Farm Accident Claims

Introduction

Half a million people work in agriculture, and whilst this can often be rewarding work it can also be dangerous. Owners have a duty to manage the high risk of injury. Accidents do happen, but they are often caused by negligence, and on a farm they can have serious consequences.

Causes of Farm Accidents

There is a wide range of dangers inherent in the use of agricultural machinery, food production and livestock management:

• Farm vehicles: Being run over or crushed by a farm vehicle is the single highest cause of fatal accidents on the farm. Tractors, diggers, transportation lorries, forklifts and other trucks, quad bikes and other off-road vehicles and combine harvesters all pose specific dangers and the risks need to be assessed and managed.

• Farm machinery: There is a wide range of machinery in use in agriculture, and it all needs proper training, instruction and supervision to avoid serious injuries. A key safety problem highlighted by the HSE is the use of power take-off shafts on the back of tractors, which are notorious for causing serious injury when not properly guarded or improperly used. Other machinery, such as potato rollers and conveyors, balers and bale choppers and feeder wagons all pose particular dangers that need to be addressed as part of a workplace assessment.

• Falls from height: Many farm buildings have fragile roofs and are not built to withstand the weight of people. Even if this is known to the farmer it may not be known to farm workers, and unless safety equipment and warning notices are available there is a significant risk of serious injury. According to the Health & Safety Executive falls from height are the second biggest cause of agricultural fatalities.

• Confined spaces: Storage silos and tanks and slurry pits are extremely hazardous places and carry a well-known danger of death. Toxic fumes and drowning are particular dangers if confined space rescue is not possible. 10% of all fatalities on farms are caused by asphyxiation or drowning.

• Children: Most farms are also homes and so children will often be around the yard and buildings and will sometimes be helping with the farm work. But the statistics show that sadly 50 children have died in farm accidents in the last decade, and child protection on the farm is a serious safety issue.

• Chemicals: Most farms routinely use pesticides, fertilisers and food additives, and the chemicals they contain may be harmful. There are additional dangers from dust, toxic gases and exhaust fumes, and these risks need to be assessed and controlled by law.

• Livestock: Cows, bulls and horses in particular need careful and skilled handling, but even so can be unpredictable. All farm employees working with animals should be properly trained in their safe handling, and in particular how to avoid being bitten, kicked, trampled or crushed.

• Lifting and handling: Although it is obvious that farm work can involve heavy manual labour that does not mean it should not be controlled. Manual handling regulations simply require employers to consider the risks involved in the work and make sure that the loads and tasks involved are manageable. If a farm worker is injured because he was required to manually lift something that was too heavy or had to repeatedly lift loads beyond his capacity then his employer will usually be liable.

Agricultural accident claims

Despite the high rate of serious injury in this sector, most accidents at work (an estimated 75%) go unreported. But farmers are by law insured, in the same way as any other employer, and unless the accident was completely caused by the worker’s own carelessness or was an unavoidable accident then there is likely to be a successful claim following an agricultural accident.

What types of farm injuries can I claim for?

You can claim for any type of injury, no matter how minor or severe it may seem.  Some of the most common farm injuries that people claim compensation for include:

• Cuts and lacerations
• Broken or fractured bones
• Burns and chemical injuries
• Crush injuries
• Nerve damage
• Amputations or loss of function
• Repetitive strain injury
• Occupational dermatitis
• Hand-arm vibration syndrome (HAVS)

While some hand injuries will be short-lived and heal relatively quickly, others can have long-term consequences.  That’s why your solicitor will request a medical report as part of your claim. An independent specialist will assess the long-term outlook and treatment of your injury. We use their report as a starting point in compensation negotiations, to ensure you receive the compensation you need to recover, both now and in the years to come.

Why choose Osbornes Law for a Farm Accident Claim?

If you have suffered an injury, it is vital to choose the right solicitor to handle your claim. Osbornes Law is one of the leading personal injury law firms in the UK. That’s not just because we say so, but also because independent legal directories such as The Legal 500 and Chambers & Partners rank us as such.

By choosing Osbornes Law for your office injury claim, you will benefit from:

• Expertise – our farm accident solicitors have extensive experience in handling claims involving all types of injuries. We understand the complexities involved and know how to build strong, evidence-based cases that maximise your chances of success.
• Personalised service – we’ve built our reputation on treating our clients with compassion. Our team is always available to answer any questions you may have and provide support every step of the way.
• No-win no-fee – farm injury claims can usually be funded through a no-win no-fee agreement. This means that you will not have to pay any upfront fees or legal costs unless we win your case.
• Support in every aspect of your claim – our service goes beyond just handling the legal aspects of your claim. We work with a network of healthcare professionals, charities and support groups to ensure that you are connected to the best possible services while we fight for your right to compensation.