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Greenup County Kentucky Legal Blog

Does my employer have to have workers' compensation?

Workers' compensation is a great program that helps ensure you are protected if you are injured on the job. It also protects your employer because it prevents you from suing in court. The program is handled by the state. In Kentucky, most employers will have to carry workers' compensation insurance, but the Department of Workers' Claims explains some employers may be exempt.

While some states limit who must carry insurance based on the number of employees, Kentucky does not. The state requires employers with any employees to carry it. In addition, the number of hours worked by employees does not matter. However, some employers are not required to carry workers' compensation, even if they have employees.

What is the basic divorce process in Kentucky?

There may come a time in your marriage when you feel like things are at an end. Regardless of what has led to this decision, your next step is to file for divorce in a Kentucky court. This process can be confusing, so knowing how to do it can help make things easier for you. After all, divorce is a tough enough situation for anyone.

The Legal Aid Network of Kentucky explains that you may file for divorce at any time as long as you have lived in the state for at least the previous six months. You must file in the county in which you live. This is a no-fault state meaning you do not have to prove anything to get a divorce or otherwise chose the grounds for your divorce. 

Teach your teen precautions for driving on unpaved roads

It’s hard to believe that your child is teenager. You remember the day they were born like it was yesterday. Memories of their first steps, words and when they learned to talk are easy to recall. You’ve been watching your child flourish and grow. You taught them how to walk, ride a bike—both with and without training wheels—and now it’s time for them to get behind the wheel.

You know that your child is both excited and nervous to drive. While you encourage this new endeavor, you are also anxious. Distracted driving is top on your list of things to chat with them about, but since they will be using several county and back roads, you may want to talk to them about how to drive on unpaved roads as well.

When may the court grant alimony?

If you are getting a divorce in Kentucky, you may be ordered to pay alimony to your ex-spouse. Alimony or spousal support is a payment to help that person with their living expenses and to help him or her maintain a quality of life that is similar to that of when you were married. Not every divorce case involves alimony payments. 

The Kentucky Legislature explains there are specific conditions that must be met for the court to impose alimony and then only for an amount and time based on certain factors. You may be ordered to pay alimony if your spouse cannot provide for him or herself. This includes considering the assets he or she has and his or her ability to find and/or maintain employment. Financial situation, age, physical health, the standard of living and the duration of your marriage are all considered when deciding how much you will pay and for how long. 

What are the swimming pool enclosure requirements?

With warmer weather on its way, you may start planning on installing a backyard swimming pool. While you are perfectly able to put a pool on your property, you do have to obey local ordinances to ensure your pool is legal. Such regulations are put in place by Kentucky officials to help ensure safety. Every year children end up drowning in backyard pools. In some cases, the child wandered into someone else's yard, thus making that person liable. To help keep others safe and protect yourself, you must understand the enclosure laws in your area.

According to the Department of Housing, Buildings and Construction, you must have a safety barrier, typically a fence, around your swimming pool area. This safety barrier must not have a gap between the ground and the bottom of the fence of more than four inches nor should any other gaps in the fence be more than four inches. Cutouts for decorative purposes must be less than 1 3/4 inches wide. It must also be at least four feet tall. If you make a barrier out of stone or other similar construction materials, they cannot protrude in a way that would make it easy for someone to climb over the barrier. 

2017's top OSHA violations

Sometimes, accidents happen. When it comes to injuries that happen on Kentucky construction sites, though, many are preventable. According to the National Safety Council's Safety and Health magazine, many of these events in 2017 were the direct result of safety violations on the part of employers. 

Here are the violations that the Occupational Safety and Health Administration issued the most citations for in 2017.

What is road rage?

A common reason for many personal injury claims in Kentucky is car accidents. Motor vehicles are the most dangerous form of travel, so it is no surprise that they result in countless injuries each day. The reasons such accidents occur are varied, but one identified cause is aggressive driving. This is also referred to as road rage, which WebMD describes as purposeful unsafe driving actions that disregard safety. 

Road rage can be minor or severe. An incident could be as simple as cutting in front of another driver because you are annoyed by how slow they are going. More severe incidents include instances of drivers shooting other drivers. It is not always easy to determine why you may suffer from road rage, but in its most basic form it is caused when you are offended by how someone else is driving. However, going from being annoyed by another driver to taking physical action against that driver requires there to be underlying aggression. 

Minding the guests: premises law in Kentucky

If you have been injured at a local business, odds are that you considered it something which was not a big deal. Many people don’t want to create a fuss when they have slipped and fallen, developed a small cut, or other small injuries.

But this could be a big mistake, as your injuries could result in losses in medical bills or time away from work. It may be that the hazard which injured you might hurt other people, too. Businesses and other owners which invite people onto their property do have a responsibility to provide a safe place for guests.

Can I receive workers’ compensation for black lung disease?

Black lung disease can strike coal miners, whether on the job or sometime after leaving a coal mine, due to the coal dust miners inhale in their lungs. If you happen to be someone who suffers from black lung disease or if you suspect you may have it, the federal government offers a type of workers’ compensation under the Black Lung Benefits Act (BLBA). According to Findlaw, the BLBA provides Kentucky residents with compensation for a number of services and medical treatments.

Travel to a doctor’s office is one such example. If you want to take a trip to a doctor’s office or a clinic, or perhaps a different medical facility, your travel expenses will be covered so long as the trip to and from your destination does not exceed two hundred miles. The BLBA also comes into play if you need emergency care, as ambulance trips to a hospital for emergency care related to acute black lung disease are also covered.

How is paternity established?

When a baby is born in Kentucky, there is no doubt as to who the mother is, but the same cannot be said for the father. If you are the father of a child and need to establish paternity, Kentucky.com explains you have a few options. You can either establish it voluntarily or go through the court system.

A voluntary admission of paternity just requires that you sign a paper saying you acknowledge that you are the child's father. You can do this at the child support office, in the hospital or at the health department. You can also voluntarily establish paternity in court if it is not contested. However, if the mother says you are not the father, then you may need to have the court order a genetic test or DNA test. 

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