Roberts Law Office Injury Podcast

Episode 12:  Attorney Jeff Roberts handles workers’ compensation, social security disability and personal injury cases.  In this episode, he discusses COVID’s impact on the courts.

The pandemic has affected many areas of our lives.  In-person activities have been restricted and that obviously impacted the courts.  Many workers’ compensation final hearings were shut down several months ago.  This was about the time most courts shut down to avoid putting people at risk of transmitting the virus.

Many of the cases are simply getting pushed back, which significantly delays the resolution of the claims.  The Department of Workers Claims transitioned to online hearings (e.g. via Zoom).  This was a fairly smooth transition. 

Many law offices were allowed to remain open because they are considered essential services.  The process slowed, but at least clients are able to make some progress.  Part of the changes also included an emphasis on holding depositions via telephone and/or online video formats.

Video Hearings vs. In-Person

The preference of many attorneys is to enable their clients to appear, in person, in front of the judge.  However, many clients have been willing to adapt in an effort to keep the process moving toward resolution.  Jeff’s clients have commented that this has made the process less intimidating and actual goes fairly smoothly.

The circuit and district courts shut down, with the exception of emergency situations.  This has definitely resulting in a slowing down of many court hearings.  COVID’s impact on the court has absolutely been felt in civil court.  The courts resumed in September, but there’s an obvious backlog.  The court system is going to give preference to criminal trials over civil trials (such as personal injury).  The criminal defendant has a Constitutional right to a speedy trial.

Medical Records Are Important

In any type of injury case, the medical records are extremely important.  Another manifestation of Covid’s impact on the legal process is that accident victims may have a harder time scheduling medical exams or tests.  Many hospitals have restricted or eliminated elective surgeries.  This is one reason an attorney may not want to push to resolve the case.  Either the patient has not undergone sufficient medical treatment, or he/she hasn’t had the opportunity to reach maximum medical improvement (MMI).

For the person filing a workers’ compensation claim, the attorney will generally be able to get a continuation of the temporary total disability (TTD) payments. 

For the person filing a social security disability claim, it doesn’t appear the social security courts have transitioned to video-based hearings.  To proceed, they are doing telephone conference calls for the hearings.  Many attorneys don’t feel this is the best option for clients.  Again, attorneys want the judge to actually see their clients.  So much of human communication is non-verbal.  If the hearing is held over the phone, those non-verbal cues are lost.  The client will be able to make the decision to delay the hearings to proceed with his/her claim. 

How Much Is My Case Worth?

Many clients want to know how much their case is worth.  In dealing with injury claims, it’s virtually impossible to tell that until the injured victim has been fully treated for the injury or injuries.  This is what Jeff referred to earlier as reaching maximum medical improvement.  If the client has not reached that point, according to the doctor(s), it would be a bad idea to engage in settlement discussions, hearings or a trial.  It would be like negotiating with only part of the facts.  This would put the client at a significant disadvantage in resolving the case.

In both workers’ compensation claims and social security disability claims, the client may qualify to receive back pay.  Even with Covid’s impact on the legal system and the resulting delays, there may be a good argument that you deserve back pay as part of your compensation. 

At the time of this recording, Jeff Roberts has multiple cases in front of the Kentucky Supreme Court.  Those cases have been appealed through various courts and the time has been significant.  Should Jeff when those cases, they would still have been accruing back pay.

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 11:  Calloway County injury attorney Jeff Roberts discusses construction accidents and injuries during today’s podcast episode.  These often qualify for workers’ compensation and possibly social security disability and a sometimes a 3rd party personal injury claim.  He can handle all of it for his clients.

Construction accidents happen to home builders, but also bridge builders, roadway and highway construction workers and other commercial contractors. 

3rd Party Negligence Claim

This situation occurs when a worker is injured by someone other than a co-worker.  For instance, if a driver on the road causes a collision and a crew member is injured, that victim would have a workers’ compensation claim and a third-party negligence claim.  The negligence claim would typically be a claim against the person causing the accident and/or injury.

Third-party claims can also result from an injury on a jobsite caused by a deliver driver or other party.  An example would be if a construction worker were injured by the actions/inactions of a sub-contractor or other party.

Should an Attorney Handle Your Workers’ Comp, SSDI and an Injury Claim?

It’s not uncommon for attorneys to focus in certain areas of the law.  For this reason, many may not handle workers’ compensation, social security disability and personal injury.  However, Jeff Roberts does.  He and his staff are very familiar with all 3 systems.

Is This Helpful to the Client?

Jeff believes there is an advantage to his client.  Certain expenses to the case (e.g. obtaining medical records, etc.) will not be duplicated by having multiple law firms involved.  Additionally, the claims can managed in a way to best benefit the client.  Personal injury claims can take time to resolve and any payments may be several months or even years down the road.  The workers’ compensation temporary total disability payments (TTD) may be able to begin while the injured person is waiting for the overall case(s) to be resolved. 

If Jeff Roberts is handling the various claims for a client, he can coordinate the management of the claim as well as offering a central point of contact for communication about the status of the claims.  This enables his clients to focus on healing and getting back to work, instead of trying to figure out which attorney has which part of the process.

OSHA Claims

Some cases involve OSHA claims.  Knowing the regulations and being able to determine if a safety violation occurred.  Jeff has experienced dealing with OSHA claims on behalf of his clients.  If it’s determined that an OSHA violation occurred, resulting in injury, it can have a significant impact on the value of the workers’ comp and the negligent 3rd party claims.  This factor may increase the value by up to 30%.  This can be an OSHA violation or an internal safety policy violation.  The 30% increase may apply to the weekly TTD payments and the permanent disability payment.

Seasonal Workers and Migrant Workers

Kentucky workers’ compensation law may apply to your case if you are a seasonal worker or migrant worker.  Not all employment is covered by workers’ comp.  Agriculture has an exclusion, but federal law does require employers to cover migrant workers.  In the construction field and in some factories, Kentucky workers’ compensation benefits are typically available, regardless of where you actually live or your documented status.

Jeff Roberts has represented a number of migrant farm workers who live in Mexico and other countries.  The injuries they sustained resulted in benefits being paid to them, even though they have returned home.  Jeff briefly discusses how he was able to get the insurance company to set up direct deposit to avoid sending benefit checks internationally.

Common Construction Accidents

• Strains and tears
• Neck and back injuries
• Injuries to hands and arms by the equipment
• Trips resulting in injuries to knees and ankles
• Falls from roofs, scaffolding and scissor lifts
• Collisions with equipment and vehicles
• Injuries during welding or working with concrete
• Electrical injuries resulting in electrocutions and burns

What Should I Do if I’m Hurt on the Job?

Under Kentucky law, you are required to give notice to your employer as soon as you can.  This doesn’t mean you have to do it immediately, but sooner is better.  You should also seek medical treatment.  Again, if you wait a significant length of time, the company may argue that the injury/pain may have been caused by something else or you would have gone sooner. 

Make sure you tell your doctor or nurse that you are there for a work injury.  It’s important to get that statement into the medical documentation.  If they prescribe rehabilitation or recommend additional treatment, you should follow through with it.  Gaps in treatment or refusing your doctor’s recommendation can work against you.

Finally, contact an experienced workers’ compensation attorney to discuss your situation, options and your rights.

I’m Worried My Employer Might Retaliate Against Me if I File a Claim

Retaliation can happen in numerous ways.  If you are fired because your employer had to file a workers’ compensation incident report, this is against the law.  If they terminate you because you hired an attorney, they are breaking the law.  There are many tactics the company might try to do to make the situation uncomfortable for you.  Not every tactic is illegal, but you should discuss the issues with your attorney.  You are generally entitled to protection from retaliation by your employer.

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 10: Calloway County injury attorney Jeff Roberts discusses nursing home abuse, accidents and signs you need to look for to protect your elderly loved one.

Nursing home patients are some of the most vulnerable members of our society.  Many family members might prefer to care for them at home.  Unfortunately, the seniors’ medical needs, rehabilitative requirements or physical needs are simple too much for people to handle.  This is when we place our trust in the staff at a care facility to help take care of our loved ones.

The facilities Jeff is discussing include facilities commonly referred to as a nursing home, assisted living facility, long-term care facility, acute care facility and/or a rehabilitation facility.

These facilities are highly regulated to meets specific standards of care in terms of medical care, personal care, staffing levels and sanitary conditions.  Depending upon which category the facility is classified as, the standards are different, but enforceable.  The specific doctor’s orders are also taken into consideration in determining how the nursing home patient is cared for on a daily basis.

Claims against these types of facilities are filed in Circuit Court.  They are generally classified as negligence claims.

Common Types of Nursing Home Injuries

• Bed Sores (decubitus ulcers)
• Malnutrition and/or Dehydration
• Poor management of medications (under-dosing, overdosing or distributing wrong prescription)
• Neglect and poor sanitation
• Negligent infection control
• Slips and Falls (improper use of safety guards)
• Abuse (physical, emotional and/or sexual)
• Wrongful Death

Be on the lookout for red flags:

• Sores, bruising, poor sanitation and/or malnutrition
• Lack of adequate/responsive staffing
• Poor communication with patient and/or family

Report concerns to a supervisor and/or attorney

• It may be worse when you’re not at the facility
• Protect your loved one
• Prevent harm to other patients/residents

Unfortunately, the threat of a lawsuit may be the only way to ensure an elder care facility is responsive to the needs of its patients/residents.  The financial impact of a settlement or verdict can outweigh the cost-savings the administration is trying to profit from by cutting corners.  For some, the nursing home lawsuit is the only way to hold the facility accountable for the harm it inflicted on the individual.

The Roberts Law Office handles nursing home abuse and medical negligence claims on a contingency-fee basis.  There’s no money paid up front to hire Jeff Roberts.  His fee, along with court costs and case expenses are paid out at the end of the case. 

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 9: Murray, Kentucky workers’ compensation attorney Jeff Roberts discusses the multiple cases he currently has before the Kentucky Supreme Court.  When Jeff says he’s willing to take a case all the way to the Supreme Court, he can demonstrate a track record of having done so many times on behalf of his clients.

The 2018 changes to Kentucky’s workers’ compensation law were significant.  Not all of the changes were beneficial to workers.  As a result, Jeff Roberts has several clients who were impacted by the changes.  This has required him to take several cases to the highest court in Kentucky. 

In fact, Jeff currently has 4 cases before the KY Supreme Court.  Two of them are his appeals and 2 were appealed by the employer. Three of these cases involve a retroactivity of certain provisions of the 2018 statute.  Normally, when a new statute is passed, it applies to current cases, not those that have been previously settled.  The 2018 didn’t follow that concept.

At the same time, Jeff has also submitted an amicus brief on behalf AFL-CIO for another case before the Kentucky Supreme Court.

One of the cases involves the injured worker’s ability to reopen the case if the disability worsens over time.  The previous law stated that the window to reopen must be within 4 years of any previous award or order.  This could be done multiple times, if the situation warranted it. Under the 2018 law, there is only 1 opportunity to reopen the case.  This also retroactively applies to cases settled prior to the passing of the 2018 statute.  As a result, Jeff’s client’s employer is trying to nullify the award based on the 4-year limit under the 2018 statute.  Jeff is arguing that the retroactivity shouldn’t be allowed.

Another issue workers need to understand is that while Kentucky offers lifetime benefits for some situations, under the 2018 statute, workers may be required to reapply after 15 years. Note, this is not for cases resolved prior to 2018.  The challenge for many will be that people often move to new addresses.  The Department of Workers’ Claims is only going to send 1 letter to the injured person.  If it is sent to a former address, he/she may not receive it in time, or at all.  This may cause the person to be unable to reapply for benefits.  As simple change of address at the local post office will not work.

Over the years, Jeff Roberts has had over 20 cases in front of the Kentucky Supreme Court.  He currently has 4 active cases there, which is the most he’s had at any one time.  It’s never easy, but over time, the process has become more familiar to him.  Not every attorney gets the opportunity to argue in front of the KY Supreme Court.  While most of the cases are based on the written documentation, oral arguments before the justices can be extremely challenging.

The Roberts Law Office handles workers’ compensation claims on a contingency-fee basis.  There’s no money paid up front to hire Jeff Roberts.  His fee, along with court costs and case expenses are paid out at the end of the case. 

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 8:  Murray, Kentucky personal injury attorney Jeff Roberts discusses workers’ compensation while businesses are reopening or during startup. He’s has been working on workers’ compensation claims for years and has a great, state-wide reputation. Because of his reputation, he is asked to speak at conferences to lawyers about worker compensation claims and how you should deal with these cases.

It is exciting for new businesses to open up, especially if it is a big plant. This also means that there are new policies and training that will be taking place. When workers come in and do tasks that they are unfamiliar with, it can lead to injuries.

The space they are working in also comes into play. The workers may not have the proper space needed to lift an item correctly. If a worker does not know how to properly lift an item, later on it can cause wear and tear on their bodies. Back and neck injuries are very common in workers’ compensation claims. This is very common in workers that may stock heavy items. In our everyday life, we don’t lift 20-30 lbs. over our heads for hours, so over a long period of time your body will get worn out.

Look for Signs of Injury

If you notice that something doesn’t feel right, maybe you felt a strange pop or even a tear, you need to report it to your employer immediately. A lot of times you may just think that you tweaked something, or it isn’t a big deal and it’s just sore, but sometimes it ends up being a herniated disc or a torn rotator cuff.

Under Kentucky law, you are required to report it as soon as it’s practical after sustaining a work injury. There have been employers who tell their employees that they hadn’t reported it in 24-hours, so you can’t pursue a workers’ compensation claim. That is not the law at all. It doesn’t mean you have to give notice immediately, but the best thing to do is to do it as soon as possible.

The company may have a policy, but it is important to know that there is a law already set in place that overrides the policy they may have.  This is why it is important to reach out to an attorney to get another opinion.

You Can Select Your Own Doctor

Sometimes the company will want you to go see a specific doctor. In Kentucky, the employer cannot tell you what doctor to go see. Kentucky does allow a workers’ compensation insurance company to have a managed care plan for workplace injuries. If they have a managed care plan you do have to stay with a doctor within that plan, but you still get to choose which doctor within the plan that you want to go to.

Even if you have to travel to see a specialist that mileage is covered by workers’ compensation. The reimbursement can be significant, especially if you travel there often. This is another reason why it is important to contact an attorney as soon as you can, so they can work on getting that money back for you.

Don’t Let Them Play Games with Your Injury

If your employer threatens you because of the amount of time you are off, your attorney can step in if your doctor has you off of work. Some insurance companies will start to send nurses to your doctor’s appointments and that nurse will talk to the doctor about when you can go back and what restrictions you may have.

Kentucky Workers’ Comp Benefits

Workers compensation has a system of benefits set up, so you can take time off when you’re injured. The first two benefits you’ll run into are medical because you will always see a doctor before you are off of work. The medical benefits under workers’ compensation is that there are no co-pays and no deductibles. You should not have to pay anything out of pocket for prescriptions or any medical treatment.

The second benefit is called temporary total disability (TTD), this is wage-loss benefits. If you are out of work, they will pay you 66 and 2/3% of your average weekly wage. You will have to be off of work for 7 days to become eligible for TTD.

OSHA Violations and KY Workers’ Compensation

In Kentucky, OSHA is responsible for safety in the workplace. They set certain safety requirements in facilities and for different types of industries. The facilities are supposed to know them and comply to them, but unfortunately, they don’t always do that, which can result in very serious injuries. Violations might include removing a guard from a machine or moving machinery in an improper matter.

If they violate an OSHA standard, then it can affect what an injured worker can receive. It may increase what they receive under the Kentucky Workers’ Compensation Act because there is a penalty to the employer if they violate the OSHA standards. This also can be turned around, so if a worker violates the OSHA standards, they can get penalized, as well. OSHA can investigate the situation as well, but they usually will only come if the injury is extremely severe or if there is a fatality.

Third Party Injuries

If you are injured on the job, then you probably have a workers’ compensation claim. If your injury on the job is caused by a co-worker or caused by your employer doing something wrong, then the workers’ compensation claim is all you have. If the injury is caused by a vendor on the property the situation changes.  For instance, if the vendor/contractor was moving something with a forklift and they hit you, then you could have a claim against that person driving the forklift and the company they work for. You would still have the workers’ compensation claim, but you would also have the claim against them (the third party). That would open up other damages that you could recover, such as pain and suffering, which you cannot recover in a workers’ compensation claim.

Don’t Put off Getting the Medical Care You Need

Most people are scared to get help. You are scared your employer will get mad, but injuries can happen, and they know that. Most employers want you to get properly treated, so you can get back to work. It is very rare to see retaliation from an employer. Just by talking to an attorney over the phone, you will learn what you can do and choose if you want to pursue it or not. It never hurts just to talk and get information from an attorney, so you know your rights better and what you can possibly recover.

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 7:  Jeff Roberts is a personal injury attorney in Calloway County.  Today he discusses trucking accidents and the various issues involved in these types of Western Kentucky collisions.  He has years of experience working with injured victims and their families.

The semi-trucks are significantly bigger and heavier than other vehicles on the roads.  The injuries are often much more serious.  In Episode 6, Jeff interviewed Sheriff Sam Steger about traffic safety on the highway and other county roads.

It’s important to remember that proper seat belt usage is one of the precautions drivers can take to help protect themselves.  Your seat belt, especially the shoulder strap is designed to minimize contact with the steering wheel and dashboard.  Seat belts can also keep you from being ejected from the vehicle in a collision.  If you have child safety seats, most police departments will provide a free inspection to help you safely install the seat.

Causes of Trucking Accidents

Car drivers often misjudge how quickly they are approaching a tractor trailer.  This is especially true on hills, as the incline causes the semi to slow down.  Sharp curves also require a truck driver to slow down to avoid tipping over the trailer.

Truckers are required to maintain a valid Commercial Drivers License (CDL).  In the event of a collision, your attorney will carefully examine the driver’s past employment record and driving history.  All of us want to keep unsafe drivers off the roads, before these catastrophic accidents have a chance to occur.  Unfortunately, if the trucking company has not performed adequate due diligence in hiring a driver, the risks remain high.

Improper Maintenance

This is a common problem impacting the equipment on a tractor trailer.  The condition of the brakes, the tread on the tires and the turn signals all have a vital function in preventing trucking accidents. 

The improper loading of the trailer can allow the load to suddenly shift, resulting in the loss of control and a potential wreck.  Before I-69 replaced the Purchase Parkway, the Fulton cloverleaf exit on 1-24 was a very tight curve.  Interchanges like this are common areas of load shifts resulting in overturned vehicles.  Now, this has been constructed as a left-side exit with a sweeping ramp, making it much safer for both cars and tractor trailers.  This is similar to the old Hopkinsville-Madisonville exit on the Western Kentucky Parkway. 

Limits to Driving Hours

Over the road truckers also have limits on the number of hours they are allowed to drive.  This is primarily to limit fatigue, which could lead to a trucking accident or traffic fatality.  Technology has helped in keeping better track of the trucker’s activity, but gaps and falsification can still occur.

Suing Multiple Entities in a Trucking Accident

When a truck accident happens, numerous people and companies may be liable.  An attorney could file a law suit against the truck driver, the trucking company, the company responsible for loading the trailer,

The medical expense related to a tractor trailer accident can be enormous.  Pursing multiple companies may help to make available multiple sources of insurance coverage.  It’s important to understand that it’s not always the trucker’s fault.  Understanding how and why the collision occurred is critically important.

Accident Reconstructionist

Attorneys often hire an experienced accident reconstructionist to examine and recreate the facts surrounding the trucking collision.  These industry experts have specific knowledge of the events leading up to the wreck, regulations, laws and other factors involved in trucking accidents. 

Companies are generally hired to examine and analyze the truck’s black box data.  Mechanics are asked to examine the condition of the truck’s equipment and maintenance records to see if there were issues involving equipment failure or improper maintenance. 

The collection and preservation of evidence both at the scene and contained electronically must be carefully examined.  Your attorney should quickly send a preservation letter to all parties involved to ensure evidence is secured and will remain available.  This includes the actual wrecked tractor trailer.

Distracted Driving by Truckers

Distracted driving is a serious issue.  When a trucker is distracted and operating his/her truck the risks for a catastrophic injury skyrocket.  It’s not uncommon to see truckers on the phone while driving.  There are also cases in which the trucker was playing a movie on a laptop and driving at the same time. 

Truckers Driving Under the Influence

If the driver was impaired by alcohol, amphetamines and/or other drugs, it opens up the possibility of filing for punitive damages, in addition to the compensatory damages.  Truck drivers to always be required to be tested as soon as possible after the collision.  A blood test is best because is indicates what’s actively in the driver’s system, at the time of the accident.

Interested in Hiring Jeff Roberts for a Trucking Accident?

Jeff works on a contingency fee basis.  There’s no money upfront.  He only gets paid at the end of the case and it’s based on a percentage of the award.  He has an incentive to do what’s best to maximize the money you deserve.  Jeff advances the litigation expenses to cover the fees charged by the various experts he brings into the case.  The litigation expenses are also on a contingency fee basis.  The Kentucky Bar Association requires him to state court cost and fees are the responsibility of the client.  Jeff only gets paid at the end of the case.

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 6:  Murray personal injury attorney Jeff Roberts is joined by Calloway County Sheriff Sam Steger to discuss highway safety on Western Kentucky roadways.

Sheriff Steger has been in law enforcement since 1992 at Murray State University as a dispatcher.  He later joined the Murray Police Department and the Calloway County Sheriff’s Department.  He eventually joined the Kentucky State Police until retiring in 2013.  He’s been the Calloway County Sheriff since 2015.

The Importance of Seatbelts

The object stays in motion until it’s stopped by another object.  In a car wreck, this refers to a human body and the steering wheel or dashboard.  Wearing a seatbelt can protect you from that sudden and violent impact.  There’s a concern that someone might not be able to escape from the vehicle because he/she can’t get out of the seatbelt.  In Sheriff Steger’s experience, this is a very, very rare occurrence. Traffic fatalities can still result due to the speed and angle of impact.  In those cases, the seatbelt may not have prevented the death of the driver and/or passengers.  The benefits of proper seatbelt usage far outweigh any risks. 

Driving Under the Influence

The sheriff’s deputies have the responsibility to monitor the county roads.  Some people assume they’ll be safer using the backroads, if they’ve had a few too many drinks.  However, the sheriff’s department is actively patrolling those roads.  They set up check points and other ways to ensure the safety of other drivers.  This is particularly important during and around the holidays.

Safe Driving Around Farm Machinery

In Western Kentucky, it’s very common to see tractors, combines and other farm machinery on the roads.  Sheriff Steger expresses the need for drivers to use patience.  Most farmers understand and try to move over to allow traffic to pass safely.  However, they also have a right to use the roads. 

Drivers often fail to understand how quickly they are approaching the farm equipment on the roads.  Rear-end collisions can occur when drivers collide with the equipment they either didn’t see or didn’t realize was moving much slower than the cars.

Speeding on County Roads

In Kentucky, the speed limit on county roads is 55mph.  Unless otherwise posted, cars can maintain that speed.  There may be areas that should be slower, for example around curves or in other situations.  It’s important for drivers to pay attention to the recommended slower speeds, where posted or recommended. 

Watch out for Motorcycles

Drivers often don’t see motorcycles or underestimate the speed of motorcycles.  Most of the collisions, according to Sheriff Steger, occur when a car is pulling onto a road from a cross street.  It’s important to take that extra second to really look to see if a motorcyclist is approaching. 

Use Your Turn Signal

Turn signals are important to use.  However, just because someone uses or fails to use a turn signal doesn’t necessarily mean the collision is that driver’s fault.  Both drivers need to make sure the car is/is not turning regardless of the blinker.

Common Factors in Calloway County Car Wreck

• Distracted Driving – Using the cell phone, adjusting the radio, eating while driving, etc.
• Speed – Driving too fast, especially in poor weather conditions (e.g. rain, fog, snow, etc.). Most people think speeding is the leading cause of automobile accidents.  Surprisingly however, it’s actually a driver who’s distracted while operating a vehicle.

In Calloway County, 641 South is the most dangerous road.  It’s heavily used by cars, motorcycle, tractor trailers and other vehicles.  There’s a plan to make this section a 4-lane, which should help to reduce the number of annual collisions.

Give Bicyclists Room on the Road

Cyclists have the same right of way as a car and are required to operate under the same rules.  It’s important for drivers to give people on bicycles plenty of room when approaching and passing them on road.  Move over and give them additional room.

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 5:  Calloway County personal injury attorney Jeff Roberts is joined by his daughter, Clarissa Roberts.  Clarissa recently completed her 2nd year at the University of Louisville Brandeis School of Law.  The Kentucky Justice Association (KJA) recently published an article written by both Jeff and Clarissa on the topic of the wording of releases. 

KJA is an association of approximately 1,400 Kentucky trial attorneys who come together to discuss important topics, lobby for change on a statewide and national level and educate its members so they can improve their trial skills to better represent clients.  KJA has a publication called, The Advocate.

A release is a contract signed at the end of litigation, which terminates the litigation against the at-fault party (the defendant or defendants).  Typically, a financial settlement has been reached.  At this time, the release prevents the injured party (the plaintiff) from pursuing the other party for further restitution.

Your attorney needs to carefully review and explain the terms of the release.  Once this contract is signed, the will be no opportunity for you to go back for additional funds/compensation.  Often, future medical expenses may have already been calculated and included in the settlement.  This is a reason an injured person should not rush to settle a case.  Until the full extent of the injuries are known, it’s difficult to determine to proper value of a case.  Multiple surgeries and other treatments may be required.  If you were to sign a release too early in the process, you may be on your own regarding paying for the medical expenses.

The wording of the releases can often be complicated.  There may be some specific language and technicalities that could either let someone off the hook without you realizing it, or even to expose you to having to pay back your insurance company more that you thought you might have to repay.  These are contracts that need to be carefully understood before you sign them.  It’s an important reason to have an attorney work through the specific clauses.

It’s important to remember that an attorney can generally handle various types of cases.  While some attorneys focus or concentrate their practices in certain areas of law, they still may be licensed to handle many types of legal matters.  However, unless an attorney handles specific types of contracts on a regular basis, he/she may not fully recognize the significance of certain language. 

The Global Release

This clause or language can actually release everyone from the damages.  It’s possible your release has a clause that can be confusing.  For instance, if you were in a car wreck and your air bag failed to deploy, there could be a products liability claim.  However, if this section of the release isn’t properly examined and potentially modified, you might inadvertently release the manufacturer from its liability.

Vicariously Liable Defendants

This language could be used to release an employer for the actions of an employee.  For example, if a truck driver crossed the center line and crashed into your car, the truck driver and the trucking company should be held liable.  If your contract includes this language, it could release the trucking company from its responsibility.  This is important when an employee drives his/her own vehicle on company business.  It may be proven that the employer should also be held liable.  This is extremely important if the driver’s own insurance policy coverage is very low compared to the amount of the medical bills and other damages.

Indemnity Clauses

This clause is when you’ve agreed to protect someone from someone else making a claim against them.  In personal injury cases, this often comes up with medical bills.  If you are injured in an accident, and Medicare has stepped in to pay a medical bill, the at-fault driver may want to use the indemnity clause to ensure Medicare does not come back to them for reimbursement, once the settlement has been paid.  The responsibility has shifted to the injured party now that they’ve received the funds.  This is not limited to Medicare, but serves as an example. 

For the plaintiff, indemnity language could limit you from pursuing additional sources of compensation from a specific party.  This is one reason you really want understand which party/parties are being released.  It the clause is worded too broadly, you may not be able to pursue another person/company.

Confidentiality Clauses

Many injury claims are settled and the settlement includes a confidentiality clause.  The confidentiality clause protects the defendant and/or the plaintiff from disclosure of the amount of the settlement or other elements they may wish to keep confidential.

These clauses can have tax consequences.  When a defendant wants a confidentiality clause, it’s not uncommon to negotiate an additional fee for doing so, as part of the overall settlement.  Personal injury settlements are not taxable, but a fee for a confidentiality clause is taxable.

PIP Funds (Personal Injury Protection)

Kentucky is a no-fault state.  You generally have a minimum of $10,000 in coverage, called personal injury protection (PIP coverage).  Your settlement should be specifically exclusive of PIP.  This makes sure you don’t have to repay the PIP funds.  Technically, this already applies because we’re a no-fault state, but the clause should still be included. 

UIM Release Clause

UIM stands for Underinsured Motorist coverage.  This usually a coverage on your own automobile insurance that protects you when your damages exceed the amount of coverage the at-fault driver was carrying at the time of the collision.  Unlike PIP, this coverage is not automatic. 

When you accept the liability limits of the at-fault driver’s policy, there’s a specific process you must follow, when you plan on pursuing a UIM claim.  A release may inadvertently release your own insurance company from its responsibility to pay your UIM claim.  This could prevent you from collecting on the coverage you’ve been paying for over months or years.

Contract language is complicated.  You should consult an attorney when you are asked to sign legal agreements.  The wording of releases can either protect you or cause you to give up your right to pursue further compensation, sometimes inadvertently.

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 4:  In today’s episode, personal injury attorney Jeff Roberts discusses motorcycle accidents and the steps you need to take if you or a loved one is in an accident. Jeff is not only an experienced attorney, but an avid motorcycle rider.

In the previous episode, Jeff talked a lot about insurance coverage and Kentucky no-fault coverage (also called PIP coverage). This is great if you are in a car or a truck wreck because you will automatically have minimum limit of $10,000 covered in medical expenses and/or loss wages. The hard truth is PIP coverage for a motorcycle is something you will have to purchase and tell your insurance that you want that additional coverage. It is also a good idea to get or see if your insurance has passenger PIP coverage. If you do not have PIP coverage, you would not have that extra safety net, which could cost you more money down the road.

Exclusions for Motorcycles

Even if you have a good insurance policy already, there’s usually something that says motorcycles will be excluded and some will even say that it will not cover any other vehicle. The fact of the matter is if you drive a motorcycle, more damage can be done to you in an accident verses being in a car or truck. That is why knowing your insurance policy is important and can ultimately save you if you invest in the right policy.

In most of Jeff’s motorcycle cases, the driver of the car has been at fault. What frequently happens is inattention from the vehicle’s driver. Right now, it is especially dangerous because motorcycles are not out in the winter. When spring and summer arrive, more and more show up and vehicle drivers often forget to look for them. It becomes an out of sight out of mind incident. It is very important to be a cautious driver.

When dealing with motorcycle accidents, a lot of damages can come into play. One of the first being property damage. If your motorcycle gets hit, it’s probably going to have major damage. More importantly you will have extensive medical bills if you are hit while on a motorcycle.  Some motorcycle injuries can be extremely catastrophic.

Loss of Consortium Claims

If you have significant injury from a motorcycle accident, the spouse or minor children can have a loss of consortium claim, which is a loss of love and affection. That is there if a person dies in a motorcycle accident, then the spouse or minor children can have that claim as well as a wrongful death claim for the person who died and/or if the person has a very significant injury.

Medical bills add up and the more severe, the more expensive it becomes. Some people will need treatment for the rest of their lives. It’s important for the attorney who will be representing them to try to fight for lost income as well, because the victim may not be able to work again.

Dealing with COVID-19 has been a devastating theme today. People are losing jobs and looking to cut expenses, so there may be more and more people driving without insurance.

Motorcycle wreck cases can be devastating and can leave families terrified of the unknown. Jeff understands that and knows what he can do to help. It is important to preserve the insurance coverage of the motorcycle to help with lost wages early on. The emergency bill can easily go over the $10,000 of the PIP coverage or be close to it, assuming there’s PIP coverage.  So, having your attorney notify your insurance company before an application for PIP coverage can allow the family to be more secure because of the loss wages. Jeff is not only well educated in motorcycle cases, but he rides one so he has the perspective needed for these cases.

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.

Jeff Roberts has over 25 years of experience helping clients involved in traffic accidents.  Jeff handles cases all over the Western Kentucky region.  As we emerge from the coronavirus lockdowns, we’re going to want to take advantage of summer driving opportunities.  As more vehicles get on the road, the risk for a collision increases.

After an Accident – Check on the condition of you and your passengers.  You may also want to check on the other vehicle.  Immediately call 911 if there are injuries, so first responders can assist you.  You’ll want to get a copy of the police report.  The information will be important for your accident claim.

Next, it’s generally a good idea to seek medical treatment.  If the injuries aren’t life-threatening, you may decide to see your primary care doctor or even an urgent care clinic.  It’s not uncommon for pain and tightness to show up over the next several days.  You should have this documented, in a medical record, by a healthcare professional.  Let your doctor know you were recently involved in a traffic accident.

Delays in Seeking Care – The insurance adjuster for the other driver will try to minimize any injuries.  If there’s a delay in seeking medical treatment, they will try to blame part of all of your injury on something that you did after the wreck.  They may also try to blame it on a pre-existing condition.  The want to minimize the amount of any payments potentially made to you.

Paying for the Doctor Visit – Kentucky has Personal Injury Protection (PIP coverage, No-Fault Coverage) for the driver and passengers.  Generally, this is up to $10,000 in medical coverage for the driver and each passenger.  This can also cover lost wages.  You need to report the accident to your insurance carrier.  The company responsible for paying the no-fault coverage is the company that insures the automobile.  Yes, this is usually your own insurance company.  Your company will later seek reimbursement from the at-fault driver’s insurance company.  The goal is to enable you to quickly seek medical attention, regardless of who is at fault.

Getting Your Car Repaired – The PIP coverage (no-fault) does not cover property damage.  However, in Kentucky the minimum property damage coverage for any automobile insurance is $25,000.  Unfortunately, this coverage does not cover the at-fault driver’s vehicle.  There’s additional insurance a driver can carry to protect the his/her car, even if he/she is at-fault.

What If the At-Fault Driver Is Driving without Insurance? – People are required to have automobile insurance, but some people continue to drive without insurance.  An important type of coverage is Uninsured Motorist Coverage.  This protects you and your passengers if the at-fault driver doesn’t have insurance (“UM” coverage).  Another type of insurance is Under Insured Motorist Coverage (“UIM” coverage).  This coverage is used to cover additional damages, if the other person’s insurance is not sufficient to cover all of your damages.  Both UM and UIM have specific amounts of coverage, so how much is there depends on your own policy.

Due to the Coronavirus, people are concerned about expenses, especially if they are at risk for losing their jobs.  One of the areas people may cut back on is automobile insurance.  It may be a good time to review your own policy to make sure you have adequate UM/UIM insurance. 

Avoid Insurance Coverage Mistakes – It’s important to review your policy.  There may be specific adders that are costing you money.  You may need to increase certain types of coverages to avoid some of the issues we mentioned earlier in this podcast. 

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.

Jeff Roberts has over 25 years of experience helping clients to file for and receive Kentucky workers’ compensation benefits.  We’ll explore the workers’ comp system, benefits and other information, in this episode.  Jeff handles cases all over the Western Kentucky region.

Qualifying for workers’ compensation benefits

Generally, this is an injury, occupational disease and/or occupational hearing loss.  All three can qualify for benefits.  Let’s focus on the physical injuries, since they are the major of the cases he sees.

You need to notify your employer, within a reasonable amount of time.  A co-worker can give notice on your behalf.  Generally, notification needs to go to someone above you in the food chain.  Some companies may have local policies regarding notification to a specific department or using a specific form.  The law states you simply need to give notification.

Some companies may try to require you to see a specific doctor or medical provider.  However, Kentucky law allows the injured employee to decide where to get treated and which medical professional to see.  The “company doctor” may try to get you to return to work before you’re fully healed.  Employers may be more focused on containing cost, rather than taking care of you.  The caveat is a company with a managed care plan.  There will still be a group of doctors and providers inside the plan.  This is the exception to the rule.

If you feel you need medical treatment, then you should seek treatment.  It’s probably a good step to see your family doctor, if possible.  That person may already have a relationship with you and will be focus on your care.

The 5 Benefits of Kentucky Workers’ Compensation

Medical Benefits – The employer and its insurance carrier is responsible for all reasonable and necessary treatment related to your workplace injury.  This goes beyond the initial treatment.  You may qualify for lifetime treatment.

Temporary Total Disability (TTD) – The money you will receive, while you’re off work as a result of your injury.  The rate is a percentage of your average weekly wage.  There is a cap on TTD benefits in Kentucky.  Jeff will work to ensure the amount has been properly calculated.  The insurance carrier can get this wrong, resulting in lower TTD payments.  The carrier will also be responsible for any underpayment (e.g. “back pay”).  Once you reach maximum medical improvement (MMI), TTD payments stop and permanent disability benefits come into play.

Temporary Partial Disability – Money you receive if you can return to work, but are unable to go back to your original 40-hour job with a light-duty restriction, because a position isn’t available.  For instance, if the only job you can return to is a 20-hour week job, temporary partial disability will make up the difference between this and the actual TTD rate.

Permanent Disability Benefits – Once you’ve reached maximum medical improvement (MMI), according to your doctor(s), your TTD and Temporary Partial Disability will end.  It can take months or years to reach MMI.  Now, you will be classified with either a Permanent Partial Disability or a Permanent Total Disability (completely unable to work). 

Permanent partial disability includes an impairment rating (assigned by the doctor).  This qualifies you for a payment based on a number of factors.  Even if you return to the exact same job, you may still qualify because your expected work-life may be reduced by your injury.

Vocational Rehabilitation Benefits – This benefit may be available if the workers’ compensation judge feels you could benefit from retraining.  This can help you enter another field of work. 

Another Source of Benefits

Jeff also handles Social Security Disability Insurance benefits.  Depending on your situation, you may be able to file for both workers’ compensation and social security disability.  The standards are different, but both can provide addition funds to help you pay your bills. 

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 1:  Calloway County injury attorney Jeff Roberts discusses his background and why he focuses on helping other people.  He handles personal injury cases, automobile accidents, workers’ compensation claims and social security disability claims.  His office is located in Murray, Kentucky.

Jeff grew up in Mayfield and went to Murray State University.  He later earned his law degree from Southern Illinois University Law School, in Carbondale.  He returned to Murray to practice with Don Jones, in 1992.  He’s been practicing in the same building ever since.  He became a partner in the firm and took it over, upon the death of Mr. Jones in 2000.

Jeff is licensed to practice law in Kentucky.  He covers cases throughout the Western Kentucky region and beyond.  However, for social security disability claims he’s admitted to practice in all 50 states.  Social security claims are handled in the federal system.  He also has experience as an assistant county attorney prosecuting criminal cases.  He also maintains his trial skills by handling child neglect and child neglect cases on a weekly basis. 

Representing clients who’ve been injured in tractor trailer collisions also helps Jeff work on extremely complicated cases, involving the federal motor carriers act.  Sometimes, those cases also involve related products liability cases against the manufacturers of equipment (such as tire manufacturers).

The most heart-wrenching cases are those involving wrongful death claims.  These can result from car wrecks, truck wrecks and other cases. 

Jeff spends part of this episode explaining contingency fee agreements, evaluating offers from the insurance adjusters and important decisions regarding taking a case to trial. 

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.

I'm happy to announce the upcoming launch of the Roberts Law Office Injury Podcast.  The goal is to help explain important issues, provide helpful information and to give insights into how certain issues might impact your case and/or claim. New episodes will be publish every 2 weeks.

I'll cover topics related to personal injury, automobile accidents, workers compensation claims and social security disability.