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

Louisville Kentucky Legal Blog

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.

Workers' compensation: Black lung cases at high rate in Kentucky

Coal mining continues to be a viable form of income for many residents in eastern Kentucky. An alarming study reported by the National Institute for Occupational Safety and Health indicates that more miners are diagnosed with black lung currently than any other period in the last 25 years. Workers experiencing diseases or injuries in relation to their occupation are likely covered by federal or state-regulated workers' compensation insurance.

Black lung is a disease contracted by some coal miners after multiple years of working, and the disease is slow to progress and can take years before it is detected. It occurs after miners inhale the dust while mining coal and the surrounding rock, often resulting in difficulty in breathing and in some cases, death. The rate of occurrence is at its highest in Central Appalachia, including the Kentucky mining region. Because the disease progresses slowly, researchers are concerned that the rate will continue to increase over the next few years; the disease has already resulted in over 76,000 miner's deaths since 1960.

More night-shift police officers may seek workers' compensation

Police officers, in general, are at risk for on-the-job injuries due to the time they spend in their vehicles. Not only does that increase their chances of being in a car crash, their necks, backs and shoulders could experience the strain of being behind the wheel for a prolonged time. Having to get in and out of a vehicle repeatedly also takes its toll, as does bending, crouching and twisting in the course of regular police work.

Then there is the risk of being injured or shot by a suspect or belligerent member of the public. However, it seems that night-shift police officers may have it worse than their daytime counterparts.

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.

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