Is it Possible to Sue for a Farming Accident?

Yes, you can sue the party responsible if you were involved in a farming accident if their negligence caused your injuries. The agricultural industry has one of the highest fatality rates out of all occupational groups, with 23.5 fatalities per 100,000 workers in 2022.

Farm workers are exposed to large industrial vehicles like tractors that can easily cause fractures and open wounds if handled incorrectly. Therefore, you should know your rights if you are working on a farm in case any injuries are sustained in the future.

Farmers deserve legal representation for growing our food, even while suffering harsh working conditions. If you or a loved one were hurt from a negligent farming accident, call LegalASAP to schedule a free consultation with a personal injury attorney. You may qualify for more damages than you think.

Common Causes for Farming Accidents

The common causes for farming accidents include:

• Injuries from animals
• Tractor failures
• Machine malfunctions
• Slips and falls
• Exposure to pesticides or other toxic chemicals
• Respiration problems in agricultural environments
• Collisions from other tractors

Farming accidents often lead to injury and fatality because of the harsh working conditions associated with the work. Severe weather conditions, exposure to pesticides, and heavy machine accidents are only the surface of what farmers must go through.

Even so, the National Agriculture Safety Database claims that 80% of farming accidents that occur may be preventable.

“Perhaps 80 percent of our farm accidents result from carelessness or failure to deal with hazards safely. Many accidents are avoidable.”

–John D. Rush, NASD

If a third-party was responsible for your damages from a farming accident, don’t hesitate to call a personal injury attorney. You may have a case that can compensate for all the monetary and emotional damages you faced from your injury.

Farming Accident Statistics

According to the National Safety Council, farming, fishing, and forestry occupations led to over 200+ fatal injuries. Reports between 2015-2022 show an abundance of farming injuries, with 2019 having the highest of 291 workers hurt. Non-fatal injuries significantly increased between 2021-2022, with 27,500 workers getting harmed.

The demographic displays that men in their mid-30s to late 50s are the majority of workers on farms, and ages 55 to 64 are susceptible to lethal injuries.

Below is the percentage of workers in 2021 who were fatally injured working in farms, fishing, and other forestry occupations. 

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In 2021, transportation incidents had the highest count of 87 workers (39.9%) sustaining fatal injuries. The next was contact with objects, where 68 workers (31.2%) were hurt handling machinery and equipment. Workers in private industries were prone to injuries, with 97.7% (213 workers) resulting in fatalities that year.

Sadly, there are farming accidents that go unreported due to most statistics excluding farms with 11 or less employees. They also exclude family-run farms who fail to report their injuries.

What to Do After a Farming Accident

Seek immediate medical help if you sustained injuries in a farming accident. You may think cuts, burns, scrapes, or slight fractures are minor injuries. However, this can lead to long-term health conditions that cause significant problems for your body. Find your doctor to check on your farming injuries to avoid future complications.

After seeking medical help, you should gather evidence for your claim to hold weight under a judge or jury. Most personal injury claims settle before reaching court, but more evidence can affect your overall settlement amount.

1. Take photos of the incident and your injuries
2. Ask for names, phone numbers, or contact info from witnesses
3. If equipment caused your accident, make sure to preserve it for further inspection

If you’re not sure whether the evidence you gathered supports your legal claim, find an attorney to analyze your case. They can direct you to the right evidence that can convince a judge or jury of the other party’s negligence.

Types of Claims You May Make After a Farming Accident

The nature of your farming injury changes the type of legal claim you may make. It’s possible your accident may qualify for multiple claims, so it’s important to know your options. Here are possible legal claims you can make if you suffer from a farming injury.

Workers’ Compensation

Workers’ comp benefits apply for injuries during work or if workers become ill from the nature of their job. Workers’ comp can also pay for economic damages such as medical bills, lost wages, and permanent or temporary disabilities.

State laws vary regarding workers’ compensation for farm workers. States like Georgia don’t require employers to provide workers’ compensation insurance to farm workers. Some states like Rhode Island limit workers’ comp to those employed in large farms. Look into your state’s laws or find an attorney to help you determine your legal options.

Personal Injury Claim

Personal injury claims help you get compensated for injuries that were not your fault. The injured person would file a personal injury claim against the party found negligent for the accident.

Just like factory work, the farming industry often has workers in contact with heavy machinery like tractors and harvesters. Employers have a duty of care to reasonably care for their heavy equipment for their workers. If their negligence in maintaining equipment caused your accident, they may be liable for your damages.

If you were hurt from an unsafe work environment that causes accidents like slip and falls, you may file a personal injury claim. These farming accidents fall under premises liability, where employers fail to prevent dangers caused by unsafe working conditions.

Employer Liability

Employer liability occurs when employers are legally responsible for compensating their injured or ill employees caused by work. They can cover costs that workers’ comp benefits do not cover. Some farms often carry employers’ liability insurance to assist in covering legal expenses and lawsuits.

Some employees may feel their compensation was not enough. In such an event, employer liability insurance kicks in to fill in that extra cost. Employer’s liability insurance may limit the cost per employee, each incident, and each policy.

Third-Party Liability

Third-party liability (TPL) is the legal responsibility of third parties (specific individuals, insurers, programs, etc.) to pay for other expenses like medical help under the Medicaid state plan.

According to Medicaid, it’s the law for third parties to pay claims before the Medicaid program covers the difference once they qualify. They often cover medical bills, legal fees, settlement fees, and repair costs.

It’s possible to file multiple claims to compensate for all the pain and loss you suffered. You can also file for non-economic damages like emotional distress. Hence, finding a farming accident attorney to assist you with these different claims can help you understand what benefits you should receive per claim.

Injuries You May Face After a Farming Accident

Sometimes farming accidents can permanently cause disfigurement, and you can face bodily injuries like:

• Loss of limbs or amputation
• Brain and head injuries
• Back and spinal injuries
• Disfigurement
• ​​Respiratory disease
• Acute & chronic chemical toxicity
• Musculoskeletal syndromes
• Stress-related mental disorders
• Dermatitis
• Hearing loss

In much worse cases, these farming accidents can lead to death, and your immediate family will have to file a wrongful death lawsuit. Malfunctioning farming equipment can be one of the underlying causes of some of these problems. Therefore, seek medical advice if you feel your health is in jeopardy.

Find Out What You’re Owed with a Personal Injury Attorney

If you or someone you know sustained injury during a farm accident, don’t hesitate to contact LegalASAP. We provide a network of experienced personal injury attorneys around the United States who can analyze your farming incident claim. Find out what you’re owed with a personal injury attorney.

Please fill out this short evaluation form, and we may reach out as soon as possible. If you have questions or concerns that cannot wait, call us at 888-927-3080.