Shumate, Flaherty, Eubanks & BaechtoldLaw Firm in Richmond KY | Shumate, Flaherty, Eubanks & Baechtold2024-03-26T15:16:09Zhttps://www.eblawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1501879/2021/02/cropped-sfeb-site-icon-32x32.jpgOn Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516282024-03-26T15:16:09Z2024-03-26T15:16:09ZSome pre-existing conditions qualify
The main consideration when evaluating a worker's eligibility for workers' compensation is whether their condition is the result of their employment. An individual with a pre-existing condition who has had the same symptoms for years likely cannot ask workers' compensation to cover their treatment costs because the condition is not a result of their employment.
However, if someone had their symptoms under control but their job has worsened their condition, then they may qualify. A dormant condition that suddenly re-emerges due to employment tasks may be eligible for workers' compensation coverage. A pre-existing condition that had consistent symptoms before and during someone's employment likely is not eligible for benefits.
There have been major cases in Kentucky related to pre-existing conditions that have helped establish the standard for coverage. Typically, there needs to be medical evidence establishing that someone's employment caused or worsened their symptoms for them to qualify for coverage. The more medical documentation someone has exploring the symptoms they have experienced and how those symptoms have changed, the better their chances of successfully pursuing workers' compensation benefits.
Employees in more complicated situations often need more assistance when pursuing workers' compensation benefits. Employers or insurance providers may challenge claims based on pre-existing conditions or other unusual circumstances. Understanding the basic rules of how Kentucky workers' compensation functions, and seeking personalized legal guidance, may help employees access the support they require. Those who know their rights may feel more confident filing a claim for disability pay or health coverage accordingly.]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516272024-03-25T14:47:27Z2024-03-25T14:47:27ZPotential dependents
Under Kentucky’s workers’ comp rules, the following family members are assumed to be the main financial dependents of the employee upon their death:
Their surviving spouse
Children younger than 18 living with the spouse
Children younger than 22 enrolled in an accredited higher education program
Adult children who are mentally or physically unable to support themselves
The workers’ comp system gives priority to the deceased worker’s immediate family. If the worker didn’t have any family, other relatives may be identified as dependents if they can prove they depended on the worker. These include the worker’s parents, siblings, grandparents and grandchildren.
Amount of benefits and length of payments
When a worker dies from a work-related injury or illness, their eligible beneficiaries can receive weekly death benefits up to 75% of the employee’s average weekly wages. The total amount can’t go over the average weekly wage across Kentucky. The state also caps death benefits at 500 weeks maximum.
In addition to the death benefit, the employer or insurer must also provide the surviving dependents a lump sum payment for burial and other related funeral expenses. The amount of this burial benefit is based on Kentucky’s average weekly wage.
If a worker dies due to an accident at work, workers’ compensation still triggers – but the benefits instead go to the late worker’s surviving family. However, this payment isn’t automatic, and employers and their insurers can still dismiss a claim for death benefits. Dependents worried about how they can secure benefits may want to work with a legal professional. An attorney may be able to guide them on how to start the claim process and fight to ensure their proper compensation.]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516262024-03-15T09:01:10Z2024-03-15T09:01:10ZAlcohol education and treatment
Kentucky mandates that DUI offenders must undergo alcohol education and treatment programs. However, the state won’t pay for these programs, so drivers must pay out-of-pocket to attend. These programs cost anywhere from $150 to more than $1,000.
Court fees
On top of the fine a driver must pay for a DUI conviction, they may also have to pay mandatory court costs and fees to cover administrative expenses. These fees are non-negotiable.
Service fee
Anyone convicted of DUI in the state must pay a $425 service fee in addition to their other penalties. This fee will be used to pay for state-backed funds, such as the ignition interlock administration fund and the traumatic brain injury trust fund. A part of it is also set aside to pay for agencies such as law enforcement, the Department of Public Advocacy and the Prosecutor's Advisory Council.
License reinstatement
A court will suspend the offender’s license following a conviction. If a driver wishes to restore it, they’ll have to pay $40, on top of any other restrictions a court may impose as part of the reinstatement (such as the requirement to install an ignition interlock device).
Ignition interlock devices
A court may order a driver to install an ignition interlock device (IID) on their vehicle. This device prevents drivers from starting the vehicle until it can detect zero alcohol levels from the driver’s breath. Installing an IID costs between $70 and $170, but you still have to pay about $80 monthly rent to continue using it. Because courts usually order drivers to maintain an IID for up to a year, these costs can quickly get out of hand.
A DUI in Kentucky can lead to a significant financial strain, with expenses far beyond initial fines. If you’re facing charges, consider the penalties that await you. A criminal defense legal professional may be able to advise you on your case and discuss what other punishments await you.]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516232024-03-07T11:01:22Z2024-03-07T11:01:22ZIdentifying common obstacles after divorce
While post-divorce issues vary widely on each case’s unique circumstances, there are common challenges that people may face after a divorce which includes the following:
Parent relocation: Many parents decide to move residences due to work opportunities, better environment or other personal reason. If a parent decides to relocate, it can affect the current co-parenting dynamic, significantly impact children's lives and require court modifications to existing agreements. Hence, it is important to anticipate and prepare for the possibility of any geographical changes.
Changes in child’s needs: As children grow, their needs change, which may necessitate adjustments to custody and support agreements. These changes may impact living arrangements, education, and healthcare, requiring parents to reassess and possibly renegotiate terms to ensure the child's welfare remains the central focus.
Changes in parents’ situation: Financial or personal changes in a parent’s life, such as job loss and remarriage, can alter their ability to meet custody or support terms. These shifts may lead to requests to modify original agreements, aiming to reflect new circumstances while still prioritizing the child's best interests.
These are only some of the many possible obstacles parties may face even after their divorce have been long finalized.
Overcoming these issues
After identifying potential issues after a divorce, it is equally important to know how to effectively handle them. These can require several adjustments and finding strategies that would work well in one’s unique situation.
If at any point the challenges seem too great to handle alone, especially with aspects that require proficiency, it is advisable to seek professional guidance and support to overcome them]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516182024-02-27T10:43:55Z2024-02-27T10:43:55ZThe law on drug DUIs
According to state law, it’s illegal for any person to operate or be in physical control of a motor vehicle while either under the influence of alcohol or any other substance that can impair one’s driving ability. While this would typically refer to illegal controlled substances, the rules also prohibit legal medication that may have impairing effects.
The types of drugs that can impair driving
Several types of drugs can impair your ability to drive. They include:
Prescription medications such as opioids, benzodiazepines, and antidepressants
Over-the-counter medications such as cold and allergy medications
Illegal drugs such as marijuana, cocaine, and methamphetamine
Prescription and over-the-counter medications mixed with alcohol
As long as a drug causes the following effects, it can trigger a DUI:
Slowed reaction times
Impaired decision-making skills
Poor coordination and balance
Drowsiness and fatigue
Impaired concentration
Officers will look for these symptoms or administer a blood test to confirm if a driver is under the intoxicating effect of a drug.
The penalties for drug DUI
The penalties for drug-impaired driving are similar to those for alcohol-impaired driving. A first offense for drug-impaired driving leads to up to $500 in fines, 30 days in county jail and a 12-month license suspension on conviction.
Kentucky treats charges for drug DUI the same as those for alcohol, and a conviction can have long-lasting consequences for your future. If you face charges, remember that you don’t have to face them alone. A legal professional experienced in criminal defense may be able to advise you on your case and protect your rights in court.]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516172024-02-23T00:09:32Z2024-02-23T00:09:32ZRepetitive job functions damage the body
The human body is not a machine, and even machines break down after performing the same function consistently for years on end. Needing to constantly lift, twist or move parts on a production line often means performing the same functions several times a minute for eight hours or more per shift.
People develop minor injuries when they strain their bodies. Repetitively putting the body through the same strain over and over can cause significant damage. Factory workers who have to grip tools or parts could develop carpal tunnel syndrome. Those that lift and turn might develop back injuries.
Repetitive strain injuries often require a change in job functions and a period of rest before the body can recover. Workers who experience pain and diminished strength because of repetitive job functions may need to file workers' compensation claims.
How workers' compensation can help
Someone who has secured workers' compensation benefits can potentially take necessary medical leave from work while receiving wage replacement benefits through workers' compensation disability. They can also connect with treatment through workers' compensation medical coverage.
Additionally, once they notify their employer of their condition, they have a better chance of negotiating appropriate workplace accommodations when the employer is aware of how their job has affected their health. Instead of simply trying to power through another painful shift, workers who recognize that their repetitive job functions have damaged their bodies may benefit from seeing a doctor to obtain a diagnosis.
Connecting painful symptoms to job functions might be the first step toward correcting the damage caused by working in a factory for years and receiving compensation that will cover the costs of treatment, etc.]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516152024-02-21T14:02:04Z2024-02-21T14:02:04Zaccident involves a large commercial truck, there are two essential pieces of evidence you should gather to strengthen any legal action you may pursue.
Truck driver’s personal log
The Department of Transportation regulates the hours commercial truck drivers can work daily. With a job that requires constant alertness through long hours, regulations have been established to limit the number of hours truck drivers can drive without rest to prevent fatigue-related accidents.
A truck driver’s logbook includes information about their hours of service and rest breaks under the sleeper berth provision. It is important to request these logs as soon as possible, even at the scene of the accident, to avoid losing valuable information.
Electronic control module data
Trucks manufactured in the United States beginning in the 1990s are equipped with an Electronic Control Module (ECM), often called a “black box.” This device monitors the truck’s various functions, such as the engine, transmission, brakes, and fuel system.
This evidence can reveal unsafe behavior by the driver or the trucking company, making it crucial to build your case.
ECMs have limited storage for recordings. As a result, previous entries are regularly overwritten once the storage capacity has been exceeded. Trucking companies may also delete the data immediately after the accident. Thus, it is critical to work with an attorney to file legal action and preserve this piece of evidence quickly.
Seeking justice in the aftermath of a truck collision can be extremely difficult, as these accidents typically result in devastating loss and considerable damage. Collecting the right evidence is crucial in strengthening your claims and protecting your rights.]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516142024-02-14T21:57:24Z2024-02-14T21:57:24ZA car accident can happen at any time. However, reports typically show a high number of crashes during certain periods. It's vital to be informed about this to know how to respond to different risk factors on the road.
Here is when you may need to be extra careful:
Between 4 pm and 8 pm
According to a study done in 2021 by the National Safety Council (NSC), a higher percentage of accidents happen between 4 pm and 7:59 pm from November through March. However, during the spring and summer months, fatal crashes are recorded in high numbers from 8 pm to 11:59 pm.
Saturday
The NSC reported many accidents happen on the weekends, from Friday to Sunday. Many non-fatal accidents are recorded on weekdays. This may be due to the disruption in drivers' routines on the weekends. Accordingly, they are more likely to engage in risky behaviors.
July to October
According to the National Highway Traffic Safety Administration (NHTSA), in 2022, 3,860 car accident-related facilities were reported in July, 3,900 in August, 3,930 in September and 4,015 in October. The numbers recorded in 2021 were 3,879, 4,013, 3,861 and 4,101 in July, August, September and October, respectively.Summer typically records the highest number of crashes of all seasons. The period between Memorial Day and Labor Day is known for being dangerous for drivers.Many factors contribute to accidents during these months. One of them is that many people travel for vacation to take advantage of the warm season. Due to the congestion on the roads, particularly in areas that attract many tourists, the chances of an accident occurring may be high.Accidents can be common when more vehicles are on the road and drivers change their routines. If another driver injured you, get more information about your case to protect your rights.
]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516082024-01-30T13:25:28Z2024-01-30T13:25:28ZPrenuptial agreements are contracts couples enter into before marriage to outline the division of assets and financial responsibilities in the event of a divorce. These serve as a tool for couples to establish clear financial expectations and protections.
In Kentucky, a prenuptial agreement must be fair and transparent and entered into voluntarily by both parties.
Sufficient time for review
Kentucky law emphasizes the importance of both parties having sufficient time to review and understand the prenuptial agreement. It is recommended that the agreement be presented well in advance of the wedding, ideally several months before. This allows both parties time to consult with their respective attorneys, ensuring they fully comprehend the terms and implications of the agreement.
Limitations on child custody and support
Prenuptial agreements in Kentucky can’t predetermine child custody or child support matters. These issues are determined based on the child's best interests at the time of divorce, not pre-set by an agreement. The court retains the authority to make decisions regarding child custody and support, ensuring that the child's welfare is the primary consideration.
Disclosure of assets and liabilities
For a prenuptial agreement to be enforceable in Kentucky, both parties must fully and fairly disclose all assets and liabilities. This transparency is crucial as it ensures that both parties make informed decisions. Any concealment of assets or liabilities can challenge and invalidate the agreement.Each party should have independent legal representation when drafting and reviewing a prenuptial agreement. This helps ensure that the interests of both parties are adequately represented and that the deal complies with Kentucky law. Legal counsel can also provide valuable guidance on the implications and enforceability of the agreement's terms.]]>On Behalf of Shumate, Flaherty, Eubanks & Baechtoldhttps://www.eblawfirm.com/?p=516072024-01-24T23:26:22Z2024-01-24T23:26:22Z400 reported worker deaths caused by workplace violence. There were also more than 37,000 workers who had injuries caused by the violent conduct of another party.
Workers could end up hospitalized due to an assault or other violent incident on the job and may have major medical expenses while simultaneously losing out on income because of their injuries. How do workers cover the cost generated by criminal activity in the workplace?
Through workers' compensation
The no-fault workers' compensation program in Kentucky gives employees access to important protection. Someone hurt during a criminal incident involving a co-worker or a visitor can file a claim for workers' compensation benefits.
The coverage available may help pay for someone's medical costs after their injury. They can also potentially request disability benefits to replace their wages if they cannot work because of their injuries. Workers do not need to prove that their employer is somehow responsible or liable for the criminal activity to qualify for workers' compensation coverage. Surviving family members of someone who dies due to crime may also be able to file a workers' compensation claim.
Through a personal injury lawsuit
While workers' compensation coverage is helpful, it is not the only option available to victims of criminal activity on the job. Provided that they can identify the party that assaulted or injured them, they may be eligible to pursue a personal injury lawsuit.
A fatal criminal incident on the job could also lead to surviving family members of the deceased worker pursuing a wrongful death lawsuit against the criminal. Successful litigation can supplement the benefits obtained through workers' compensation and provide more robust financial support for those affected by crime in the workplace.
Oftentimes, a workers' compensation claim comes first, possibly followed by litigation later. Workers in any profession could end up hurt by criminal activity while working. Learning more about workers' compensation and Kentucky's personal injury laws may help workers diminish the long-term economic impact of an on-the-job criminal incident.]]>