Farm accidents are one of the most dangerous types of accidents. According to the Institute of Agriculture, 167 agricultural workers suffer an injury that forces them off work every year. 5% of these injuries result in permanent impairment.
These statistics and more, show why farming is ranked one of the top ten most dangerous occupations in the US.
If you have been injured in a farm accident, you should know that you may be eligible to receive compensation for your loss and injury. This compensation may include reimbursement for medical expenses, lost wages and property damage.
However, due to the involvement of insurance companies, the task of recovering compensation may take a lengthy period. In many cases, claims even end up being denied totally by insurance companies. To give yourself the best opportunity at recovering the compensation you deserve, you should quickly get in touch with farm accident lawyers with a reputation for aggressive, efficient representation.
The experienced farm accident lawyers at Patrick Daniel Law have helped hundreds recover the compensation they deserve. We understand that farm accidents can result in serious injury, disrupting lives and bringing unanticipated financial strain.
Our agricultural injury experts are dedicated to ensuring our clients recover full compensation for their injuries. We can stand up to insurance companies and employers on your behalf, all the way through settlement negotiations and even up to trial.
Common causes of farm accident injuries
The Center for Disease Control reports that farming is a high-risk business with a significant capacity for serious or fatal injuries. There is good reason for this too, as farming involved work with dangerous machinery and often in difficult conditions.
Due to the potentially dangerous nature of farm work, there are many avenues in which a person can get injured. Some of the common causes of farm accident injuries and cases that we handle include:
- Equipment malfunction/agricultural product liability: Farm equipment ordinarily pose a lot of danger, and that is when they work as they should. But when equipment malfunctions due to defects inherent in the product, they can increase the potential for danger significantly. If you have been injured due to defective farm equipment, you may have a case for agricultural product liability. Contact Patrick Daniel Law to understand your rights and options.
- Trips and falls: Slips, trips and falls are one of the most common causes of workplace accidents. Although they may not seem like much, a trip on loose flooring or wiring can cause injuries just as serious as a fall from a ladder. As a potentially dangerous workplace, safety measures should be taken seriously on a farm. If you have been injured in a slip, trip or fall, you may have a claim for compensation.
- Tractor rollover accidents: Tractor rollovers or overturns are regarded as the leading cause of death for farmers and farm workers. They account for an average of 90 deaths every year on farms. These deaths and injuries can however be prevented with the use of rollover protective structures (ROPS). Sadly, only 1 in 3 tractors in the US are equipped with these structures, leading to avoidable injury and death.
- Failure to maintain farm equipment: As part of routine occupational safety and health measures, farm equipment should be maintained regularly. Failure to implement a proper maintenance schedule can cause serious injury when such equipment malfunctions. In injuries caused by a failure to maintain equipment, you may be able to claim compensation against your employer.
- Exposure to pesticides: Many of the chemicals used as pesticides can be harmful to humans, especially when they come in contact with skin or are inhaled. Persons that apply these chemicals should use appropriate safety gear and should be careful to ensure they are out of range of persons that can get hurt. If you are suffering due to exposure to pesticides, get in touch with us immediately.
Our skilled agricultural injury lawyers have handled several cases involving farm injuries caused by these incidents. We have the skills and experience to help you understand your rights and the best strategy to recover full compensation.
Potential avenues to compensation
Having suffered an agricultural injury, you may be wondering what chances you have at recovering compensation. There are many possible avenues to this, and one of the first things your farm accident lawyer will explain is what option best suits your case.
In many farm accident cases, it may be possible to maintain a claim under Workers’ Compensation Law. In these situations, however, you must be classified as an employee before you may claim compensation under the law.
While this seems simple, there are many instances where a worker would not be classified as an employee. If you are deemed to be an independent contractor, for instance, you will be unable to claim compensation under the workers’ compensation law. Your agricultural injury attorney can guide you on how the law applies to you.
In cases where the workers’ compensation is insufficient to compensate you for the injury you have suffered or where it does not apply to you, employer liability may come into play. In this scenario, you may be able to file a claim against your employer personally, or against their insurance company.
Third parties may also become liable to you. If you were injured by an employee in the service of a third party, such a delivery truck driver, you may be able to sue their employer for compensation.
At all events, you may have to deal with insurance companies. Their involvement often makes the path to compensation tricky. However, our lawyers have extensive experience dealing with these companies. Here are some tips to follow.
Dealing with insurance companies
Given a choice, insurance companies would rather not pay you fair compensation for your farm accident injury. In fact, they would rather not pay you at all. This is because insurance companies have to look out for their bottom line first.
Thankfully, when you contact our skilled farm accident lawyers, you will have some of the best legal minds looking out for your own interests too. Here are some tips that can help ensure you recover compensation quickly when dealing with insurance companies.
- Seek medical attention: Do not try to shake off the injury, it may be more serious than you think. Seeking medical attention will also ensure that the injury is documented.
- Report the accident: Ensure that the accident gets reported to a superior on the farm. This ensures that your employer is aware of the injury and sets the foundation for a workers’ compensation claim.
- Write down everything you remember: While the incident is fresh in your memory, write down what you remember. Be sure to include anything said by the manager or witnesses to the accident. They may help your claim.
- Contact a lawyer immediately: Reach out a skilled agricultural injury lawyer to have your rights and options explained to you.
- Don’t speak to the insurance company by yourself: You may be contacted by an insurance company soon after the accident. Talk to your lawyer before you speak with them, in order to ensure that you don’t say anything that damages your claim.
Let our farm accident attorneys fight for you
The agricultural injury attorneys at Patrick Daniel Law are the best at what they do. Experienced, skilled and aggressive, they will fight tirelessly to see that you get the compensation you deserve.
Please do not attempt to determine if you have a compensable case. You must consult a relevant liability attorney who has the expertise and extensive knowledge necessary to determine who ultimately caused the harm and injuries you or a loved one suffered. Contact us for a free case evaluation here.