Kentucky Law Blog
Mark’s Notes on Legal Topics of Interest
Easements are part and parcel of the land they affect. They don’t change when the property changes hands. Subsequent owners are obliged to let whoever owns the easement use the property.
To stay safe, everyone on the road needs to understand the dangers of driving and know how to avoid collisions. What causes serious auto accidents?
Many dispute resolution processes are cheaper and faster than the traditional legal process and can provide the parties involved with greater participation in reaching a solution.
Technology jobs and office administrative positions have various components in common, including using a keyboard and mouse and sitting for long periods. Repetitive stress injuries, such as carpal tunnel, can become painful, preventing you from completing your regular job duties. We often assist clients in filing for workers’ compensation.
The road to receiving Social Security Disability Insurance is not always a smooth one. To gain approval, you must go through what is sometimes a lengthy, complicated application process.
Kentucky construction workers deserve to have a safe environment. Unfortunately, no work environment is ever entirely devoid of potential hazards. As a construction worker, you also face more risks than most.
In Kentucky and elsewhere, one of the foundation principles for personal injury claims is premises liability. Landowners owe a duty of care to invitees to keep the premises reasonably safe and to warn them of potential dangers.
Understanding the difference between the SSA’s benefit programs may help people identify which they may qualify for and to receive the assistance they need and deserve.
Back injuries are among the most common injuries employees deal with. Even lifting a box in the incorrect way can result in back strain or injury.
Repetitive strain injury is the name of a host of different conditions. These disorders are also called repetitive motion injuries and can range from tendonitis to carpal tunnel.
Road construction in Kentucky is operating at full power, and drivers need to be aware that construction zones present increased risk for construction workers and motorists alike.
Workers’ compensation insurance is designed to allow workers in Kentucky who suffer a job-related injury to recover the cost of medical treatment, a portion of their salary, and vocational training, if necessary, while protecting employers against a personal injury lawsuit. Injured workers can recover workers’ comp benefits without worrying about proving who was at fault for the injury.
OSHA also estimates that nearly half of the construction accidents involving ladders and stairways resulted in the injured individuals missing time from work.
Among the major causes of death in the United States, traumatic brain injuries (TBI) are on the rise. A CDC study in 2014 revealed that the number of TBI-related cases that resulted in hospitalization, emergency room visits or death had risen 53%.
In 2014, over 50,000 people died from complications due to TBI.
In this era of coronavirus, medical experts say those who can’t resist the urge to meet up with friends should do so outside and from a safe distance. Outdoors may be a safety zone of sorts against contracting coronavirus, but the summer months can be fraught with...
Summer months mean more motorcycles on the road. All motorists should watch for them, and motorcyclists should drive defensively. These statistics from Carsurance.com, which provides online tools for comparing insurance companies, reveal how much more risk...
Government facilitated benefits like those coming from Social Security exist to give you financial room to breathe when it feels the walls are closing in after developing a disability or otherwise debilitating condition. If you or a loved one have never sought Social Security disability benefits, it may seem at first to be a confusing or daunting task.
According to the CDC, more than 4.7 million people are bitten by dogs in the U.S. each year, resulting in about 800,000 injuries that require medical attention. What’s more, is 50% of dog bites happen on the dog owner’s property, accounting for one-third of all homeowner insurance liability claims.
Whether you suffered a back injury by way of a slippery surface or you have developed pains over time due to everyday labor, you likely already know the impacts that back pain has had on your job performance
In Kentucky and other mining areas, pneumoconiosis is more commonly known as black lung disease. It results from breathing in some kind of dust, which in this area is most often coal dust.
If you suffer a personal injury, your life may change significantly for a time. Generally, though, you are back on your feet sooner than you think. Your personal injury claim may fully cover your medical costs and lost wages. You can go back to work as soon as you are well
If you are walking by a lake and you see someone drowning, are you potentially liable for not helping them?
When you have an anxiety disorder, it may be extremely debilitating. Severe episodes may impact your ability to interact at work or socially. If this condition affects your daily life, there are ways you may be able to get the help you need.
Most disabled veterans are eligible to receive benefits from the U.S. Department of Veterans Affairs. However, the Social Security Administration has different disability requirements than the VA.
One misconception about concussion is that you actually have to hit your head to have a concussion. That is actually not true.
Many Kentucky residents living with stress often wonder if they can collect workers’ compensation for stress that stems from work-related duties. Unfortunately, the answer is probably not.
When enough is enough, there is no shame in getting the help you need to keep your life together and continue improving your condition. We believe that is the core principle of social security programs.
A report published by the University of Kentucky’s Transportation Center stated in 2015, snow, ice, and slush contributed to almost 5,000 accidents. Fifteen of those were fatal.
The open and obvious doctrine states that if a condition or hazard is out in the open and obvious to any reasonable observer, then the courts cannot hold a landowner or occupier liable for failing to fix or warn of the condition.
Aside from some of the common risk factors that are often recognized, such as falling off of ladders and working with dangerous machinery, there are less common scenarios that can also be very dangerous.
There are some studies that show that they are the most susceptible group to texting and driving, as well as other forms of distracted driving behavior. Examples include talking to other passengers, changing music stations, or even becoming distracted by GPS navigation systems.
Filing your Social Security Disability claim online can make the process much faster than applying other ways in Kentucky. However, before you begin, you must make sure you have all the information the Social Security Administration requires. Having everything handy...
Unfortunately, electrocutions account for more than half of the nationwide construction fatalities each year, 61% to be precise.
In short, in order to be considered disabled by SSD standards, you must be unable to do the work that you did before the incident.
Because burns can damage a variety of body functions, Social Security will evaluate burns based on their predominant impact upon the body.
Some people, though they possess problems with their vision, might not meet the criteria for blindness, but this does not mean they have no recourse to qualify for disability.
Kentucky laws provide for a variety of different payouts for injured workers. Of course, the exact type and value of your available benefits will vary depending on the details of your injury, your wages and how the laws apply to your situation.
If someone gets injured on your property, he or she could sue you for medical expenses and any other related costs or losses that result from the injury. If you have insurance coverage, though, your insurance company will handle any claims and pay the expenses.
The BLBA covers costs for doctor’s office visits, consultation and hospital visits. It also provides compensation or outpatient and inpatient hospital charges, including any visits to the emergency room for chest X-rays and diagnostic laboratory testing for those with acute related conditions.
The first requirement stated by the Social Security Administration is that you have worked in a job that is covered by Social Security and the second is that you have a disability that prevents you from working.
The Social Security Administration has very strict guidelines for approving claims. If anything is wrong with your claim or if you do not meet all the criteria, the SSA will deny your claim. Fortunately, if this happens, you do have the right to appeal.
As a Kentucky worker, you probably know that you likely can file a claim for Workers’ Compensation if you suffer an on-the-job injury or contract a work-related illness. But you may not know if you are actually eligible for work comp or, if so, how to go about filing a claim.
Businesses are responsible for maintaining an environment that allows their customers to visit the premises and stay safe while doing so.
Some people behind the wheel of a car do not worry about an accident; perhaps they have unusual confidence in their driving skills. The truth, however, is that nearly all people traveling on America’s highways and roads are vulnerable to a motor vehicle accident and injury.
When your employer provides adequate instruction and frequently revisits safety protocols to monitor their effectiveness, you can be more confident about your ability to stay safe at work.