Farming provides us with essential resources and sustenance. However, the agricultural industry is not without its risks. Farming can be a physically demanding and hazardous occupation, and accidents on farms are unfortunately common.
Agricultural accidents can lead to serious injuries, long-term health issues, and even fatalities, affecting the lives of both farm workers and their families.
Farm accident compensation claims serve as a vital safety net for those who have suffered injuries or losses while working in agriculture. They are designed to provide financial support and ensure that individuals receive fair compensation when accidents occur on farms.
If you have been injured in a farm accident due to negligence, you could be eligible to claim compensation. Contact Beacon Law today to speak to one of our specialist workplace compensation claims solicitors for a free, no obligation, initial consultation.
Your employers’ responsibilities
Health and safety at work is extremely important. Under The Health and Safety at Work Act 1974, any employer has a duty of care towards you and is obligated by law to provide safe working conditions and a healthy environment in which you can work.
Your employer must always provide appropriate training and the correct equipment to help you perform your duties safely. Your employer is also under a duty to properly maintain the work environment and the equipment you use to ensure that it remains safe at all times.
Any employer must do all they can in order to prevent accidents at work from occurring. If you have been injured at work as a result of your employer’s negligence, you may have grounds to make a workplace injury claim.
Common accidents that lead to farm accident compensation claims
Farm accidents can result from a wide range of activities and situations. These accidents can cause injuries, disabilities, or even fatalities, making it crucial for individuals involved in agriculture to be aware of the potential risks. Outlined below are some common farm accidents that may lead to farm accident compensation claims:
Tractor Accidents:
Tractor-related accidents are one of the leading causes of farm injuries. These accidents can occur during operations like overturns, collisions, or being run over by a tractor.
Falls:
Slips, trips, and falls from height, slippery surfaces, or from uneven terrain can result in severe injuries.
Machinery and Equipment Accidents:
Injuries can occur when working with or near farm machinery and equipment, such as combines, harvesters, and power tools.
Chemical Exposures:
Accidents involving the mishandling or improper storage of agricultural chemicals, pesticides, and fertilizers can lead to toxic exposures and health issues.
Electrical Accidents:
Working with electrical equipment on farms can result in electrical shocks and burns. Defective equipment and inadequate safety measures can contribute to these accidents.
Falling Objects:
Falling objects, such as heavy tools, equipment, or materials, can cause serious head injuries when they strike farm workers.
Respiratory Issues:
Prolonged exposure to dust, mould, and other airborne contaminants on the farm can lead to respiratory problems and farmers lung.
If you have suffered injuries due to a farm accident as a result of negligence, you could be eligible to make a farm accident compensation claim.
It is essential to note that the specific circumstances surrounding each case will determine the viability of a farm accident compensation claim.
Legal professionals experienced in personal injury law can help individuals assess their situations and navigate the legal process to seek compensation for their injuries.
What is the farm accident compensation claims process?
Before making a claim. it is vital that you seek medical attention for your injuries. After this, you may wish to contact us to make a claim.
During your initial consultation, our personal injury solicitors will provide you with legal advice about farm accident claims.
Our personal injury lawyers will then ask you for details about your accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful.
Our lawyers may request information about the accident, including the location, date, and details of what happened. They may also ask about the injuries sustained, any witnesses present, details about the defendant, and the circumstances surrounding the accident.
During these initial stages of your claim for compensation, it is vital that you gather the relevant evidence to support your claim. Relevant evidence may include CCTV footage of the incident, medical records, photographs of your injuries, and witness statements.
Your injury lawyer may request an independent medical exam to get reports on your injuries. These medical reports will provide vital medical evidence of the nature and extent of your injuries. If you’ve already received medical care before filing a personal injury claim, you may still need a more thorough medical assessment. This is necessary to obtain detailed and reliable medical reports.
If we think that your farm accident compensation claim would be likely to succeed, we will offer to proceed with your claim on a no win no fee basis. If your claim is unsuccessful, you will not be required to pay any legal fees.
The defendant will be notified about your claim, after which point, they will need to decide whether they accept liability for your injuries. If the defendant accepts liability, negotiations for a settlement fee can commence. If the defendant denies their liability, court proceedings may follow.
What are the time limits for farm accident compensation claims?
Before starting your claim for compensation, it is important to note that there are strict time limits on personal injury claims. The injured party will have 3 years from the date of the accident to commence proceedings for claiming compensation.
It must be noted, however, that there are some exceptions to this rule:
For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21st birthday to make their farm accident compensation claim.
In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.
Another exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their compensation claim.
How much compensation could I receive?
The amount of compensation awarded will aim to put the claimant in the position they were in before the accident took place. The amount of compensation awarded will depend on the type of injuries suffered, as well as the severity of these injuries.
General damages that could be awarded will also depend on the impact that the farm accident has had on the claimant’s daily life, whether any long term care is needed, and whether any structural adaptations need to be made to the claimant’s home in order to assist their new way of living.
Special damages will also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their original injury.
This could include farm accident compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been left unable to work, the cost of medical treatment, travel costs, and the cost of ongoing care if this is needed.
Our team may be able to obtain interim payments for claimants in certain circumstances.
We advise that you keep evidence of all financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any loss of earnings.
It may be difficult for our personal injury solicitors to provide you with an exact estimation of the amount of compensation you could be awarded.
Undergoing a medical assessment will provide a more accurate report on the injuries that have been sustained and will help when calculating the amount of compensation that you could be awarded alongside judicial college guidelines.
How can Beacon Law assist you?
Whilst pursuing a farm accident compensation claim, Beacon Law can be your source of support and will help you recover the amount of compensation that you deserve. We understand that the process of accident cases can be difficult, so we will be there to guide you every step of the way.
We offer our services on a conditional fee agreement, otherwise known as a no win, no fee agreement, meaning that you will not be liable to this firm for our fees if your claim does not succeed.
After suffering injuries, we believe that you should have access to the best possible medical care and support available, and we endeavour to provide this to our clients. Due to our association with medical professionals, we are able to provide you with private treatment to assist you in your recovery.
We value each client that we have the pleasure of working with, listen carefully to our clients’ wishes, and will aim to complete your farm injury claim in a timely manner so that you can receive the compensation that you deserve as soon as possible. If you have suffered an injury due to an accident that was not your fault, please get in touch today.
