Working on a farm is one of the most dangerous occupations. Yet, there are few jobs that play as pivotal of a role in society as people who work to produce the food, crops, and exports our country relies on. If you or a loved one has been injured in a farm accident, you could be entitled to compensation.
The farm accident attorneys at Rosenfeld Injury Lawyers have helped farm accident victims recover compensation after a serious injury. Our law firm has recovered millions for our clients. Read on to learn more about your legal options, the statute of limitations, and how to build a case.
Common Causes of Farming Accidents
Farming is inherently dangerous. Farm workers are exposed to many potential hazards that could easily cause a work-related injury.
Defective Farm Equipment
Defective farm equipment can cause farm injuries to agricultural workers who rely on farm equipment and tools to get tasks done. Tractors, grain augers, hay balers, front-end loaders, and skid steer loaders make farm work much less taxing on workers and improve efficiency.
However, defective farm equipment can cause serious injuries ranging from amputations to death.
Slip and Fall Accidents
Just like in any other commercial space, farm workers can be injured in a slip and fall accident. A slip and fall injury attorney from our team can help explore the best course of action in a slip and fall accident, whether to file a workers’ compensation claim against your employer for the dangerous conditions or to file a personal injury claim.
Chemical Exposure
Farm workers are often subjected to high levels of pesticide exposure in many forms. The Roundup lawsuit has caught national attention due to the high number of users who developed cancer as a result of their exposure.
Pesticide exposure can cause a range of injuries, from burns to death. Our chemical exposure lawyers can help you to file a lawsuit to recover compensation.
Your Legal Options Following a Farm Accident Injury
Due to the unique circumstances of a farming accident, farm accident victims and their families may have different legal options available to them to recover maximum compensation. A farm accident lawyer from our team can help you decide which one is best for your situation.
Personal Injury Claim
If someone else’s negligence or actions caused your injury, you could work with personal injury attorneys to file a personal injury lawsuit against the party responsible. In the case of a farm accident, your farm accident lawyers may recommend filing your claim against the farm owner, farm equipment manufacturer, or independent contractors who are at fault.
Third-Party Claim
A third-party claim is filed against the insurance company of someone else. For instance, this could be filing a claim with the insurance companies the farm owner uses for business liability and auto insurance.
Workers’ Compensation Claim
If you’re an employee who has been involved in a farm accident, you will likely be eligible for workers’ compensation benefits from your employer. Your workers’ compensation lawyers can help you build a strong claim for workers’ compensation insurance.
Wrongful Death Claim
Unfortunately, many farm workers die from farm accidents each year. Our wrongful death attorneys can help families file a claim on behalf of the deceased. The types of damages that can be recovered include funeral and burial expenses, loss of consortium, and financial damages.
Compensation an Experienced Farm Accident Lawyer Can Help You Recover
An experienced farm accident lawyer can help you to recover the compensation you deserve after a farm injury. While there isn’t a go-to amount you can expect to receive, personal injury attorneys are generally able to recover these types of expenses in a personal injury lawsuit:
- Medical expenses
- Lost wages
- Rehabilitation cost
- Pain and suffering
- Disfigurement
- Scarring
- Permanent disability
- Lost income potential
- Wrongful death benefits
The Most Common Injuries Sustained by Farm Workers
While farming is inherently dangerous, farm owners have a responsibility to do everything within their power to keep farm workers safe. Unfortunately, farm accidents are incredibly common and can lead to a wide range of injuries, including:
- Amputations – The arms and legs of agricultural workers can get caught in farm equipment, especially if proper safety equipment or protocols are not in place;
- Broken bones – Broken bones are incredibly common farm accident injuries. Broken bone injury attorneys can ensure you receive fair compensation;
- Heat injuries – Farm workers spend a significant amount of time outside and in the sun. Without the ability to access water and take appropriate breaks, some farm workers may suffer heat injuries such as heat stroke;
- Paralysis – Paralysis can occur after tractor rollovers or falls. Life after paralysis requires extensive medical treatment and skilled nursing assistance. Paralysis attorneys can work to account for all future expenses you’ll have related to your accident;
- Traumatic brain injuries – Traumatic brain injuries are life-altering and difficult to overcome. TBI lawyers have expertise in recovering compensation in these cases;
- Tractor accidents – Tractor rollovers in vehicles without rollover protective structures are a leading cause of death of agricultural workers;
- Burns – Farm workers can be burnt by farm equipment, controlled fires, and chemicals;
- Chemical exposure – Chemical exposure can burn, injure, and disfigure agricultural workers
- Cancer – Exposure to certain chemicals such as glyphosate and asbestos is related to the development of some cancers;
- Respiratory disease – Exposure to animal feces and poor farm conditions can cause the development of respiratory diseases such as Histoplasmosis;
- Infections – Animal bites can lead to serious infection;
- Suffocation – Farm workers can easily be suffocated when unloading a silo or grain bin.
What to Do After a Farming Accident
The initial hours and days after workplace accidents can be disorienting. However, the steps you take could make a difference in a potential legal case. Here are some general steps injured farm workers should take:
- Seek medical attention – Even if you aren’t sure that you have been injured, it is important you seek immediate medical attention. Many injuries are not obvious at the accident scene and can only be diagnosed by a trained doctor. Should you need to file a personal injury claim, your medical records will serve as important evidence of your farm accident injuries in court;
- Report the injury – You will need to also report your injuries right away. Depending on the nature of your farm injuries and your role on the farm, farm accident victims may need to report injuries to different people. This can include your employer, your client (if you’re an independent contractor), and any applicable insurance companies. If you aren’t sure of who to report your accident injuries to, a farm accident attorney can help;
- Collect and preserve evidence – Injured workers should try to collect and preserve evidence of their accidents and injuries so this evidence can be used in any farm accident injury claims. This can be as simple as requesting printed copies of medical records and taking dated photos of their injuries with a smartphone;
- Seek help from an experienced farm accident lawyer – Schedule a consultation with a farm accident lawyer to learn more about your legal rights to seek compensation after your injury. Depending on the nature and circumstances surrounding your farm accident, you could be entitled to workers’ compensation benefits and/or eligible to file a personal injury lawsuit.
Farm Accident Injury Claims Have a Deadline
The statute of limitations is the amount of time that you have to file a personal injury claim. It varies by state but is generally between one and four years. If you try to file a personal injury claim after this period of time passes, you won’t be able to move forward.
It’s best to start with a free consultation with a farm accident attorney for legal representation after you are injured to ensure your legal rights remain protected. Your attorney can give you a clear answer on how the statute of limitations will apply in your case.
Many farm workers are minors who have not yet reached the age of majority. A family member could file a civil lawsuit on their behalf or it may be possible to toll the case until the victim turns 18 and can file their own claim. Farm accident attorneys can listen to your specific case situation and make appropriate recommendations on how to move forward.
Farm Accident Stats
The farming industry is especially dangerous when compared to other lines of work. Consider that:
- The agricultural sector is the most dangerous in the United States. 23.1 farm workers died per 100,000 workers (versus 3.6 deaths per 100,000 for other industries) [2];
- One-third of emergency room visits involving farm accidents were young people under the age of 18;
- Transportation incidents, such as tractor rollovers, were the leading cause of fatal farm accidents in 2021 [2].
Contact a Farm Accident Injury Attorney Today!
Our personal injury attorneys work on a contingency fee basis. This means you don’t have to pay anything upfront or out of your pocket for our services to help you receive the maximum compensation for your farm accident injury.
Schedule a free consultation with a farm accident injury attorney at Rosenfeld Injury Lawyers by filling out our contact form or calling toll-free at (888) 424-5757. Someone from our law firm is available 24/7 to answer your call. We have helped other clients recover fair compensation after a serious injury and are well-prepared to help you.
Resources: [1] National Institute of Food and Agriculture, [2] NIOSH