Wednesday, December 15, 2010

Is your employer stealing your wages?

We ran a story about this back in August, but since then we have received additional reports of corporate wrong-doing. With the economy in recession, businesses are struggling to survive. Uunfortunately, some companies are boosting their profits illegally by ripping off their workers.

EXAMPLE: One chain of retail stores has been forcing its hourly workers to “clock out” for lunch, but then forces them to work through their lunch hour! So each worker has that hour’s work stolen from them, each and every day. That kind of money adds up!

This practice is highly illegal and wrong! Several workers from this company told us about this unfair scam, and so now we are pursuing a lawsuit against the company, to try and get all of those workers’ wages back.

There are many other forms of “wage theft” going on out there today. We urge you fight back, if this abuse is happening to you. If you or someone you know is having their wages stolen—by this method, or through some other scam--Give us a call!

We’ll talk to you for free, and tell you honestly if we think you have a case. And as always with the Frank Jenkins Law Office, if you choose to hire us, you will owe us nothing until we win or settle your case.

Monday, November 15, 2010

Problems from a Hip Replacement?

Many people who have had hip replacement surgery were told that the procedure would last them a good 10 to 15 years. Unfortunately, for some people that has not turned out to be true.

Hip replacement parts are “medical devices”, and they are manufactured by various companies. Recently, numerous reports indicate that some hip replacement products are defective and are causing people severe and often permanent problems, after their surgery.

If you have had a hip replacement surgery, and you have had severe problems from it, including severe pain; breakage; or repeat surgery to remove defective or broken parts, then you may have a claim against the manufacturer.
CHECK and SEE if your hip replacement surgery involved parts made by any of the following manufacturers:

· Zimmer Durom Cup hip implant

· Johnson & Johnson DePuy ASR hip replacement

· Biomet hip replacement

· Stryker hip replacement

If any of these companies provided your hip replacement parts, you may have a
claim for money damages.

But you need to CALL US, and find out. We will talk to you about your case for
FREE. Then, as always, you will not owe us any fee whatsoever, until we win or settle your case. Call today. In Lexington: (859) 389-9344 or from anywhere in Kentucky: 1-800- 227-9732 (We are accepting these cases from anywhere in Kentucky.)

Monday, October 4, 2010

FREE book about KY Workers Compensation!

I've written a new book to help people who have been injured on the job. My goal is help people navigate the "dangerous waters" of the Kentucky Workers Compensation system. You can request your copy for FREE through my website at

Getting hurt on the job is a terrible experience, and when you combine that with the possibility of losing your job, it can get really scary, really fast. That's why I wrote 8 Mistakes that can Destroy your Workers Compensation Claim, and how to avoid making them.

Don't be taken advantage of by the workers comp insurance company. Keep in mind that they are NOT on your side, they are on the company's side!

My book is packed with tips and information that can help you when you've been hurt on the job. Then after reading the book, if you have questions about your case, fee free to call us. We'll talk to you for free about your case, with no arm-twisting or pressure. In the Lexington area, call 859-389-9344. Or Toll Free from anywhere in Kentucky to 1-800 WORKERS (967-5377)

We look forward to hearing from you.

Wednesday, September 22, 2010

The Worst Insurance Company in America

A report listing the 10 worst insurance companies was recently compiled, based upon claim denials, premium increases, and refusing coverage to those who need it most. And guess who made the top of the list?

Allstate. That's right, The good hands people! Were found to be the very worst when it comes to putting profits over policyholders.

At a time when the economy is in a shambles, and unemployment still hovers around 10%, insurance industry profits are skyrocketing!

And one of the main ways the insurance industry makes $30 Billion in yearly profits is by denying, delaying, and unfairly defending against legitimate claims. Claims for injury made by people just like you and me.

Allstate is the worst, but they're not the only bad apple. If you would like the list of the 10 Worst Insurance Companies in America, just shoot me an email and I'll send it to you. Email me at

Tuesday, September 14, 2010

Allstate is the Worst of the Worst

Allstate’s advertising slogan is “You’re in good hands with Allstate.” However, in 1999 the company was exposed for trying to persuade injured people to take less than full recovery for their claims – and those same insurance practices continue to this day.

More than 10 years ago, several states took action against Allstate, alleging deceptive insurance practices, and two class action lawsuits were filed by consumers. Despite those legal cases, Allstate is still engaging in similar practices.

Allstate’s procedures are aimed at holding down the company’s costs in claims payouts. Allstate seeks out injured claimants who have not hired an attorney, and tries to settle claims with them directly in order to produce a lower settlement.

In 1999, the procedure was performed in a number of steps, including:

• Making the injured person believe they were dealing with an advocate, not an adversary;

• Sending letters to anyone not represented by counsel;

• Sending a brochure titled “Do I Need an Attorney?” to claimants who had not retained counsel;

• Rewarding claims representatives based on the percentage of unrepresented claims they processed.

Two primary concerns were raised about Allstate’s policy. First, Allstate failed to disclose the true nature of the relationship between itself and the driver. Allstate referred to the injured driver as its “client,” but that is not true. The injured driver was actually Allstate’s adversary in the claim; the party who had injured the driver was Allstate’s client.

Second, Allstate was talking to injured motorists about whether an attorney was needed for their claim. They were also advising accident victims about the statute of limitations deadline for their claims. Giving that type of advice is usually considered an unauthorized practice of law.

After over a decade, Allstate still follows many practices aimed at tricking claimants without attorneys into a settlement that s lower than they deserve.

If you have been injured by a driver who is insured by Allstate, you may need the advice of an attorney. If you have legal questions, contact the Frank Jenkins Law Office today. It’s our job to fight for your rights so that you can concentrate on your health and family, while we deal with the insurers and those responsible for your injuries. Call us today at 1-800-CAR-WRECK or contact us via email.

Tuesday, September 7, 2010

Another Win for Kentucky Workers!

I believe that when a lawyer takes a case, he should be willing to take it all the way. Sometimes that means all the way to the Kentucky Supreme Court.

We were hired by a nice lady who was injured at the American Greetings factory. She tried to get lost wage and medical benefits, but American Greetings and their workers compensation insurance carrier refused to pay her one dime. They claimed that the injury did not "arise out of her employment".

We argued that the insurance company should be ordered to pay what they owe. Unfortunately, the original judge on the case sided with the insurance company, and dismissed our lady's case. We thought that was totally wrong, so we appealed to the Kentucky Workers Compensation Board, and we won.

But the insurance company still refused to pay! Their lawyer appealed to the Kentucky Court of Appeals, so we had to keep on fighting, and we won. But the insurance company lawyer appealed again! This time to the Kentucky Supreme Court.

We kept on fighting for our client, and we won.

If you read the opinion, it will show you just how hard insurance companies are willing to fight in order to NOT PAY BENEFITS to injured workers. Get on the internet and check out:

At the Frank Jenkins Law Office, we take pride in how hard we fight for our clients. If you hire us to handle a workers comp case, or any other type of injury case, we will fight for you as hard as we can!

Wednesday, August 25, 2010

Are your wages being stolen?

We all know the economy is in bad shape. People and businesses are struggling. But unfortunately, some companies are trying to raise profits by short-changing their workers.

EXAMPLE: One chain of retail stores in Kentucky has been forcing its hourly workers to “clock out” for lunch, but then continue working through their lunch hour! Each worker therefore has an hour’s work stolen from them, every day. That kind of money adds up!

This practice is highly illegal and WRONG! Several workers from the company described above contacted us and told us what was happening. So now we are filing a lawsuit against the company, and fighting to get back the workers’ wages that were stolen.

Unfortunately, this type of “wage theft” has become common among companies today. And there are many other, different ways, in which employers can rip off their workers. This is just one example of what has been happening. You may see this type of situation described as wages and hours cases.

If this type of wage theft is happening to you, I urge you to FIGHT BACK! If you or someone you know is having their wages stolen (Whether by the "lunch hour" method, or through some other scam) Give us a call!

We’ll talk to you about your situation for free, with no obligation. We will tell you honestly if we think you have a case. And as always with the Frank Jenkins Law Office, if you choose to hire us, you will owe us nothing until we win or settle your case.

So give us a call ASAP, and let us help you hold onto your hard-earned wages!

Friday, August 13, 2010

3rd Readers' Choice Award in a Row

I'm happy to report that the Frank Jenkins Law Office has won the "Favorite Attorney" award in the 2010 Readers' Choice Awards through, the website for the Lexington Herald-Leader.

This award is won by whomever gets the most votes from readers, either mailed in or through the website. People from all over Lexington and Central and Eastern Kentucky vote on this award, so I am very proud to win it, now for the THIRD year in a row!

We try very hard to provide the best in client service, and I believe winning this award shows that we succeed in taking good care of our clients.

I you've been injured in a car wreck or at work or in any other way, please don't hesitate to give us a call to talk about your injury case. Call toll-free at 1-800 CAR WRECK; local at 859-389-9344; or visit our website at

Thursday, April 15, 2010

Injured by Toyota?

By now I’m sure you have heard about the problems people have had with certain Toyota vehicles accelerating uncontrollably. Toyota recently issued a recall of thousands of their vehicles relating to this dangerous problem. (Including some Lexus models, which Toyota also makes)

There was a case in California where a family of four was killed when a Lexus they were riding in began accelerating uncontrollably. The car roared to speeds up to 120 mph on a busy highway. The father driving was an off-duty California Highway Patrolman. He tried the brakes but they didn’t work. He called 911 on his cell phone and frantically told them what was happening, but of course there was nothing they could do. One minute later, the car flew over an embankment, rolled several times, and burned. The entire family of four was killed.

Numerous examples of this type of terrifying incident have happened across America. We believe that design or manufacturing defects are causing this and other incidents, and that innocent people are being killed or severely injured as a result.

If you or someone you know has experienced this type of incident with a Toyota (or Lexus) vehicle, and you or someone else has been severely injured or killed as a result, you may be able to make a claim against Toyota for money damages for your losses.

Call us as 1-800 CAR WRECK or visit our website at and fill out the contact form and we will get back with you ASAP to talk about your case. Please act quickly, because as always, there will be deadlines for filing a claim.

Let us hear from you!

Wednesday, April 7, 2010

Should you "go to court" on your KY injury claim?

When you’ve been injured due to someone else’s carelessness, you already have a lot on your mind: How to pay for medical bills? Who will pay my bills while I can’t work? Who’s going to drive the kids to practice? Or daycare?

Then another question arises, later in the process: Should you settle your injury case, or Go to court?

There is no easy answer to this one.

Once you’re finished with medical treatment, your attorney should promptly put together a settlement package to send to the insurance company. If this “takes forever”, then that’s a bad sign about your lawyer.

Later, when the insurance company makes a settlement offer, discuss it at length with your attorney. Ask questions. It usually takes several rounds of back-and-forth before a reasonable offer is obtained.

Okay, then what? If you’re not satisfied, what do you do? Your attorney should explain all the potential outcomes. Is the insurance company’s offer reasonable? Should you accept the offer, or file a lawsuit? If you feel like you are being reasonable, but your attorney is “strong-arming” you, then that is another bad sign about your attorney. (Of course, the key is for you as the client to be reasonable and realistic. Insurance companies never pay what you think your injury deserves.)

Ask your lawyer if she thinks the offer is reasonable. If the lawyer says it’s too low, then you should file suit. But keep in mind: There are no guarantees! You could lose your case at trial and end up with nothing. Also, pursuing a lawsuit is expensive. Your lawyer will probably pay your expenses along the way, but when the case settles or wins at trial, you will have to repay the expenses, on top of your attorney fee.

Different insurance companies do things differently. Some will pay fair settlements without you having to go to court, but some won’t. Nowadays, it’s common to have to file a lawsuit to in order to get fair value on an injury claim. Talk this over with your lawyer early on! Ask them if they are willing to go to court if necessary. Then when the time comes, hold them to it!

Tuesday, March 30, 2010

Great News for Kentucky Workers!

The Kentucky worker's compensation law sets out the benefits you get when injured on the job. It basically pays for lost wages and medical treatment made necessary by your work-related injury.

There is a formula in the law that determines how much money you get per week for a permanent "partial" disability. The most important part of the formula is the "impairment rating". The impairment rating is determined by doctors, using a big book put out by the AMA (American Medical Association) called the Guides to the Evaluation of Permanent Impairment.

The Kentucky system has been using the 5th Edition of the AMA Guides for years. Recently the AMA came out with a 6th Edition, but the lawyers who represent injured workers smelled a rat. It turned out that the new edition would have slashed percentage ratings on many common work injuries! This means that money benefits for injured workers would be slashed!

So a group of concerned people worked hard and convinced the KY Legislature to pass a bill keeping the 5th Edition permanently. This bill should become law very soon. It maintains current benefit levels, and keeps injured workers from financially sinking even farther in their time of need.

Worker's Comp benefits are "stingy" enough as it is. So it's great news that the 5th Edition AMA Guides have been made permanent!

Monday, March 8, 2010

8 Arguments Adjustors use to Damage your KY Car Wreck Case

Auto insurance companies use all types of arguments and tactics to avoid paying claims. The following list contains arguments commonly used by insurance adjustors who want to pay you little or nothing for your injuries and other damages.

The insurance company may try to argue that:

1. Your vehicle was the cause of the wreck, due to bald tires, faulty brakes, or tail lights not working.

2. You had “warning of the danger” within enough time to have avoided the accident if only you had been paying attention.

3. You could have avoided the accident if you had not been going “too fast for conditions”.

4. You made an unnecessary and unexpected stop.

5. You made a sudden and unsafe lane change without warning.

6. You gave no “stop” or “turn” signal.

7. There are supposedly no “independent witnesses” who can be found to substantiate your version of what happened.

8. There are supposedly witnesses the insurance company knows about, who dispute your version of the facts or substantiate the wrongdoer’s version.


The Insurance Adjustor considers it their job to seek out and find as many defenses and arguments as possible against you in your case. The Adjustor will question you carefully. It all starts when the Adjustor “Just wants to take your statement”. Do NOT give the insurance company a statement until AFTER you talk to an attorney.

Friday, March 5, 2010

Do you have to give a "recorded statement" to the insurance company after a car wreck?

When you’ve been injured in a car wreck that wasn’t your fault, you’ve got a lot of things on your mind, most of them unpleasant. Such as dealing with your pain, the hassle of missing work, the need for medical treatment. What happens to my damaged vehicle? Who’ll take my kids to school while I’m in the hospital?

It can be overwhelming. So the last thing you need to worry about is being grilled by an insurance adjustor. Unfortunately, it happens a lot. The more severe the wreck, the more urgently the insurance company wants to get a recorded statement. And here’s the kicker: The at-fault adjustor is not a neutral party. The adjustor is actively trying to trip you up, so that their insurance company will not have to pay!

Many times, an adjustor will imply or tell you outright that you must give a recorded statement. They’ll say that in order to “set up their file”, you’re required to talk to them. If you refuse, they threaten that you won’t be able to make a claim later!

This is not true! You are not required to talk to the insurance company for the driver who caused your wreck. Furthermore, it is a bad idea to do so, at least before you’ve talked with an attorney experienced at handling auto injury cases.

Remember, the insurance company for the driver who caused your injuries does not want to pay you anything. They are not in your corner.

Wednesday, March 3, 2010

5 Phases of a Workers Compensation Case

A serious injury on the job can throw your whole life into confusion. So the last thing you need is uncertainty from your lawyer. This post lays out the phases of a typical case, and what happens at each phase. Although each individual case will have its own twists and turns, but they all have similarities, too.

Phase 1: Investigation

You meet with an attorney and find out if you have a case. You decide to hire the attorney to represent you on the claim. You sign a contract and provide needed information to the attorney’s office. The attorney’s office opens your file and you typically have a case manager assigned to work on your case along with your attorney.

Phase 2: Treatment

For approximately 30 days, the attorney will gather additional information, such as medical records and any claim information from the State Department of Workers Claims or Industrial Commission (depending on which State you are in) and also from the workers compensation insurance company for your employer. Once the requested information is received, the attorney will contact you to check your status. The attorney’s office should call you at least monthly for an update on your medical treatment and status. During this time, you will be treating with your medical doctor and following his advice on recommended treatment to help you recover. When you reach Maximum Medical Improvement (“MMI” or, “as good as you’re going to get”), your doctor will release you and your attorney can begin on the next phase of your case.

Phase 3: Released

Once your doctor has released you from care, any income benefits you may be receiving from the workers compensation insurance company will stop. Your attorney’s staff will begin working to obtain an Impairment Rating from your doctor, or an independent medical evaluator, so that your attorney can begin settlement negotiations for you with the insurance company.

Phase 4: Settlement Negotiation

Your attorney will begin negotiating with the insurance company (or their attorney) for a settlement that is fair and reasonable under your State’s Workers Compensation Law guidelines.

Phase 5: Litigation

If your attorney cannot reach a satisfactory settlement with the insurance company, then he attorney will file a formal claim with your State Department of Workers Claims and your case will be assigned to a Judge for a decision.

Call the Frank Jenkins Law Office if you have questions, at 1-800 WORKERS or visit our website at

Wednesday, February 24, 2010

How are Auto Insurance Rates Set in Kentucky?

Insurance companies evaluate each applicant individually, and they use a variety of factors. When buying auto insurance in Kentucky, remember that insurance companies need your business just as much as you need their promise of protection.

The process by which insurance companies consider applications is called underwriting. Each company follows different guidelines for underwriting, and therefore you will get different premium quotes from different companies. The most common factors used are:

Driving Record

This is the most important thing to the insurance company. “Safe drivers” are rewarded with the lowest insurance rates.

Where You Live

The area in which you live can influence your auto insurance premium. Insurance companies analyze categories of data including (but not limited to):

• Population density

• Number of vehicles on roadways at any given time

• Road conditions and maintenance

• Auto accident statistics

• Auto repair and replacement costs

• Medical care costs

Generally speaking, people living in cities pay higher premiums than those in rural areas.

Automobile Type

If you purchase a brand new luxury sedan, or a super-fast sports car, you will pay a higher rate for auto insurance than if you were to buy that dependable used sub-compact car. The evaluation of this factor is usually based on the following:
· Style & type of vehicle (Sedan, SUV, station wagon, sports car, etc)
• Actual Cash Value (ACV)
• Cost of repairs, replacement and maintenance
• Likelihood of theft
Use Of Automobile
The more you drive, the more you pay. If you commute twenty miles to work everyday, your premium will be higher than if you only drive to the grocery store once a week. It makes sense: The daily use of your automobile increases your chances of being in a wreck, which increases your risk to the company, therefore increasing your premium.
As you are prepare to buy auto insurance, sit down and think about the factors just described and apply each one to your current situation. Remember: The better you look to the insurance company, the better your auto insurance policy will look to you!

Thursday, February 18, 2010

7 Mistakes Car Wreck Victims Make in Kentucky

This is like Letterman’s Top Ten List, but it’s no laughing matter. Once a crash happens, there are things you need to do, and things you need to avoid doing, that are important:
1. Failing to take action at the crash scene to preserve your rights will hurt your case. Make sure the police know your side of the story, and that your account gets documented in the accident report. Check to make sure others are okay, but do not discuss fault for the wreck with anyone other than the police;
2. Failing to document all of your injuries, medical treatment, and symptoms will hurt your case. Write down everything you remember about the crash as soon as you get home. Remember, you can only be compensated for what you can prove;
3. Failing to get medical treatment for your injuries. Many people have symptoms soon after a wreck, but they hold off getting medical treatment in the hope that the pain will go away. Do not make this mistake! Get treatment for your injuries promptly and do what your doctor tells you to do;
4. Talking to an insurance adjustor before talking to an attorney is not smart. Do not give a recorded statement and do not sign anything until you seek legal advice;
5. Failing to hire a qualified and experienced lawyer. Lots of people fail to hire an attorney because they don’t want to pay the fee. But if you don’t have a lawyer, you won’t know if you’re getting a fair shake from the insurance company. Hire a lawyer who concentrates in injury law;
6. Not being fully honest with your lawyer. When a client fails to tell their lawyer about ALL past injuries they’ve had, it hurts their case. You MUST tell your lawyer everything, and do it EARLY on;
7. Exaggerating your injuries will BADLY hurt your case. In an injury case, as in life, the best practice is to be totally honest. The fastest way to ruin your case is to over-blow your injuries, so that doctors end up not believing anything you say.

If you are involved in a car wreck, and especially if you get injured, you need to avoid making the mistakes listed above. I hope this information helps, and I wish you safe driving!

If you have been injured in a car wreck, call the Frank Jenkins Law Office to get your questions answered. Call toll-free: 1-800 CAR WRECK (227-97325) or visit our website at
You can also get my information-packed books FREE:
"7 Mistakes Car Wreck Victims Make in Kentucky, and How to Avoid Making Them"
and my NEW book: "The Ultimate Guide to Buying Auto Insurance in Kentucky"
Just call or visit our website, request one or both books, and we'll send them to you FREE!