Roberts Law Office Injury Podcast

Episode 32:  Jeff Roberts is a Calloway County workers’ compensation attorney.  In this episode, he explains what happens if your Kentucky workers’ compensation claim gets denied.  If you’ve been injured at work, these benefits may be extremely important to you and your family.  The game isn’t over and Jeff explains why.

Is It Time to Speak with an Attorney about Your Workers’ Compensation Claim?

The office phone number is (270) 753-0053.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 31:  Murray Kentucky personal injury attorney Jeff Roberts discusses cumulative trauma injuries, also called repetitive use injuries.  It’s a common issue in workers’ compensation claims, especially for people who work on assembly lines and in light manufacturing.

Is It Time to Speak with an Attorney about Your Workers’ Compensation Claim?

The office phone number is (270) 753-0053.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 30:  In today’s episode, Calloway County injury attorney Jeff Roberts discusses the topic of pre-existing conditions and how they could affect your workers’ compensation and/or injury claim.  He’ll provide answers to a very common question, “What if I Have a Pre-Existing Condition?”

Pre-Existing Conditions Are Handled Differently

Jeff’s law firm focuses on both workers’ compensation and personal injury cases, including car wrecks, slip and fall, motorcycle cases and more.  Pre-existing conditions are handled differently, depending upon whether you are filing a workers’ comp claim or a personal injury claim.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 29:  In today’s episode, attorney Jeff Roberts discusses Kentucky workers’ compensation claims for first responders.  We often think of factory workers, construction workers and other occupations, but first responders are also covered by workers comp.  Let’s join Jeff for today’s discussion.

Jeff Roberts has represented many first responders during his career.  He has an immense amount of respect for what they do.  They deserve much better than our current laws provide.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 28:  In today’s episode, Calloway County Kentucky attorney Jeff Roberts discusses your rights as a passenger in a car wreck.  How do you get injuries covered and medical bills paid?  Let's join Jeff for this important episode.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 27:  In today’s episode, Jeff Roberts will discuss premises liability.  As a personal injury attorney in Calloway County, he’s handled many of these cases over the years.  In basic terms, premises liability claims can arise when someone is hurt on another person’s or business’ property. 

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 26:  In today’s episode, personal injury attorney Jeff Roberts discusses injuries resulting in a loss of use or an amputation.  This is a difficult topic, but he has over 28 years of experience representing clients who have suffered these due to workplace injuries, trucking collisions, car wrecks and motorcycle accidents.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 25:  In today’s episode, Calloway County Attorney Jeff Roberts discusses 5 considerations when hiring an attorney.  These are issues and factors you should think about if you have to hire an attorney to handle your injury case.  These 5 criteria can be used in selecting an attorney for many other types of legal matters, as well.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 24:  Kentucky personal injury attorney Jeff Roberts discusses what happens if you’re in a wreck while on vacation.  Jeff has been handling injury cases for over 28 years.  He’s helped Kentucky residents who’ve been injured while traveling out of state, as well as those injured in Kentucky who may live in a different state.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 23:  Kentucky workers’ compensation attorney Jeff Roberts offers advice on how to avoid these mistakes with your workers’ comp claim.  Often people try to help their cases, but actually end up hurting it or creating unnecessary challenges for your attorney.

Failing to Report Your Injury

This is a threshold defense for the company to deny your Kentucky workers’ compensation claim.  It must be overcome before the injured worker can receive any benefits.  If the defense can successfully prove you failed to report your injury to a supervisor or someone higher in the company, the claim can be rejected and basically everything is done, regardless of the injuries.

Under Kentucky law, individuals are required to report the injury, as soon as practical, after the injury.  Don’t be tempted to assume it’s not a “big deal.”  If you experience pain or are having problems doing your work activities, this includes even a minor cut, you need to tell a supervisor.  In the case of a minor cut, it might get infected and lead to other medical issues.  However, if you failed to report it, the company may be off the hook and you could be left with all of the medical bills.

Some companies try to enforce a 24-48 notification policy.  They claim that if you fail to report the workplace injury within this period of time, you don’t qualify for workers’ comp.  In Kentucky, the company policy has no bearing on your workers’ compensation claim.  The law says you have to do it as soon as practical, after the injury.  You have some leeway, but don’t wait too long to notify the company.

It’s important to remember, you need to notify a supervisor or someone “above” you.  Telling a co-worker doesn’t meet your requirement.  Asking the co-worker to tell someone is also risky because they may get distracted and forget to do it.  Nonetheless, if your co-worker tells the supervisor, it may meet the standard for notification.  It’s better to make sure you (or your spouse) do it yourself. 

If you seek medical treatment, it’s a good idea to have your medical provider document you’re there due to a workplace injury.  Your medical records will be an important collection of evidence supporting your Kentucky workers’ compensation claim.

Don’t Skip Appointments

It can be harmful to your claim if for some reason, you decide to skip a doctor’s appointment or a physical therapy session.  The defense can claim you failed to follow medical advice.  This can severely limit the value of your claim and the benefits you ultimately receive.  The doctor can claim your missed therapy sessions have cause your healing to take longer.  This can also enable the company to stop your temporary total disability (TTD) payments. 

You Don’t Have to See the Company Doctor

Under Kentucky law, you have the right to see a medical provider of your choice for your workers’ compensation injury.  Some companies try to convince the injured worker that he/she has to see the company doctor.  This is false.  In reality, the doctor may downgrade the extent of your injuries or your impairment rating to benefit the company that is sending them a steady stream of patients.  For this reason, you may want to begin with your family doctor (i.e. primary care doctor) who can refer you to a specialist, without regard to the company’s interests.

If the employer has a managed care plan, they can require you to see a doctor who participates in the plan, but normally you get to choose which of the doctors you’ll visit.

Avoid Skipping or Not Finishing Your Medication

If you’ve been injured at work, you may have prescriptions for medications to help treat the symptoms of your injuries.  Some people get worried about the co-pays or other issues and think they’ll save money if they don’t fill a prescription or don’t finish the medicine as directed.  If reality, this can also harm your workers’ compensation claim.

In Kentucky, as long as your treatment and medication is for the work-related injuries, and they are reasonable, there are no co-pays or deductibles.  The injured worker will not be out of pocket for the treatment. 

It’s possible that you get a prescription filled, before the claim has been fully set up in the system, so the pharmacy may ask for a co-payment.  Keep your receipt and you can get a refund for that expense.

If You Have Questions or Concerns, Contact Your Attorney

It’s always best to speak with your attorney before you take drastic actions or decide to change doctors.  Kentucky law has a gatekeeper policy.  This is the person who can help get you referrals or other treatments.  You are only allowed to change this gatekeeper 1 time, without the insurance company’s approval.  Again, don’t make a drastic change without informing your workers’ compensation attorney, beforehand. 

The gatekeeper can be your family doctor or another treating physician.  You need to understand that the company may try to designate the company doctor as your gatekeeper.  It can be confusing.  This can also make it difficult to get to a specialist or a different specialist.

Important Information about Safety Violations

In Kentucky, if your workplace injury is due to the company or a co-worker violating a safety statute or safety policy of the employer, your benefits can be increased by 30%, for that safety violation. 

When you give notice to your supervisor about the initial injury, be sure to specify that it involved a safety violation.  You should document this because it’s extremely important to the value of your claim.

It’s important to understand that if you violated a safety standard and it resulted in your injury, your benefits can be reduced by 15%.  Following safety guidelines and standards is always the best course of action.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 22:  Jeff Roberts, a personal injury attorney in Murray Kentucky, also handles social security disability claims for his clients.  He’s handled social security cases since 1992, when he first began practicing.  These cases have to do with disability or SSI, not social security retirement issues.  

Social Security Disability Insurance (SSDI) is a benefit for those who have met the requirements for work history and what has been paid into the system.  These benefits help people when they become disabled.  Supplemental Security Income (SSI) is paid out based on financial need.  People who receive the SSI benefits typically have little to no income.  The disability requirements are the same for SSDI and SSI.  The non-disability requirements, however, are different.

SSDI claims can be filed at the same time as a KY workers’ compensation claim, a state disability retirement claim and sometimes a personal injury claim.  Jeff explains that it may be beneficial to have an attorney who can handle these multiple claims from a case expense and an efficiency basis.  The attorney would be familiar with the status of each claim and can manage the overlap so as to maximize the potential financial benefits for the clients. 

At times, if the claims are properly managed, the settlement agreement of one of the claims could negatively impact the amount of the benefit of the other, related claims. 

Social Security Disability Insurance

In a nutshell, to qualify for SSDI, assuming you’ve met the work history requirement, is that you are unable to currently work a 40-hour work week.  There are Listings of Impairment that can be considered in determining a person’s eligibility for disability.  Depending upon the types or number of listings, a person may qualify fairly easily (e.g. inoperable cancer).  You may not need to hire an attorney if you meet the proper criteria.

Bi-Polar, Schizophrenia and other Mental Health Impairments

People are sometimes surprised to find out that just because they have been diagnosed with a condition doesn’t necessarily mean they qualify for SSDI benefits.  It comes back to how the condition impacts the person’s ability to perform work. 

Medical testing and medical records are important because they provide documented proof of a person’s condition.  But again, it’s how the condition affects you and other issues.  A person’s education level, his/her past work history and other factors are also considered.

Age is another determining factor for Social Security Disability Insurance benefit.  The older a person is when they file a claim for SSDI benefits, can have a positive impact on the claim.  There’s a break in the decision-making process if the person is age 50 and there’s another break at age 55.  This means, one set of work restrictions could be disabling for a 58-year old that would necessarily be seen as disabling for a 48-year old.

When reviewing the person’s work history, if they’ve spent their time doing heavy, manual labor, and now they’re limited to a low weight restriction, the Social Security Administration (SSA) may say the person qualifies for SSDI benefits because the possibility of retraining the individual for something they’ve never done is relatively low at 59-60 years of age.  If the person is only 30 year of age, the situation may be viewed differently by the SSA.

Cognitive Impairment

Some individuals may have very low cognitive abilities, for a variety of reasons.  The Supplemental Security Income benefit provides a social safety net to provide some level of income to help those individuals.

If someone has a work history, but later develops a mental health issue, he/she may also qualify for SSI benefits.  For instance, if someone is diagnosed as being bi-polar, but their ability to manage the condition with medication or other treatments becomes less effective, he/she may now qualify for SSDI and SSI benefits.

PTSD and Social Security Benefits

Some people who have experienced trauma are now no longer able to work in a normal setting due to the noise or the anxiety they experience around other people.  We often think of people who have served in the military who are sometimes likely to suffer from PTSD symptoms.  But, they aren’t the only ones.

The majority of the PTSD cases Jeff has handled from a Social Security perspective have involved women who have experienced trauma from sexual abuse or physical abuse.  The PTSD of these traumatic experiences can often prevent someone from working in an office or factory setting until they’ve received significant therapy, counseling and possibly medication, if at all.

Social Security Benefits vs. Not Working

For the majority of individuals, holding down a job is far better than going on social security disability from a physical, mental and financial perspective.  Most of the people Jeff sees would prefer to work, if it’s possible. 

There may be an option of the individual returning to work or taking a job.  If this happens, and it seems to be feasible, there are a lot of positive aspects to pursuing the opportunity.  You should let your attorney know this is happening, but again, the opportunity to return to work may far outweigh the money received through disability benefits.

Head Trauma and Brain Injuries

Consider the possibility that someone fell, was hit in the head or involved in a car accident that resulted on significant head injuries and/or brain trauma.  This person may be able to file a successful claim for Kentucky workers’ compensation benefits, file a motor vehicle accident claim and also be eligible to file for social security benefits. 

Jeff finds that when head trauma and/or brain injuries are present, it’s often beneficial for him to speak with the person’s family members or spouse.  Doctors explain that brain injuries may result in a loss of memory, trouble communicating or personality changes.  The injured person may not realize they are exhibiting any of these symptoms. 

These conditions and symptoms are often referred to as “hidden injuries.”  It’s also another reason the proper medical testing and/or medical records are so important to the success of the social security disability claim.  Jeff understands how to work with physicians to ensure the proper documentation is included in the injured person’s file.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 21:  Calloway County attorney Jeff Roberts has been practicing for 27 years.  He’s going to provide his perspective and advice for anyone considering law school and becoming an attorney.  Jeff’s daughter Clarissa, recently graduated from law school, so Jeff’s been able to develop an even newer perspective on the decision. 

Law school will definitely teach you how to be a workaholic.  In Jeff’s opinion, the successful attorneys typically work substantially longer than a normal work week.  In fact, practicing law is significantly different than what Jeff thought it would be in law school.  Law school teaches you the basic concepts of law.  However, it doesn’t teach you how to actually practice law.

Key activities such as drafting motions, taking witness depositions and other day-to-day activities are really taught in many law schools.  Students may have the opportunity to gain exposure to these while clerking or working in law firms, prior to graduation.  A strong, experienced mentor is a valuable asset for any new attorney.

The Law School Journey

Interestingly, your undergraduate degree does not have to be a pre-law curriculum.  It could be political science, history, economics, business or any number of areas. 

To begin, you have to take the Law School Admissions Test (LSAT).  Assuming you perform well on this exam, you’ll apply to one or more law schools.  Once accepted, it usually takes 3 years to complete law school.  You’ll have earned a Juris Doctorate (JD).  Once this happens, you’ll prepare to take the Bar exam.  This extensive test is required for you to actively practice law in a particular jurisdiction (i.e. in Kentucky, Tennessee, etc.).  These is a Uniform Bar Exam, which is generally accepted by multiple states.  However, you would still have to take the state-specific portion of the Bar exam to be admitted to practice in a specific jurisdiction.

Things I Wish I’d Known

For Jeff, this biggest surprise is that after completing law school, he’d still need to learn the day-to-day art of actually practicing law.  Luckily, Jeff did have a mentor who was able to provide constructive criticism as he learned by doing.

Another difficult issue is understanding the need to be able to have difficult conversations with clients and their families, as you attempt to help them through challenging situations.  When Jeff first started practicing injury law, he found it difficult to sometimes reassure clients and to manage the expectations of his clients.  These are challenging conversations for many new attorneys, especially when the client has sustained a life-changing injury.

These days, Jeff actively encourages his clients to ask questions so he can be sure there is a proper understanding of the situation.  It also helps him to make sure he understands the issue(s) the client is concerned about.  This helps to avoid confusion, while again, also helping to set the correct expectations. 

Are You Prepared for the Stress?

The stress of practicing law can be a significant factor.  The pressure of law school can help the individual to begin managing higher stress levels.  The law school experience also begins to help the person to acclimate to a heavy workload.  Effectively managing deadlines is a critical skill for anyone who wants to be a successful attorney.

What’s a Typical Day Like for Jeff Roberts?

To frame this answer, Jeff is a solo-practitioner who handles personal injury, workers’ compensation and social security disability claims.  He’s the only attorney in his office, but he has staff to assist him.  His experience will be different from someone who works at a larger firm or focuses on another area of law.

Each day varies for Jeff.  This can keep it exciting.  In addition to his private practice, Jeff is also an Assistant County Attorney handling child abuse and child neglect cases in Family Court.  He’s usually in court on Mondays working with these cases until noon or later.  The abuse and neglect cases require work throughout the week, but Mondays are when the hearings typically occur. 

Jeff may also have hearings related to his injury cases throughout the week.  Some of the hearings are done remotely, via online Zoom video meetings.  He’ll meet with clients most days, depending upon what is going on and the status of the cases he’s handling.  He’ll spend time drafting documents, editing and correcting documents, taking depositions, etc.  There’s really no typical day.

Related to the heavy workload, we recently discussed that Jeff had an oral argument before the KY Supreme Court, on behalf of his client.  He came in during the weekend to prepare for hearing.

It’s not unusual for Jeff to work afterhours and/or on the weekends to get briefs and other legal documents drafted or simply to catch up on the activities that mount up during the week.  Again, it’s critical that deadlines be met to avoid causing problems from a legal and/or procedural standpoint. 

Jeff handles cases across Kentucky, so this adds the possibility of travel time, arranging schedules on different time zones and logging some serious windshield time.  He can make phone calls while driving, but many of the other activities will have to wait.  Video conferencing is making this easier, but there’s still a fair bit of travel.

You may find the amount of technology used in practicing law to be a surprise.  You need to learn to become comfortable with a tremendous amount of technology and online resources.  Legal research is nearly exclusively done online, now.  Extensive client files and records are often uploaded to a server or other cloud-based system.

Jeff Closes with 3 Important Pieces of Advice

First, if you’re planning on going to law school to become an attorney based on what you’ve seen on TV, you’re going to quickly find out that it’s nothing like what you see on Law and Order or other shows. 

The second important piece of advice is to always remember the Golden Rule.  Treat your clients like you would want to be treated.  Give them the respect you would want someone else to give your mother or father. 

The third piece of advice is something another attorney shared with him, years ago.  It’s that if you’re not careful, you will lose your reputation one time and you will never get it back.  The point is handle the situation the way you should, because your colleagues, judges and others are always watching.  Ethics and integrity are vital.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 20:  Calloway County Injury Attorney Jeff Roberts discusses tractor trailer accidents and tips help you drive safely on the roads this summer.

As the summer season gets underway, people get excited and look forward to hitting the roads on vacation or quick weekend trips.  As you and your family do so, it’s important to remember the risks associated with driving around tractor trailers.  The size and weight of these large trucks can make it a dangerous situation if people aren’t paying attention.

The reaction time of a large truck is much different than what you experience in your car.  This applies regardless of whether you are traveling in the same or opposite direction, on an interstate or county road.  You must understand they simply can’t maneuver as easily as other vehicles.

Jeff describes his own experience watching cars cut in front of semis and suddenly begin applying the brakes, because the traffic is beginning to slow.  The truck can’t possibly react as quickly as drivers might assume.  The required stopping distance is an important factor.  This can lead to a devastating tractor trailer collision, sometimes resulting in a fatal accident.

Tip #1:  When changing lanes, wait until you can see the car in your rear-view mirror, before you move over.  This can help to ensure there’s enough distance.  Your side-view mirrors can fool you.

Tip #2:  Always use your blinkers when changing lanes, especially around large trucks.  It will alert the other driver as to your intention.  They can prepare for the lane change.

When tractor trailers, flatbeds or other box trucks are carrying freight on an incline, their speed will reduce more quickly than sometimes anticipated.  The brake lights won’t activate to warn you.  If you’re following too closely, you could be at risk of an accident.

Tip #3:  Allow more distance between your vehicle and a semi-truck when approaching an incline.

Blind spots create a significant risk.  These spots are substantially larger for a truck.  The exist on the sides, front and rear. 

Tip #4:  Avoid driving in a tractor trailer’s blind spots.  This would be a good topic to discuss with your young drivers.

Tip #5:  If your vehicle doesn’t already have them, consider purchasing blind spot mirrors to assist you in seeing the other cars.  Those mirrors are widely available and relatively inexpensive.

Our area of the country experiences a lot of rain showers during the summertime.  This requires an increase in your stopping distance.  The rain may also make it harder to see other vehicles on the road. 

Tip #6:  If your windshield wipers are on, make sure your headlights are on.  Even if you can see, the lights help other drivers to see you.  Remember, even if you have your running lights on your taillights may not be on.  Rain often makes it more difficult for approaching drivers to see you, so turn on your headlights if it’s raining.

Tip #7:  Remember that the rain on the surface of the road could cause you to hydroplane.  You should always increase your stopping distance and/or following distance during poor weather conditions.

Tip #8:  Take time to periodically check to verify all of your lights are working properly.  This is especially important if you’re pulling trailer behind your vehicle.  Ensure both the vehicle and the trailer are in proper working condition.

Tractor Trailer Safety

Truck drivers (“CDL Drivers”) have advanced training if the safe operation of their vehicles.  Jeff Roberts discusses some of the safety requirements for CDL Drivers.  They are required to perform a safety inspection of the rig, prior to taking it on the road.  This includes the lights and brakes, among other things.  Some are also required to have specific decals to make the truck and trailer more visible.  Tires need to be properly maintained in terms of air pressure and tread wear.  Other risks occur with the trailer is improperly loaded and/or secured.

Jeff discusses Kentucky’s comparative fault system.  If it can be proven that the non-truck driver’s actions are proven to have contributed to the collision and resulting damages, a percentage of the fault will be assigned to that driver.  This can drastically reduce the amount of the settlement or verdict.  Collisions are always, or purely, the trucker’s fault.  We all have a responsibility to drive safely on the roads this summer.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 19:  In late April, Calloway County attorney Jeff Roberts presented an oral argument before the Kentucky Supreme Court.  It’s not his first time; he’s taken cases to the KY Supreme Court multiple times.  In this episode, he’ll give us an inside view into the experience.

Arguing before the KY Supreme Court is not what you typically see on TV.  Instead of 1 judge, there are 7 justices.  They can ask questions at any time and you have to be prepared for whatever they ask.  Surprisingly, each attorney is only given 15 minutes to present their side of the case.  This includes the initial presentation and a possible rebuttal to the other side’s argument.

How a Case Gets to the KY Supreme Court

Jeff’s case involved a constitutional question in regard to a workers’ compensation claim.  These cases are initial presented to an administrative law judge.  If either side appeals the decision, it goes to the Workers’ Compensation Board.  Either side can then appeal to the KY Court of Appeals.  Again, either side can then appeal to KY Supreme Court.

The case Jeff argued involved an issue about the retroactivity provision of a new statute.  If the statute is found to be constitutional, it will negatively impact many KY workers’ compensation claims and the money the injured workers would then lose.  The decision will apply to all pending cases.

The law in Kentucky is generally applied based on the date of injury.  If this new statue is upheld, it will violate this law (in Jeff’s opinion) and make it more favorable to the employer (or the employee) after the injury has already occurred. 

What Happens when a Case is Placed in Abeyance?

This can happen to a case for several reasons.  In Jeff’s situation, there are several pending cases which all have the same/similar issues.  The court can put those cases “on hold” until one of the group of cases is actual decided on.  That decision would impact how the other cases are ultimately treated.  Abeyance is a way to help make the judicial system more efficient.

Small Town Service, Big City Results

Jeff uses this statement often.  He has built a strong reputation across the state and among his peers.  The Roberts Law Office is located in Murray, Kentucky.  However, Jeff handles many cases from outside of the local area.  Many are sent on referral from other attorneys.

What is a Legal Brief?

While the case Jeff argued before the KY Supreme Court only took 15 minutes, it’s not the first time the justices have learned about the facts of the case.  Attorneys write extensive arguments, called legal briefs, which explain the point in question and the supporting proof as to why the attorney feels the court should rule in a certain manner.  Both sides submit briefs.

The justices review the briefs, prior to hearing the case, and may decide to question the attorneys, based on what they submitted in the briefs.

The case Jeff argued may be decided in 3-4 months.

In an interesting coincidence, it was a year ago (to the day) that Jeff was sworn in and served as a Special Justice to the KY Supreme Court. 

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 18:  Calloway County Attorney (and motorcyclist) Jeff Roberts discusses tips for getting your motorcycle prepared for spring.  He also offers some safety tips for bikers as they get back out on the road.  He’ll also provide some tips for safe driving for non-motorcyclists in their cars.

Jeff got his first street bike around the age of 15.  He’s been an avid motorcyclist ever since.  As a personal injury attorney, his experience adds an important perspective.  Motorcycle accidents tend to result in much more serious injuries than car wrecks. 

Tips for Safe Motorcycle Riding

An important aspect of preparing for “motorcycle season” involves a careful inspection of the mechanics of your bike.  Make sure the brakes are working well.  Check the lights and turn signals.  It’s extremely important to ensure your headlight is functioning properly.  Make sure the fluids are topped off.  Inspect your cables and tires.  If the bike has been sitting, make sure they aren’t showing signs of dry rot.

Now that your bike is ready, it’s time to get you ready.  Even baseball players go to spring training to brush up on their skills.  It’s equally as important for you to tune up your skills.  It may have been a few months since your last ride, so take some short trips to get back into the swing of things. 

Another safety tip for motorcyclists is to remember that your reaction time is extremely important.  You may have to take evasive action to avoid a collision with a car door or other unexpected risk.  Early in the season, your reflexes may not be as sharp as they were last year.

Tips for Driving Your Car Around Motorcycles

Jeff has been practicing personal injury law since 1992 and has represented a lot of injured motorcyclists.  Most of the time, in Jeff’s experience, the collision is the fault of the driver of the car.  Often this relates to the driver not seeing the motorcycle.  During this time of the year, car drivers underestimate the speed at which the motorcycle is approaching.

It’s extremely important that you take a second or two to make sure you realize how quickly the motorcycle is going, before you head out into the intersection.  The result can be fatal to the motorcycle operator.

Time to Review Your Motorcycle Insurance

In Kentucky, you have to have insurance on your motorcycle before you get out on the road.  However, insurance coverages vary between cars and motorcycles.  Most policies involve liability coverage and property damage coverage, which primarily protect the other people if you’re at fault. 

There’s also personal injury protection coverage (PIP) and uninsured/under insured motorist coverage (UM/UIM) to protect you and your passengers. 

An important point to understand is that Kentucky automobile coverage automatically includes PIP, which is sometimes referred to as no-fault coverage.  But, PIP is not automatically included with motorcycle insurance, it’s optional.  You have to specifically select and pay for this coverage.  It can be expensive. 

Some motorcyclists make the mistake of thinking because they have really good automobile insurance, and something more basic on their motorcycle, they’re in good shape.  Some automobile insurance policies don’t cover motorcycles (e.g. exclude them).  Currently Farm Bureau won’t pay anything in terms of PIP or UM/UIM for your motorcycle accident.  Make sure you have the proper coverage to protect you and your family if you’re involved in a collision.

Motorcycle PIP benefits can pay for lost wages and medical bills, up to your policy limits of the coverage you purchased, regardless of who is at fault.  This can be $10,000 or more, depending on your policy.

You also need to make sure you have good health insurance coverage, especially if you’re a motorcyclist. 

You should also consider increasing your uninsured and under insured motorist coverage (UM/UIM).  Remember, the injuries from a motorcycle collision can be severe.  If the at-fault driver the state-minimum amount of coverage in Kentucky ($25,000), your medical bills can quickly exceed that coverage.  Your UIM policy is to help cover you, after you’ve exhausted the at-fault driver’s coverage.  If the at-fault driver is driving without insurance, your UM policy will help to protect you. 

Don’t Just Renew Your Insurance Policy

Many people pay little attention to their policy renewal.  This can be a big mistake, especially if you’ve done that for a period of years.  Your life situation may have changed, since you took out the initial policy.  You may have a spouse and/or children now.  You may have more assets, including a house (along with the mortgage payment).  This is a good time to think about whether the policy is adequate for your current situation.

Insurance is also a competitive market.  It may be a good time to shop around to get more coverage for a cheaper premium.  You may be able to get better coverage to protect you and your family.

Do You Have Life Insurance?

A motorcyclist should be aware of the potential severity of a motorcycle collision.  Having a life insurance policy in place can be very important to your spouse and kids, if you were to be involved in a fatal motorcycle accident.  Remember, in Jeff’s experience as a personal injury attorney, it’s often the driver of the car who’s at-fault for the motorcycle accident.  Take time to carefully think through these important insurance decisions. 

Tips for Non-Motorcyclists

Even if you don’t ride a motorcycle, there are steps you can do to help prevent motorcycle accidents.  Surprisingly, if you blow your grass clippings into the street, this creates a hazard for motorcyclists.  The grass can create a slippery surface resulting in a dangerous situation.  This is similar to wet leaves laying in the street.

If you notice gravel on the paved road, it can also create a hazardous situation.  This can occur if you’re working on the landscape in your front yard.  Please try to remove the gravel if possible and it’s safe to do so.

Kentucky is a beautiful state.  As the season begins to change, enjoy heading out on your motorcycle.  But, before you do, take some time to prepare your bike, yourself and your insurance coverage.  Let’s have some great time explore the Commonwealth and all it has to offer.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 17:  It goes without saying that 2020 was an interesting year.  In this episode, Calloway County attorney Jeff Roberts takes a look back at 2020 and discusses how it impacted his law practice.  Jeff primarily handles 3 types of cases:  personal injury, workers’ compensation and social security claims.  Due to COVID, the courts handled the various cases differently. 

Personal Injury Cases in Civil Court

Many of the courts literally shut down, once the pandemic hit.  This made it very tough for client who had active cases and were filing cases in the court systems.  Jeff saw multiple jury trials shut down and were significantly delayed.  This also slowed down all of the administrative, pre-trial activities that have to happen before the case actually makes it to the courtroom. 

The courts have begun to implement video conferencing to help with the pre-trial activities, but that doesn’t mean the case would be able to get in front of a jury.  That also slowed down the settlements.  Some of the insurance companies were offering settlements, but at lower amounts.  This wasn’t usually the best option for injured individuals and their families.

Workers’ Compensation Claims

In Kentucky, workers’ comp cases don’t involve a jury trial.  However, they do have a process that involves a judge who will ultimately rule on the case.  The Kentucky workers’ compensation system switched to video conference hearing much more quickly that the civil courts and the federal courts for social security benefit claims.  By mid-May, this system adapted to Zoom hearings.

Going forward, many of the claims will most likely be held via video or teleconferences.  It’s more efficient for everyone. 

Social Security Claims in the Federal Courts

These courts switched over to teleconferences fairly quickly as well.  As with any injury case, there’s a concern that the judge should see the injured party face to face.  Some attorneys feel this has a better impact for their injured clients.  A large portion of communication is non-verbal.  You lose that when you’re having a telephone conference, verses a videoconference or in-person hearing.

Recently, some of the claims have been moved to video conferences, so some of the cases are beginning to move forward again.

Most Injury Cases Are Not Resolved Quickly

People are often surprised at the slow pace of an injury claim, regardless of which court system is handling it.  It’s important to understand that the medical treatment should be complete before the case value can be properly established.

As a general rule, Jeff doesn’t resolve a case until his client reaches maximum medical improvement (MMI).  Until that point, it’s difficult to know what the total damages are.  MMI means the doctors don’t expect any more improvement will be seen, beyond this point.  It doesn’t mean you haven’t improved based on your medical treatment, but you might not improve beyond the point at which the doctor determines MMI has occurred.

If an attorney did settle early in the case, there’s a risk that additional medical expenses could be incurred, which might not be covered by the settlement offer. 

Managing Client Expectations

The pandemic-related delays can be extremely frustrating for an injured client and his/her family.  People finally achieve maximum medical improvement, but still may not be able to resolve the case, due to the courts.

If you have a workers’ compensation claim, temporary total disability benefits (TTD) are being paid to help you.  Unfortunately, personal injury and social security claims don’t work the same way.

Managing a Statewide Practice

Jeff handles personal injury and workers’ compensation cases on a statewide basis.  Based on his reputation and knowledge, attorneys in various parts of the state refer cases to him.  The impact of the slow pace of the courts is being felt all across Kentucky.  Many of his western Kentucky area cases come from the referrals of previous clients. 

Success in spite of the Court Delays

Jeff did a look back at the cases he resolved in 2020.  He does this to spot trends or to find insights into how better to serve his clients. 

Social Security Cases - $1,800,000

The progress of his social security cases all but stopped after May, based on how the courts were handling the communication.  Only 7 of his social security cases were resolved in 2020.  However, the recoveries on behalf of his clients was approximately $1,800,000 split among those cases.  This includes benefits that would be paid to his clients through lasting through to their respective retirement age.

Personal Injury Cases - $1,400,000

The progress of the personal injury cases significantly slowed in 2020.  This doesn’t mean the cases were not coming into Jeff’s firm, but rather the ongoing cases were not resolving as quickly as in previous years.  Car wreck cases always come down to the amount of insurance available.  If the insurance company of the at-fault driver offers to pay the policy limits (maximum amount of coverage) it’s often a good idea to take that offer early.  There may still be an opportunity to make a UM/UIM claim.  Of the 6 personal injury cases resolved in 2020, Jeff generated $1,400,000 for his clients. 

Workers’ Compensation - $2,200,000 (not including medical benefits)

Workers Compensation opened back up when the courts implemented video conferencing in May.  Of the cases 18 that were resolved in 2020, either by settlement or a judge’s decision, Jeff recovered $2,200,000, not including the medical benefits.

Disclaimer:  It’s important to note that every case is different.  The facts of your case are different.  The above recoveries are not a guarantee of results. 

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 16:  When clients receive substantial funds from their settlement or lawsuit, one of the options Calloway County attorney Jeff Roberts recommends is a structured settlement to protect the funds.  Jeff interviews Cindy Chanley of Ringler Associates on the benefits provided via a structured settlement.  In some cases, the structure can actually increase the amount paid to the client.  Let’s learn more in this podcast episode.

What Is a Structured Settlement?

Many people are unfamiliar with the term structured settlement.  Jeff recommends them because a structured settlement can maximize the money for the client and protect the money.  This is a general term used when 100% of money doesn’t go to the client at one time.  The funds are paid out over time or in a lump sum, at a future date.

With minor children involved in an injury case, it’s used fairly often.  It’s also a good idea when there’s a large settlement involving an injured adult.  Consider how often you hear stories about lottery winners who quickly spent their winnings only to be faced with difficulties afterwards.

If the client is receiving SSI or other means-tested benefits, a sudden influx of cash may disqualify him/her from receiving these ongoing benefits.  A structured settlement can be designed to ensure this doesn’t happen.  The funds can be set up in a special needs trust or Medicare set-aside account so they can be accessed to pay for specific needs.

What is Ringler Associates?

Ringler is the largest structured settlement consulting firm in the nation.  The company handles close to 50% of all of the structures done in the US, annually.  The representatives work with attorneys and insurance companies to offer consulting services for the benefit of the injured party.

Cindy started out handling insurance claims.  She eventually moved to Louisville to run a life insurance company’s structured settlement business.  Later, she decided to go to work with Ringler and has been doing this for about 15 years.  She’s also on the corporate Board of Directors for Ringler Associates.

Unfortunately, when people are seriously injured in automobile accidents, trucking collisions or workplace injuries, life as they once knew it may be completely different for them, now.  Jeff’s goal is to do the best for his clients.  This means maximizing the money the client receives and also involving Ringler to evaluate what’s best for the client.  Sometimes, it’s not a structured settlement.  It may be a different tool or something else entirely. 

Do I Have To Use a Structured Settlement?

This decision is always up to the client.  Some people want to manage the funds themselves.  Other people may be a little uneasy handling large sums of money.  Jeff tries to educate the clients on what he thinks may be the best option, but again, the decision is completely up to the clients.

Jeff has been helping injured victims for over 27 years.  Because injury cases are complex, they can take several years to resolve.  During this time, Jeff and his clients get to know each other and a trust develops.  Many clients are happy to rely on Jeff’s advice and guidance, even after the case has been resolved.

Why Are Structured Settlements Used when a Minor Is Involved?

The courts won’t typically authorize the release of a large settlement check to a minor, or his/her parents.  Those funds are often placed in a blocked bank account with strict limitations on how they are to be used, until the minor turns 18 years of age.  At this point the funds can be accessed by the 18-year-old, who may not be thinking about the long-term.

With a structured settlement, can be designed to provide for specific expenses, including college tuition, specially adapted vehicles, funds to buy a house and more.  The parent can use the structure to help plan for the child’s future.  It’ll help to make the money last.

Are There Tax Consequences?

The federal government has very specific rules in the federal tax code.  The timing is very important.  Some people want to receive all of the funds and then decide what to do.  Decisions must be made before the funds go into the settlement to outline how the funds are to be paid.  If done correctly, with the appropriate language, the interest will also be tax-free to the injured person. 

Cindy explains that a settlement placed into a structure could potentially generate significant amount of interest.  That interest could grow and be distributed with no tax penalty, if it’s handled properly from the start.

The tax-free interest benefit may not be available if the person takes control of the funds first, and then decides to put them into a structured settlement.

What’s a Structured Settlement Earning These Days?

This is a common question, but the answer is the goal of a structured settlement is safety and security, not interest rates.  It’s used to protect the funds and the injured person from poor decisions or other issues.

ABLE Accounts

Cindy can help Jeff and the client establish an ABLE Savings Account.  This is a special type of account that can receive up to $15,000 per year and allows more flexibility in how the money is spent.  The structured settlement can be designed to fund that account on a periodic basis, again, protecting the funds and enabling them to accumulate interest.  The distributions can also be tax-free if spent correctly.  This can also ensure the SSI benefits are not negatively impacted.

Special Needs Trusts

A special needs trust can be set up to pay into the ABLE account.  Again, the structured settlement can be designed to fund the special needs trust, which will then fund the ABLE account. 

How Much Does It Cost To Have Ringler Set up a Structured Settlement?

It costs nothing.  Ringler is paid by the insurance company that is going to handle the structured settlement annuity.  All of the services provided by Ringler to the client are free. 

There are fees and minimum amounts involved to set up a special needs trust, but Ringler has relationships that make that much less expensive, with lower amounts required.

Can I Use a Structured Settlement for a Workers’ Compensation Settlement?

Yes.  The Kentucky workers’ comp income benefits are paid on a weekly basis.  If the settlement in the workers’ compensation award is a lump sum and significant enough, Ringler can use a Medicare Set Aside Account that can be used for future medical needs. 

There are many issues to be considered, including rules specific to Medicare, SSI, etc.  It’s best to have Jeff and Cindy work through your specific situation.

What about Non-Medicare Related Medical Expenses?

This can be a significant number.  It often involves medicine that’s not covered.  Home health expenses can mount up very quickly.  Both of these expenses can be very large over the injured worker’s lifetime.  Cindy will go through all of these numbers with the attorney and the client.  A Medicare Set Aside Account may be a good tool to use, as part of your structured settlement.

Handling a complicated personal injury case doesn’t stop when the case is settled or the verdict is rendered.  Jeff takes time to help his clients to work through the important decisions related to protecting the funds from the results of the case.  It’s one of the reason clients trust him enough to refer their friends and family members to him so often. 

To contact Cindy Chanley at Ringler Associates:

Online Profile:  https://ringlerassociates.com/consultants/cindy-chanley/

Office Phone:  (502) 569-9339

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 15: Calloway County injury attorney Jeff Roberts discusses the problems often created by a client’s substance abuse when filing an injury claim.  Jeff handles social security disability claims, Kentucky personal injury, workers’ compensation claims.

When a person is applying for social security disability, a history of substance abuse can be problematic.  This is especially true if the person is currently using illegal substances or abusing prescription medication.  The country is battling opioid addiction.  It has placed a higher focus on substance abuse issues as a whole.

Common substance abuse may include:

• Alcohol
• Marijuana
• Prescription Drugs
• Illicit OxyContin
• Heroin

If the person is taking a prescription drug according to a doctor’s orders, it’s typically not a problem.  However, if blood tests indicate there are other substances present, it’s a red flag.

Kentucky and other states track certain prescriptions and the appropriate levels.  A CASPER report is often run to verify narcotic prescriptions and others.  This helps to identify potential “doctor-shopping” situations.

It’s important injured people understand the judge making the decision about your social security disability benefits will also review those medical records as part of his/her evaluation.

Risks of Self-Medicating

Dealing with pain related to an injury or medical condition is difficult for many people.  It’s not uncommon for some to attempt to self-medicate in an attempt to manage the pain levels.  This can lead to a substance abuse issue.  The impact of substance abuse on your SSDI claim can be devastating.

It’s not uncommon for people struggling with mental-health issues to attempt to self-medicate to escape psychological or emotional issues.

Overcoming Substance Abuse on a SSDI Claim

The legal standard for the judge is whether the person would still be considered disabled if the applicant were sober.  For example, a severe back injury resulting in paralysis may lead to abuse of a pain medication.  However, that disability would still be there regardless of the substance abuse.  Jeff may be able to prove that the substance abuse is not material to the disability, therefore his client should be entitled to SSDI benefits.

Seeking-Treatment

It’s very important that the individual and his/her attorney have a very open conversation about any potential substance abuse issue.  It’s often better for the person to seek help in overcoming the addiction through an in-patient or out-patient treatment program.  This also goes applies to a mental health patient whose self-medicating.  The fact that the person is actively seeking treatment.  It may sit better with the judge.  Human nature and subjectivity will often come into play.

Substance Abuse for SSI Claims

The standards for disability are the same under both SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income).  Substance abuse is still an issue if you are only applying for SSI.

Workers’ Compensation claims and Substance Abuse

Jeff Roberts also handles Kentucky workers’ compensation claims.  Substance abuse can also negatively impact a workers’ comp claim.  In 2018, the KY workers’ compensation law was changed and addressed issues related to intoxication.  Under the new law, if you show up at work under the influence of an illicit substance, or at levels higher that what was prescribed, and suffer an injury due to someone else’s negligence, you still may not be able to win a workers’ compensation claim.  This applies even if accident wasn’t caused by your being under the influence.  The question of whether the new statute applies to alcohol is still undecided (at the time of this episode’s recording).

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 14:  Calloway County personal injury attorney Jeff Roberts discusses his win at the Kentucky Supreme Court, in a workers’ compensation case.  In a recent episode, we covered the fact that Jeff currently has several cases in front of the Kentucky Supreme Court.  This is the first of that group to be decided.

The case we’ll talk about today involved Steven Spillman, a former Calloway County sheriff’s deputy who was injured on the job in 2007.  Murray attorney Michael (“Mike”) Pittman originally handled the deputy’s claim.  It was resolved and later reopened in 2013 due to additional complications.  This issue was also successfully resolved.  However, in 2017 the deputy had to have an additional surgery, related to the original 2007 back injury.  There were medical complications and Mr. Spillman passed away from those complications.

Kentucky worker’s compensation law provides for a case to be reopened after the original case is resolved.  This special circumstance exists to ensure injured workers have adequate access to medical treatment for their injuries and future medical needs.  A new law was passed in 2018 that could impact this access.

The complicating factor is that a case can be reopened, as long as it is within 4 years of a judge’s order on the case.  The period between the 2013 surgery and the 2017 surgery is the basis for the legal challenge.  The spouse also had potential claims involved related to survivor benefits.  Attorney Pittman contacted Jeff to assist (“co-counsel”) with the case, at that point.  It turns out that the survivor benefits ended up being a key issue before the Court.

In Kentucky, the workers’ compensation system provides benefits to the surviving spouse, minor children or anyone who is dependent upon the deceased worker.  There is another provision which allows the estate to get a lump-sum death benefit, if the death occurs within 4 years of the work-related injury.  Jeff was able to win the case for survivor benefits, but did not prevail on the issue related to the estate.

Going forward, Jeff’s victory at the Kentucky Supreme Court will have a major impact for working families in Kentucky.  Current and future claims will be able to refer to (“cite”) the decision as a basis for their cases.

Do Attorney’s Fee Increase if an Attorney Uses Co-Counsel?

Jeff explains that it depends.  If the attorneys are working on a contingency-fee basis, the fee will be a percentage of the amount recovered.  In the Spillman case, described above, the percentage did not change.  The fee was divided between the attorneys, but didn’t cost the family an additional percentage or separate attorney’s fee.

In many Kentucky personal injury cases, such as a car wreck case, the percentage for attorney’s fees is 1/3.  If the attorney decides to bring in another attorney, the fee doesn’t suddenly increase to 2/3.  It remains at 1/3 and that percentage will be divided among the attorneys.  Each firm has the right to establish its own contract related to fees, but this is generally the cases.

If the attorneys are working on an hourly-basis, instead of a contingency-fee basis, attorneys will generally charge the client for the billable hours based on their work.  Under this arrangement, it is possible to receive multiple fees from multiple attorneys (based upon their agreed up on hourly rates).  However, this typically isn’t how an injury case works. 

How Does a Workers Compensation Case Make It to the KY Supreme Court?

Kentucky workers’ compensation claims are considered administrative law (e.g. there’s no jury trial).  Initially, the claim is tried before an administrative law judge.  After that decision is rendered, either side can appeal it, assuming there’s a legitimate legal reason to do so.

The decision would then go to the Workers’ Compensation Board, which is made up of a 3-member panel.  This is considered the first appellate level.  It’s still at the administrative level.  They look to see if the judge made an error of the la or an error in assessing or understanding the facts.  If they determine an error was made, the Board sends the case back to the judge to correct his/her error.  Again, either side can now allow the judge to revisit the case or they can appeal the case to the Kentucky Court of Appeals.

The Kentucky Court of Appeals is the second appellate level.  This Court is looking to see if the Workers’ Compensation Board commit an error or law in how it decided the appeal or if the decision resulted in a gross misjustice.  This is an even higher standard.  The case can be remanded back (returned) to the administrative law judge.  They can affirm the original decision by the judge.  They can affirm the Workers’ Comp Board’s decision in returning it to the judge.  They could also overrule the Workers’ Comp Board’s determination of an error and then specific a different error, remanding it back to the original judge.

At this point, either side can then decide to appeal the workers’ comp case to the Kentucky Supreme Court.  This is the third appellate level.  The KY Supreme Court cannot decide not to hear the case.  This is different from cases attempting to be heard before the US Supreme Court. 

The Kentucky Constitution states that a party is entitled to at least one appeal from a lower court.  Remember, the Kentucky workers’ comp system is handled as an administrative process.  The general understanding is that the first actual court hearing the workers’ comp case is the KY Court of Appeals, so per the Kentucky Constitution, the party has a right to appeal to the KY Supreme Court.

There are many factors to consider in deciding to appeal a case.  It can be a very emotional situation.  Because either side can appeal, the decision can be delayed much longer than initially expected.  The consideration of the time-line is a factor Jeff spends a lot of time discussing with his clients. 

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Episode 13:  Calloway County personal injury attorney Jeff Roberts discusses handling cases of accidents resulting in paralysis or amputation.  Jeff handles car wrecks, truck wrecks, workers’ compensation and social security disability cases.  Over the past 27 years, a number of them have involved these tragic injuries.

Amputations of the lower extremities (toe, foot, leg, etc.) and of the upper extremities (finger, hand arm, etc.) have a bearing on the injured person’s ability to do his/her work.  The type of work a person dies is particularly relevant in determining the “value” of the loss.  For instance, a surgeon who loses a finger is more impaired than an attorney who loses a finger. 

Future Medical Expenses

When dealing with these types of serious injuries, you must be diligent in documenting the future medical expenses.  That is also an important part of the calculations an attorney must consider in representing a client. 

In most cases, once a settlement agreement is signed, unforeseen expenses related to the injury can’t typically be renegotiated.  The claim is over.  Kentucky workers’ compensation claims resulting from workplace injuries can be settled with future medical left open.  This is the exception.

Some future expenses people often don’t consider might include wheelchairs or prosthetic limbs that wear out.  Handicap-accessible vehicles that eventually need to be replaced.  These expenses need to be estimated and included in settlement negotiation valuations.

Experience is Vital

Knowing what questions to ask the doctor is an important factor.  Jeff Robert’s has handled injury cases for over 27 years and has tremendous experience in learning, understanding and knowing how to get important issues documented on behalf of his clients.  This, again, is used in the calculations for properly valuing an injury claim.  It’s not just about the current needs, it’s about considering those needs, which will occur much further down the road.

Life-Care Planning Experts

When dealing with accidents resulting in paralysis or amputation, Jeff will often consult with the treating doctors and other professionals, such as life-care planners, who have experience in providing data and estimates of expenses related to treatments that may be incurred as a result of the injury.

These professionals often work with an attorney to help estimate future medical expenses.  They can speak directly with the injured victim to try to fully understand the difficulties and concerns resulting from the paralysis or amputation.  They’ll speak with the doctors and other experts, as well. 

They document the problems a person will experience, the lifespan of durable medical equipment (and related replacement costs) and other issues.

Mental Health Counseling

It’s difficult for some victims to come to grips with loss of use of a limb due to paralysis or amputation.  The emotional and psychological impact is often significant.  Learning to accept and cope with the new reality can be a struggle.  Jeff strongly recommends that the client consider mental health counseling.  Seeking out help sooner rather than later is beneficial.  It can positively a person’s mental outlook on life going forward and his/her relationships with family members.

The Risk of Substance Abuse

Depression due to accidents resulting in paralysis or amputation can sometimes increase the risk of substance abuse.  Opioid pain medication can be over-prescribed. The body can develop a tolerance to the pain medication if used for an extended period of time.  The medicine can be highly-addictive.  It’s an issue that needs to be closely monitored.  If the individual can wean himself/herself off of the medicine, while the pain may persist, it may also decrease to an acceptable level.  This change can also have a positive impact on the person’s attitude toward life in general.

For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff’s principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.