travel along Kentucky roadways. Although many types are permitted, some vehicles are certainly at a disadvantage to others due to a difference in size. Motorcycles and their riders are definitely at a disadvantage when motorcycle accidents with larger vehicles occur. Sadly, a recent fatal crash involving a motorcycle underscores the harm that these types of accidents can cause.

Two riders were traveling eastbound when the crash occurred. Both riders were 43 years old and were reportedly wearing helmets. The driver of the motorcycle was unable to avoid a crash with a minivan whose driver made a left turn and pulled into the bike's path.

Workers' compensation: Man dead after apparent electrocution

Large and small construction projects in Kentucky typically involve numerous workers, large equipment and cumbersome supplies. All aspects are a recipe for a multitude of work accidents. If a worker suffers an injury from an on-the-job accident, he or she may have access to a state-managed workers' compensation insurance program to assist with related expenses. Sadly, one family likely has the option to file a claim for death benefits after the loss of their loved one while working on an elevator shaft.

The worker was on the 24th floor of the apartment building that was in the process of being completed. The worker was specifically doing work on an elevator shaft when other workers noticed he collapsed. They attempted to perform CPR on their co-worker and even transported him to the lower level of the building for paramedics to have access.

Workers' compensation: Man injured when trapped under machine

It is no a surprise that a construction site can consist of many dangers to workers and others on a job site. Construction work in Kentucky often involves working with unstable environments to begin the process of building something new. Unfortunately, an unstable environment may be the reason one injured construction worker in another state may be filing a workers' compensation claim for injuries.

The accident occurred on a road construction site early in the morning. The project involved widening an intersection and road. The worker was operating a machine to roll and compact the dirt when it is believed that the machine may have encountered an unstable piece of dirt.

Car accidents: Man dies in horrific crash

Unfortunately, Kentucky employees are familiar with the tragedies that can occur in the blink of an eye. Sadly, several people witnessed one of the area's most recent horrific car accidents.  Traffic was stopped for hours on the interstate, and one man died as a result of the crash.

The accident occurred as drivers were traveling eastbound on Interstate 264. Authorities closed the interstate to allow accident reconstructionists to collect evidence and investigate the events leading up to the crash. From the initial report, it is believed that a gas tank truck may have struck the victim's car hard enough to cause it to crash into a nearby SUV. The impact of the crash into the SUV apparently sent the man's car back up under the gas tank trucker.

Workers' compensation: Claims without attorney may be difficult

Undoubtedly, working with different construction tools, equipment or machinery can pose a serious risk to workers. When an injury occurs on the job, many Kentucky workers file a claim through their workers' compensation program. When an unfortunate tragic death occurs at work, families sometimes qualify for death benefits through the same insurance program. Sadly, three different workers and/or families may be filing claims in another state after three different construction accidents.

The first accident became a horrific tragedy for one worker. The worker was using a chainsaw to cut a piece of pipe in a hole in the ground when the accident occurred. The details are unclear, but the chainsaw slipped and cut the worker in two places. Unfortunately, one of the places was his neck, which resulted in a fatal injury. According to reports, he was vocal as he was being loaded in the ambulance, but he did not survive.

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