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Farm Accident Compensation Claims – The Claiming Process

Tim Jones provides an overview on farm accident compensation, including the causes of farming accidents and the process of making a claim.

All employers have a duty of care to the health and safety of their employees while they are at work, including employees working in an agricultural setting. Farms can be particularly dangerous places to work, with many hazards to take into consideration, from working with heavy machinery, unpredictable animals and various types of chemicals. 

If your employer fails to keep you safe while working on a farm and you have subsequently suffered an accident that has caused you injury, you may be entitled to make a claim for compensation. Injuries sustained on a farm can be life-changing and sometimes fatal. It is also worth noting that you don’t only have to be a worker on a farm to suffer an accident and make a claim, visitors to the farm can also be at risk and can make a claim. 

The member firms at Major Trauma Group are highly experienced in assisting clients who have suffered serious injury in bringing their farm accident claims, offering their expert services on a no win no fee basis. If you are in search of more information regarding our personal injury services, please do not hesitate to get in touch today.

Vestibular rehabilitation therapy is a common approach to help individuals adapt to and compensate for vestibular dysfunction. This type of rehabilitation can be arranged for you within your claim for compensation.

What are some common causes of accidents on farms?

Farm accidents can result from a wide range of factors, and they often occur due to the nature of agricultural work, the use of heavy machinery, and exposure to various hazards. Some of the common causes of farm accidents include:

  • Machinery Accidents: Farm machinery, such as tractors, combines, ploughs, and harvesters, can be involved in accidents due to equipment malfunctions, operator errors, or overturns.
  • Falls: Falls from heights, such as barns, silos, or ladders, are common on farms. Uneven terrain and slippery surfaces can also contribute to slip, trip and fall accidents.
  • Animal-Related Accidents: Farm animals, including cattle, horses, and pigs, can be unpredictable and may cause injuries through bites, kicks, or crushing.
  • Transportation Accidents: Accidents involving farm vehicles, including trucks, ATVs, and utility vehicles, can occur on and off the farm.
  • Chemical and Pesticide Exposure: Mishandling or improper use of agricultural chemicals, pesticides, and fertilisers can result in chemical burns, poisoning, or respiratory issues.
  • Electrocution: Farm work often involves working around electrical equipment and power lines, and contact with live wires can lead to severe injuries.
  • Structural Failures: Buildings and structures on farms, such as barns, silos, and grain bins, can collapse, posing risks to workers and animals.
  • Entanglement: Clothing, hair, or limbs can become entangled in moving machinery or equipment, leading to severe injuries.
  • Respiratory Issues: Dust, mould, and other airborne contaminants can lead to respiratory problems, especially for those working in enclosed spaces.
  • Fire and Explosions: Farms often store flammable materials, and accidents involving fires or explosions can happen, particularly in settings like grain storage facilities.

To reduce the risk of farm accidents, it’s essential for farmers and farmworkers to prioritise safety by implementing proper training, using protective equipment, maintaining machinery and structures, and following safety guidelines and regulations. 

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What are some common injuries to sustain on a farm?

Injuries sustained on a farm can vary widely, but some common types of injuries that farm workers or visitors may experience include:

  • Cuts and Lacerations: These injuries can result from contact with sharp tools, equipment, or objects like barbed wire.
  • Sprains and Strains: Overexertion, lifting heavy objects, or sudden movements can lead to sprained muscles or strained ligaments.
  • Burns: Burns can result from contact with hot surfaces, equipment, or chemicals used on the farm.
  • Amputations: Accidents involving machinery or equipment can lead to the loss of limbs or digits.
  • Head Injuries: Head injuries can result from falls, impacts, or accidents involving overhead structures or equipment.
  • Back and Spinal Injuries: Lifting heavy objects or improper lifting techniques can lead to back strains or more severe spinal injuries.
  • Eye Injuries: Eye injuries can occur due to flying debris, chemicals, or foreign objects entering the eye.
  • Farmer’s Lung: Farmer’s Lung can affect individuals who are exposed to certain types of organic dust or antigens commonly found in agricultural environments. It is a condition that primarily affects the lungs and can lead to respiratory problems.

Preventing these injuries involves implementing safety measures, proper training, the use of protective equipment, regular maintenance of machinery and equipment, and adherence to safety guidelines and regulations. Farmers and farm workers should prioritise safety to reduce the risk of injury on the farm.

Employer’s duties to farm workers

Accidents at work do unfortunately happen, though employers have a legal responsibility to take steps to reduce the likelihood of accidents occurring in the workplace under the Health and Safety at Work Act 1974. 

Employers have to ensure their workers’ well-being and rights are protected by providing a safe work environment through regular inspections, safety training, and the provision of protective gear.

The process of claiming

The process of making a farming injury claim can be quite complex, which is why it is recommended to instruct the services of a professional personal injury solicitor who can guide you through the process of claiming. 

Your legal representative will inform the defendant and their insurance of your intent to make a claim and how much you are seeking in compensation. Collection of evidence and documentation of your injuries will be collated and presented. Evidence such as witness statements and CCTV evidence can be highly beneficial when proving fault in a personal injury claim.

Negotiations will take place between the two parties to reach a fair settlement amount for your injuries. In the rare case that a settlement cannot be reached, then a case may be progressed to court proceedings for a judge to decide the amount of compensation to be awarded. 

How much compensation could you receive?

The personal injury lawyers from our member firms at Major Trauma Group are all highly experienced in serious injury claims for agricultural accidents and advocate for our clients to receive the most appropriate amount of compensation for their injuries. 

Compensation for personal injury claims is generally split into two categories: general damages and special damages. 

General damages are awarded to compensate for the victim’s pain and suffering. Common examples of general damages include compensation for physical or emotional pain, loss of enjoyment of life, and loss of amenity. General damages are not directly tied to specific financial losses but are determined based on legal precedents, the severity of the injury, and the impact on the claimant’s life.

Special damages refer to specific financial losses that the claimant can prove to have incurred as a result of the wrongful actions of the defendant. Common examples of special damages include travel expenses, lost wages or income, property damage, and costs related to rehabilitation or therapy.

What are the time limits for making a farm accident compensation claim?

Under the Limitation Act 1980, you have three years from the date of the accident which caused your injuries or three years from becoming aware of your injuries to make a claim for personal injury compensation. 

There are some exceptions to this general rule, however, including if the person injured was a minor at the time of the accident, in which case they would have three years from their 18th birthday to make a claim for themselves if a parent or guardian has not already made one on their behalf. 

Additionally, if the injured person lacks the mental capacity to bring a claim for themselves, then they have no legal time limit to make a claim. The three-year limitation period will begin however if they regain mental capacity. 

Why choose Major Trauma Group?

The agricultural industry is a field in which many traumatic accidents can occur and cause injury, even when all health and safety measures are in place. 

If you have suffered a severe injury as the result of someone else’s negligence on a farm, Major Trauma Group can help. Our member firms are highly experienced in assisting clients with their personal injury claims and can assist in farm accident compensation claims. 

Our expert lawyers can assist you on a no win no fee basis, meaning you do not have to worry about the legal costs when making a claim. Please get in touch with us today to find out more at hello@majortraumagroup.co.uk.

Struggling after injury?
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Struggling after injury?
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Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

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