Robinson Salyers, PLLC Bankruptcy, Workers' Compensation, Injury | Robinson Salyers, PLLC2024-03-04T15:41:41Zhttps://www.robinsonsalyers.com/feed/atom/WordPress/wp-content/uploads/sites/1501814/2020/11/cropped-favicon-32x32.jpgOn Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513342024-02-27T15:43:08Z2024-03-04T15:41:41ZCarpal tunnel syndrome
One of the most common injuries from doing repetitive tasks is carpal tunnel syndrome. This happens when a nerve in a person's wrist gets squeezed because they are doing the exact same movements over a long period of time, like typing or working on an assembly line. Signs include numbness, tingling and weakness in the hand and wrist.
Tendonitis
Another common injury is tendonitis, which happens when the tendons in an individual's body get worn out from doing the same movements too much. It can cause pain, stiffness and swelling in the wrists, elbows or shoulders. Workers who lift heavy items, type a lot or reach up high all the time are more likely to get tendonitis.
Rotator cuff injuries
If a person's job involves reaching up high or lifting things multiple times, such as a construction worker or a painter, they might be at risk for rotator cuff injuries. This is when the muscles and tendons around a person's shoulder get hurt from doing the same movements too much. Signs of a rotator cuff injury include pain, weakness and not being able to move the shoulder like normal.
Epicondylitis
Epicondylitis, also called tennis elbow or golfer's elbow, happens when the tendons around a worker's elbow get inflamed from doing the same gripping or wrist movements all the time. This can happen if they use tools or operate machines a lot.
Repetitive use injuries are common at work. Staying aware of what options an individual has for workers' compensation can boost this person's confidence when deciding what to do after an injury.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513332024-02-27T15:41:14Z2024-02-29T15:40:17ZBudget wisely
Create a comprehensive budget that outlines your income and expenses. Put aside part of your income towards savings and debt repayment, including any credit card balances. Stick to your budget to avoid falling back into financial trouble, which may include avoiding "buy now, pay later" accounts.
Start small
Consider applying for a secured credit card or a credit-builder loan to begin rebuilding your credit. These options typically require a deposit but can provide an opportunity to show responsible credit usage.
Use credit wisely
When using credit cards post-bankruptcy, be mindful of your spending habits. Only charge what you can afford to pay off in full each month to avoid getting into additional debt. Keep your credit utilization ratio low by using only a small portion of your available credit.
Pay on time, every time
Timely payments are important for rebuilding credit. Set up automatic payments or reminders to ensure you never miss a due date. Even one late payment can hurt your credit score.
Monitor your credit
Regularly monitor your credit report for inaccuracies or signs of identity theft. You can get a free credit report from each of the three major credit bureaus. Reviewing your report can help you track your progress and address any issues promptly.
Be patient
This process may seem tough at first, so rewarding yourself can keep your spirits up. Stay committed to your financial goals and celebrate small victories along the way.
Managing credit cards after bankruptcy requires careful planning. However, with time and good credit management, you can improve your credit score and handle credit cards responsibly.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513322024-02-27T15:39:30Z2024-02-27T15:39:30ZUnderstand your plan
In 2023, 416,607 individuals filed for bankruptcy and 178,214 individuals and businesses filed for Chapter 13 bankruptcy, but filing and gaining approval does not mean satisfaction of the terms. After you agree to your Chapter 13 repayment plan, take the time to thoroughly review and understand it. It outlines how much you will pay each month and to whom.
Create a budget
Develop a realistic budget that covers your necessary expenses while allowing you to meet your Chapter 13 payment obligations. Prioritize your housing, utilities, food and transportation costs. Also, build an emergency fund. This can provide a financial safety net during your Chapter 13 bankruptcy.
Stick to the plan
Consistently make your Chapter 13 payments on time. Late or missed payments can jeopardize your bankruptcy case and may result in dismissal. Set reminders or automatic payments to help you stay on track. If you encounter financial challenges, speak with your trustee immediately.
Review your plan regularly
Periodically review your Chapter 13 repayment plan to ensure it still aligns with your financial situation. If your circumstances change significantly, such as a change in income or expenses, consider requesting a modification to your plan.
Stay informed
Stay informed about any changes to bankruptcy laws or regulations that may affect your case. Knowledge of your rights and responsibilities can help you navigate the Chapter 13 process more effectively.
As you complete your plan, choose fiscal responsibility. Avoid new debt that can strain your budget and make it harder to complete your repayment plan.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513312024-02-08T00:48:25Z2024-02-08T00:48:25ZHow often can you file for bankruptcy?
The U.S. Bankruptcy Code imposes certain limitations on filing for bankruptcy multiple times, depending on the type of bankruptcy previously filed and the time that has elapsed. These limitations are in place to prevent abuse of the system and to encourage responsible financial behavior. The rules work like this:
Chapter 7 after Chapter 7: If you filed for Chapter 7 bankruptcy in the past and received a discharge, you cannot file for Chapter 7 again until eight years have passed from the previous filing date.
Chapter 13 after Chapter 13: If you filed for Chapter 13 bankruptcy in the past and received a discharge, you cannot file for Chapter 13 again until two years have passed from the previous filing date.
Chapter 13 after Chapter 7: If you previously obtained a discharge in a Chapter 7 case, you must wait four years from the filing date of that case before filing for Chapter 13.
Chapter 7 after Chapter 13: If you obtained a discharge in a Chapter 13 case, you must wait six years from the filing date of the previous case before filing for Chapter 7.
Generally speaking, the trustee is not going to hold multiple bankruptcies against you unless there are actual indications that you are abusing the bankruptcy process (such as having a previous bankruptcy dismissed with prejudice).
While it can be frustrating to find yourself in this financial position again, bankruptcy exists for a reason. Seeking legal assistance can help you better understand the best steps to take under the circumstances.
]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513232023-11-01T16:26:28Z2023-11-01T13:03:12ZThere are many different kinds of work available for ambitious individuals in Kentucky. For example, the holiday season often results in many seasonal employment opportunities in the retail sector. People can also sometimes take on a part-time job to earn a little extra money before the holidays.
Working part-time or only for one season at a certain company is sometimes a beneficial arrangement. However, it can leave people with a lot of questions about their rights as an employee. For example, a seasonal worker in Kentucky might end up getting hurt on the clock. They might miss work and may require medical care.
Can those with seasonal or part-time employment rely on workers' compensation benefits to help cover their expenses for job-related health concerns?
Yes, direct employees generally have coverage
Kentucky has very specific rules for workers' compensation coverage for employers. With the exception of self-employed individuals or independent contractors, organizations typically need to provide coverage for all of their staff members. A seasonal or part-time employee should have the same access to benefits as a permanent, full-time worker, as long as they are not classified as an independent contractor. It does not matter how many hours someone puts in at a company or how long they have worked there. What matters is the cause of their injury or medical condition.
Provided that someone gets hurt on the clock or a doctor diagnoses them with a job-related health condition, they can typically qualify for workers' compensation benefits. The main impact that being a part-time worker might have on someone's workers' compensation coverage would be that they likely receive less disability benefits because they earn less than full-time workers. Still, they may be able to receive up to two-thirds of their average weekly wages for as long as they would have remained employed and they are unable to return to their work. Their benefits can also compensate them if injuries from a second part-time job prevent them from working at their main job.
Companies don't always provide thorough and accurate information about the workers' comp benefits available to seasonal or part-time workers. Learning about the rules that protect those employed seasonally or less than 40 hours a week may benefit someone who is employed in this way and is worried about their protection after getting hurt on the job.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513152023-10-12T14:02:11Z2023-10-11T13:21:03Z
People in different professions encounter a variety of different workplace hazards on the job. Some of those hazards are of more serious concern than others. For example, only a tiny percentage of employees work with animals or regularly encounter them on the job. Although animal attacks can lead to debilitating or disfiguring injuries and psychological trauma, they are far from a leading cause of work-related harm.
According to the National Safety Council, more than 75% of all significant workplace injuries fall into one of three general categories. Workers who are aware of the most pressing safety concerns at their jobs might be in a better position to protect themselves and/or recognize when filing for workers' compensation benefits may be necessary. The following are the top causes of work injuries that lead to workers' compensation claims in the U.S.
Exposure to harmful substances and environments
Workers often have to handle dangerous materials. Hospital workers end up exposed to pathogens, while those in manufacturing facilities could inhale asbestos or end up burned by chemicals. Electricity, noise, extreme temperatures, traumatic events, radiation and even oxygen deficiency are examples of dangerous substances and environments that can lead to worker injuries.
Overexertion or bodily reaction
The second leading cause of workplace injuries involves people pushing their bodies past the breaking point. Sometimes, it will be a single incident that leads to someone getting hurt. Examples might include when a nurse tries to lift a particularly heavy patient and tears their rotator cuff or injures their back. Other overuse injuries relate to repetitive job functions. Manufacturing professionals and even office workers may end up developing medical conditions related to doing the same tasks day after day on the job.
Slips, trips and falls
Some jobs have very obvious fall hazards present. Construction workers and window washers often do their jobs at a significant elevation, for example. Other workers may end up experiencing a same-level fall. Someone who slips in a spill or trips over a power cord could break a bone or develop a brain injury.
Regardless of whether someone gets hurt due to an obvious and common risk source or due to a very unusual situation, they may have the right to file a workers' compensation claim. Pursuing health care coverage and disability benefits can reduce the financial impact that a job injury may ultimately have on a worker.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513142023-10-12T13:48:52Z2023-09-28T13:15:20Z
Individuals who are facing financial hardship often consider bankruptcy as a way to resolve their economic challenges. Bankruptcy immediately halts collection efforts and can lead to the discharge of certain debts if someone successfully completes the process.
There are different types of bankruptcy for people and businesses, and aspiring filers need to choose the chapter or type of bankruptcy that would work best given their circumstances. There are rules and limits for bankruptcy that may ultimately determine who qualifies and who does not. For example, Chapter 13 bankruptcy allows someone to set up a payment plan with unsecured creditors and to potentially discharge a good portion of what they owe.
There are no income limitations for a Chapter 13 filing
Chapter 7 bankruptcy is a form of bankruptcy that people may have a hard time accessing. It is subject to very strict rules regarding the maximum income of the person filing. They will need to compare their income over the last six months to the state median income for their household size. The same standard does not apply for a Chapter 13 bankruptcy.
Even those who enjoy competitive income levels can qualify. Additionally, they can potentially discharge more types of debt than they could in a Chapter 7 filing. Chapter 13 bankruptcy can help people discharge debts related to intentional injury to property, debts that someone took on to pay for taxes they owed and debts related to divorce or legal separation in addition to the standard unsecured debts people discharge in a Chapter 7 bankruptcy, like credit card balances and medical debt.
The one limitation that does apply to a Chapter 13 filing is a limit on the total debt that someone can discharge. As of the last adjustment made in 2022, the maximum amount of debt that someone can resolve in a Chapter 13 filing will be $2,750,000. Chapter 13 bankruptcy can often be the best option for those with a decent income and with assets that could potentially be at risk of liquidation if they were to file a Chapter 7 bankruptcy.
Seek Guidance From A Bankruptcy Lawyer
People of all income levels can qualify for this opportunity, even those who earn far more than the average household of the same size. Seeking legal guidance can help an aspiring filer to better assess whether this opportunity may be a good fit for their circumstances.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=513112023-09-01T21:00:31Z2023-08-31T14:33:47Z
Most people know that crashes are a major safety risk, but they likely believe that one will never happen to them. Not only do people tend to overestimate their own driving skills, they may also underestimate how their personal habits affect their safety on the road.
Personal behavior can have a direct influence on someone's chances of getting hurt in a collision. Seemingly minor choices that people make in traffic on a daily basis can have a profound influence on their overall likelihood of getting into a crash. The following three examples are perhaps the most common contributors to accidents nationwide.
Driving too fast
Speeding is perhaps the single most ubiquitous traffic offense. Those on a deadline or running late in particular often resent the idea that the state controls how quickly they can reach their destination. People tend to drive at least slightly over the speed limit in many scenarios, a choice that increases their likelihood of getting into a crash and the possibility that the state will declare them the party to blame for the wreck.
Getting too close to other vehicles
Maintaining enough space between the front of one's vehicle and the rear of another vehicle is crucial to crash prevention. People need adequate space to stop if they don't want to end up declared responsible for a collision. Wet pavement and higher speeds, as well as larger and heavier vehicles, all necessitate maintaining larger stopping distances. Like speed, maintaining an appropriate driving distance is frequently a factor that directly leads to someone causing a crash.
A failure to maintain focus
Particularly if someone has a very long commute or drives throughout the day as part of their job, they may multitask at the wheel or distract themselves to avoid fatigue. Unfortunately, those practices can be very dangerous. Any activity that forces someone to take their hands off the wheel, makes them look away from the road or takes over their mental focus is a distraction that could very likely result in them causing a crash. Drivers need to be aware of their surroundings and compliant with traffic laws if they hope to effectively minimize the possibility of a wreck.
Understanding how small habits can increase the possibility of a crash – and accident-related liability – may help motorists in Kentucky make smarter choices about how they drive.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=512892023-08-03T19:42:33Z2023-07-07T14:59:48Z
A Chapter 13 bankruptcy filing is one of the most effective solutions for personal debt. Those who earn average or above-average income, a house at risk of foreclosure and/or personal resources that would be at risk of liquidation in a Chapter 7 filing may choose Chapter 13 bankruptcy as a way to resolve their insurmountable personal debts.
Chapter 13 bankruptcy requires multiple years of sustained efforts by a filer. However, when it is successful, a Chapter 13 bankruptcy may do less damage to someone's credit report, and the discharge will come off of one’s credit report faster than it would after a Chapter 7 filing.
The process takes at least three years
The reason that Chapter 13 bankruptcy is a longer process than a Chapter 7 filing is because of the required repayment plan. Before the courts discharge someone's remaining eligible debts, the filer will have to make a series of structured payments to their creditors. Typically, that means committing almost all of their disposable income every month toward their financial obligations. They make one payment to the trustee overseeing their repayment plan, and the trustee then distributes those funds amongst the creditors in accordance with the agreement negotiated at the creditor meeting.
The minimum duration of a Chapter 13 repayment plan is usually three years, although it could last up to five years in special cases. If someone experiences a significant change in their financial circumstances during the Chapter 13 repayment plan, they may have to go back to court and renegotiate the plan so that they don't end up non-compliant and at risk of the courts dismissing their filing without discharging their debts.
Provided that someone is able to follow the repayment plan for three years (or longer, as required by the courts), a Chapter 13 bankruptcy can be an excellent way of restructuring one’s debts and eliminating eligible balances. Understanding the differences that set Chapter 13 bankruptcy apart from Chapter 7 proceedings may help those struggling financially make a more informed choice about the form of relief that is most likely to do them the most good.]]>On Behalf of Robinson Salyers, PLLChttps://www.robinsonsalyers.com/?p=512882023-08-03T19:43:56Z2023-06-21T13:29:16Z
There are several different forms or chapters of individual bankruptcy, and each offers different benefits for a filer. Most individuals considering personal bankruptcy will choose between Chapter 13 and Chapter 7 proceedings. The kinds of debts someone has and also their income and assets may influence what form of bankruptcy they file.
However, it is often whether or not they qualify for Chapter 7 bankruptcy that decides what type of bankruptcy they pursue. In a Chapter 7 filing, people sometimes have to liquidate some of their non-exempt assets but will not have a repayment requirement before they are eligible for discharge. Most of the people who qualify for Chapter 7 bankruptcy will be able to exempt most or all of their assets from liquidation. If their filing is successful, it may only take a few months to secure a discharge of their eligible unsecured debts. To qualify for Chapter 7 bankruptcy, an individual must first pass a means test.
What does means testing involve?
Essentially, someone needs to compare their income with the median reported income of others with the same household size in their state. Therefore, the income amounts permissible after adjusting one's income for certain expenses changes constantly. For those filing after May 15, 2023, in Kentucky, the maximum household income for a single individual is $55,971.
There are new financial limits announced multiple times each year as median income levels continue to change across the country. People hoping to file will need to ensure they have up-to-date means testing income limits and that they have properly adjusted their gross income.
What if someone isn't sure if they pass?
Some individuals experiencing financial hardship are right on the cusp of qualifying for Chapter 7 proceedings based on their income levels and household size. Those who are very close to the means testing limit may benefit from having a discussion with an attorney familiar with Kentucky bankruptcy rules. There may be additional adjustments that could push their income down below the threshold currently recognized by the courts.
Understanding the rules that govern Chapter 7 bankruptcy in Kentucky may help those hoping to regain control over their finances to make an informed choice about which bankruptcy option is best suited to their circumstances.]]>