Farm Accident Compensation Claims

If you’ve been injured in a farm accident that wasn’t your fault, then you may be able to make a claim for compensation.

Working in the farming and agricultural sector can be dangerous due to the equipment used, the livestock involved, and the manual tasks which have to be carried out. Employers still have a legal duty to provide a safe working environment on a farm. If they fail to do so, and you suffer an injury in a farm accident as a result, you may be entitled to compensation.

The accident at work solicitors at Beacon Law are experts when it comes to dealing with injury claims of this kind, and we’ll work to gather evidence on your behalf, prove negligence, and fight for 100% of the compensation you deserve.

When can I claim compensation for an accident on a farm?

If your farm accident was caused by the negligence of another party then you can claim compensation for the following:

• The physical pain and suffering caused by your injuries
• The psychological impact of your injuries, which could include anxiety, depression and post-traumatic stress disorder (PTSD)
• The financial impact of your injuries, including any earnings lost through time off work and any expenses directly linked to the injuries

What are the most common causes of farm accidents?

A modern farm is likely to be packed with potentially hazardous equipment such as tractors, quad bikes, trailers and forklift trucks, as well as livestock and dangerous substances. Without proper health and safety procedures in place farm workers could be at risk from a wide range of accidents.

Some of the more common farm accidents we deal with at Beacon Law include the following:

• Tractor accidents – farm accidents involving tractors can include collisions, being hit by a moving tractor and crush injuries caused by overturned tractors
• Falls – slips trips and falls caused by dangerous, uneven or slippery surfaces can cause serious injuries, as can falls from height
• Equipment – farm accidents caused by negligence can include working with machinery and equipment without the right training, personal protective equipment (PPE) and supervision, or with machinery which hasn’t been inspected and maintained in line with the manufacturer’s instructions
• Substances – accidents caused by the poor storage or handling of dangerous substances such as pesticides, fertilizers and agricultural chemicals can cause toxic exposure and health problems in the long or short term
• Electrical – defective electrical equipment or a lack of safety protocols can lead to electric shocks, burns and potential fatalities
• Objects falling from height – heavy tools, equipment or materials such as large bales of hay can cause serious injuries if they are not stored safely and fall from height onto farm workers
• Respiratory – long term exposure to substances such as dust, mould and airborne chemicals can cause respiratory illnesses such as farmer’s lung
• Livestock – poorly controlled livestock can cause crush injuries

How much compensation could I receive for my farm accident claim?

If your farm accident claim is successful the amount of compensation you could receive will range from around £2,200 for a minor injury with a prognosis for a quick recovery, up to over a million pounds if the farm accident resulted in a life-changing disability requiring long term medical care and treatment.

In all cases the final settlement will be made up of general damages and special damages, which are calculated as follows:

General damages

The amount of general damages is calculated to cover the following:

• The nature and severity of your injuries
• The pain and distress caused by those injuries, both physical and psychological
• The degree to which the injuries have limited your ability to do things like pursue hobbies and enjoy family life
• The figure for general damages is based on compensation figures from the Judicial College Guidelines (JCG) which sets out a range of recommended payments for specific injuries.

Examples included in the current edition of the JCG which might be relevant to a farm accident claim include the following:

A back injury with permanent serious symptoms – £26,050 to £36,390
​Severe leg injury – £33,880 to £165,860​
​Post-Traumatic Stress Disorder (PTSD) – £73,050 to £122,850
​A fractured index finger causing permanent symptoms – £7,780 to £10,440

Special damages

Special damages are the portion of the compensation payment intended to cover the financial impact of your farm accident. The total will include an amount to cover any earnings lost because your injuries stop you working as you did before.

In addition, special damages are paid to compensate for any expenses which arise as a direct result of your injuries. These expenses could include the following:

• The cost of any medical treatment related to your injuries, now and in the future
• The cost of any care required as a result of your injuries, now and in the future
• The cost of any adaptations you have to make to your home or vehicles
• Travel costs to and from any medical appointments related to your injuries
• An amount to compensate for time spent by friends or family providing care free of charge
• The cost of any counselling or therapy needed as a result of your injuries

Can I make a no win no fee farm accident claim?

Yes, if you make a farm accident claim with Beacon Law we will work for you on a no win no fee basis. This means the following:

• You don’t have to pay anything up-front, or while we gather evidence and negotiate with the other party
• We only take a fee if your claim is successful and you receive compensation
• This success fee will never be more than 25% of the compensation you receive
• If you lose the case, costs like the legal fees of the other party will be covered by After the Event (ATE) insurance we take out on your behalf

The fact that we work on a no win no fee basis means that you can make a farm accident claim on the basis of fairness and the negligent way you’ve been treated, without having to worry about costs or being left out of pocket.

Are there time limits on making a farm accident claim?

Yes, there is a limit of 3 years on making a farm accident claim. The 3 year period runs from the date on which the farm accident takes place, and once it is up you will no longer be entitled to start a claim.

Exceptions to the 3 year limit include the following:

• If you were under 18 at the time of the farm accident the 3 years will date from your 18th birthday to your 21st
• If you are mentally incapacitated during the 3 year period and unable to start a compensation claim then the time limit will run from the date on which you regain capacity

What is the process for making a farm accident claim?

We know how daunting the thought of making a farm accident claim can be, particularly when you’d rather concentrate on getting over what has happened to you and recovering from your injuries. We take on the stress of gathering the evidence to prove negligence and building the strongest possible claim, giving you the space and time to come to terms with what has happened.

One of the ways we do this is by breaking the process as a whole down into smaller individual steps:

• When you contact us for a free, no obligation consultation we’ll listen to your account of your farm accident and decide whether you could be eligible to make a claim. If you are then we’ll explain how the process works and, with your permission, get to work building the strongest possible claim.
• We’ll take a detailed statement from you explaining how the farm accident happened, how you were injured, how those injuries have impacted your life and the nature of any treatment needed.
• We’ll arrange a medical examination with an independent expert. Following the examination, they will produce a report setting out the full nature and extent of your injuries, the prognosis for any recovery and the kind of treatment you are likely to need in the future.
• We’ll obtain a copy of your medical records, with particular reference to your injuries and the treatment you’ve needed since the farm accident
• We’ll also obtain a copy of any accident report filed to your employer on the farm
• We’ll take statements from any witnesses to your farm accident
• We’ll pull together any photographs you were able to take of the scene of your farm accident, including images of factors such as faulty equipment or PPE
  If the scene of the farm accident is covered by CCTV cameras we will obtain any footage of the accident as it happened
• We’ll pull together details of any health and safety training you received and information on issues such as risk assessments, training, maintenance of equipment etc.
  If the police were called to the scene of the accident we will obtain a copy of the official police report
• We will ask you to keep an account of your recovery from your injuries and the impact they have had on your life in the time since the accident
• We’ll collect paperwork documenting the financial impact of your injuries, such as wage slips, bank statements, medical bills and invoices or receipts for any other direct expenses
• We’ll get in touch with the other party to tell them that you intend to claim compensation. In the majority of cases the strength of the case we present means that liability is admitted at this stage in the process.
• Our dispute resolution skills and experience of building strong claims means that only a very small minority of the personal injury claims we take on, including farm accident claims, have to be settled in court.
• Once liability has been admitted we will negotiate a fair compensation settlement. We’ll have a full understanding of what you are entitled to given the nature and extent of your injuries, and we always negotiate for 100% of the compensation we think you are entitled to.
• In cases with more complex injuries requiring multiple medical evaluations it may take some time to negotiate a final compensation settlement. If this is the case we will apply for interim payments to cover costs such as medical bills until the full compensation is paid.
• In a small minority of cases – if liability is denied or a compensation payment can’t be agreed – the claim will have to be settled in court. If this happens we will support you throughout the process and state your case for compensation clearly and firmly.

Why should I use Beacon Law for my farm accident claim?

You should come to Beacon Law to make a farm accident compensation claim because we have a strong track record of winning personal injury claims of this kind. We have a combined total of over 200 years’ worth of personal injury legal expertise, meaning we know exactly what it takes to prove negligence in your farm accident claim and how much compensation you should be paid.

As well as providing expert legal advice we treat each client as an individual coping with a difficult set of circumstances, and not just another case number. We understand how upsetting it is to be injured in a farm accident caused by negligence, and we provide empathetic support throughout the difficult process of recovering from your injuries.

We’re a family-run firm and we pride ourselves on offering tailored, one-to-one advice and support to every one of our clients. No matter how complex the details of your farm accident claim are, we communicate in clear, jargon-free English, keeping you fully up to date with progress and the response of the other party throughout the process.

We work on a no win no fee basis, so you can make your farm accident claim without having to worry about ever being out of pocket, and we always negotiate for 100% of the compensation we think you’re entitled to. If you’ve been injured in a farm accident because someone else was negligent in some way then contact Beacon Law today to discuss the possibility of claiming compensation to help put your life back on track.