Making a farm accident claim
Agriculture, horticulture and the food sector is a key industry in Lincolnshire, with an estimated value to the County of around £1050 million in 2006. Approximately 32,000 people are directly employed in the industry.
Whilst this number may have decreased since 2006, due to the ever-changing world of technology, this can also present an increased risk of farming accidents.
Occupiers of farm and agricultural land have a duty of care to workers who use the land, as well as members of the public.
They have to ensure health and safety standards are complied with and workers are adequately trained. The training includes the use of equipment and machinery and the handling of animals and chemicals.
Farming accident claims can only be made by an employee if there is an accident at work. The landowner also has a duty of care to anyone else on a working farm, including guests and visitors.
Types of farm accidents compensation claims
There are many potential hazards within a farming environment. Even the most experienced farm worker could fall victim to an accident when carrying out their day to day duties.
As with all personal injury claims, farm accident claims can only be made if the injuries sustained were through the negligence of the farm owner.
The owner, and your employer, have a legal obligation to ensure that they comply with health and safety standards and farmworkers are adequately trained. This includes the use of machinery and handling farm animals and dangerous chemicals.
Common farming accidents that could mean you have a compensation claim, include:
- Farm machinery accidents from exposed parts or lack of training
- Vehicle collisions or overturned vehicles
- Dangerous livestock
- Enclosed spaces like grain silos and slurry pits
- Falling objects, such as bails of hale and timber piles
- Farmer’s lung – an allergy caused by breathing in mould on hay or straw
- Loud or excessive noises resulting in hearing loss or tinnitus
- Dangerous substances and chemicals
If you have been involved in a farming accident and you are unsure if you have a claim then don’t worry.
Ringrose Law offers a free initial consultation to help you find out if you might have a claim. Call our phone number on 0333 3580 393, send a message or speak to us on live chat to speak to one of our personal injury team.
How long do farm injury claims take to settle?
The length of time it takes for a farm accident claim to be settled depends on multiple factors. When you contact one of our personal injury solicitors they may be able to give you a rough estimation of how long it can expect to take.
Some of the factors that will affect the length of time are:
- How serious your injuries are
- The type of farm accident e.g. machinery accidents, falling objects, injury from farm animals
- The evidence required to make a claim, such as proving necessary safety procedures were not in place
- If the third party accepts liability
If you would like to make a farming accident claim, we recommend that you contact a member of our injury solicitors team as soon as possible after the accident.
Collecting evidence for a personal injury claim can take some time to collect so the sooner you get in touch, the sooner we can help you get the compensation you deserve.
Can I claim if I was injured by farm machinery?
If you suffered an injury from farm machinery that was not your fault, it is highly likely you will be able to make a claim.
Machinery accidents can be a result of various factors:
- Lack of training and competence
- Faulty machinery
- Using equipment that is not properly suited to the task
- Health and safety procedures not in place or not being followed correctly
- Unsuitable personal protective equipment (PPE) being worn
- Regular inspections not carried out
It is an employer’s responsibility to put necessary procedures in place to ensure the safety of their employees and avoid accidents at work. This includes identifying any hazards and providing farmworkers with training on any machinery and equipment they will be using.
Accidents caused by faulty equipment or a lack of proper training might mean you are able to make a farm injury claim. If an employer fails to have the correct health and safety procedures in place, they will be liable for an accident at work.
If you have suffered an injury at work in the last three years, contact our experienced legal team either by phone, message or through our live chat to arrange your free initial consultation.
If I was injured by farm livestock can I claim compensation?
Yes, you can claim if you were injured by farm animals. Livestock is unpredictable and therefore can be very dangerous and cause serious injuries.
Workers who are regularly handling livestock, such as cattle, sheep and horses are at risk of very serious injuries due to the size and unpredictability of animals.
This could be anything from a road traffic accident with animals, being kicked by a horse or the victim of a bull attack. If you were not at fault for the accident, you may be eligible to claim.
Animal owners have a duty of care to both members of the public and workers who are in close contact with their animals. It is the owner’s responsibility that all risks have been assessed and necessary precautions are put into place, such as:
- Animals to be kept in a secure area
- Signage where livestock may cross the road
- Correct equipment and tools being used
- Adequate personal protective equipment (PPE)
- Satisfactory training and competency in handling livestock
- A suitable race and a crush
If an employer fails to follow and maintain health and safety regulations and a farmworker is subsequently injured, they can be held liable for negligence and the victim will be eligible to claim.
Will I lose my job if I make a claim?
No. As with all personal injury claims, your employer is not permitted to terminate your employment because you are making a claim for compensation due to a farm or agricultural accident.
You may be nervous to make a claim against your employer and their reaction. It is a legal requirement for employers to have public liability insurance in case of an employee suffering an injury from their place of work. Therefore your employer does not directly pay for the claim, it will be covered by their public liability insurance.
If you have suffered from an injury at work and there is evidence that your employer acted in a negligent way you may be eligible to make a claim, without fear of the implications and your job security.
Can I make a claim as a self-employed farmer?
As a self-employed or contracted farmer, you may still be able to make a farm accident claim.
Farmworkers are often self-employed or contractors, but are ultimately still working for a company. The company hiring you to carry out the work is responsible for assessing the risks, carrying out training and implementing the necessary procedures to keep all workers safe and avoid any serious accidents.
If there has been a failure to do this and it results in a worker being injured from a farming accident or being diagnosed with something such as farmer’s lung, the victim may be able to make a claim.
This applies to self-employed workers or sub-contractors who could be awarded compensation for an accident at work.
For self-employed workers, it can cause a lot of worries if you are unable to work because of an injury. But, claiming compensation could ease any financial strain and stress until you are able to return to work.
If you are unsure whether you have are entitled to compensation after suffering an injury from a farm accident, you can contact our legal team for a free consultation. To arrange an initial consultation, call our phone number on 0333 3580 393, or alternatively drop us a message on our live chat to request a call back.
Can I make a no win no fee claim?
A No Win No Fee claim means if you lose your compensation claim, you are not required to pay your legal fees.
It is a way to claim compensation if you have been injured from farm accidents without the additional worry of the legal fees if your claim is not successful.
Additionally, the defendant might have to pay your legal fees, if you win.
We offer No Win No Fee claims on a case-by-case basis for farm accident claims. Contact Ringrose Law for a free consultation and our personal injury solicitors will be able to give you further advice on this.
Other options to pay for legal fees are available if required.
What happens when I make a claim?
After contacting us, a member of the Ringrose Law team will take your details. This information will be passed on to our Personal Injury Team who will be in touch with you. They will arrange a free initial consultation at a time that suits you best. This can be either over the phone, video call or in our offices, depending on your preference.
During the free consultation, we will ask you questions to understand the details of the incident, the severity of the injuries sustained and the circumstances surrounding it. At this stage, we will also want to know if you have any evidence, what evidence may be available and who you believe is responsible for your farming accident.
From these details, we may be in a position to tell you whether we believe you have a claim or not. If you do have a suitable claim, then we would inform you of the different legal fee structures available to you (for example; No Win No Fee). We may also be in a position to give you an estimate of what you could be awarded as compensation for your claim.
You will then be invited to decide whether you wish to instruct us. To ‘instruct’ us is to confirm you are happy for Ringrose Law to take on your case and help you seek the compensation you deserve for your farm injury claim.
If you are happy to instruct us, we will begin gathering the evidence for your compensation claim. We will also inform your employer and their insurance company of your intentions to make a claim. Our personal injury team are well versed in handling complex compensation claims and with their successful experience in case law, can help you be awarded fairer compensation.
How do I start a claim?
It is really easy to start the process of making a claim for farm accidents.
Our team is highly experienced in dealing with a wide range of farm accident claims. If you have suffered a farming accident within the last three years or even longer, you may be able to make a claim.
All you have to do is contact us by calling our office, completing the online form or speaking to one of the team on our live chat to request a call back. Your details will then be passed onto our personal injury team. They will be in touch to speak with you and arrange your free initial consultation.
Our experienced personal injury solicitors can help you build a case of evidence to support making a claim. With connections to medical experts, they can get independent medical advice to support your claim. They will also be able to put you in touch with the best option if specific medical treatment is required.