As employers, farmers have a duty of care to try and protect any employees while they are working. However, farming accidents can happen for a variety of reasons, including misusing dangerous equipment, mishandling hazardous chemicals, unsafe working conditions, and a lack of proper training or supervision. Importantly, if you’re a farm worker who’s been injured due to the negligence of the farm owner, your employer, or another worker, you may be eligible to make a farm accident claim for compensation,
Therefore, we’ll explain the farm accident claims process within this guide. However, if you’d prefer to connect with our claims advisors first then please call us now on 0800 6524 881.
Table of contents
- Am I Eligible To Make A Farming Accident Claim?
- Can I Make A Farm Accident Claim If I Was Partly At Fault?
- Common Causes Of Farm Accidents
- Common Injuries To Farmers And Agricultural Workers
- Types Of Negligence That Can Cause Injuries To Farm Workers
- How Much Compensation Could I Claim For A Farming Accident?
- Evidence To Support A Farming Accident Claim
- Time Limit For Claiming Farm Accident Compensation
- How Personal Injury Solicitors Could Help You
- Starting The Farm Accident Claims Process
Generally, to be eligible to make a farm accident claim for compensation you’ll need to prove that:
- The farm accident happened, or your injury/illness was diagnosed, within the last 3 years; and
- Your injury/illness was caused by the negligence of somebody else e.g the farm owner etc.
It’s important to state that time limits can vary in specific circumstances so if you’re not too sure who was at fault or how much time you may have left to claim compensation, please contact our advisors and they’ll be happy to assess your case for free.
Later on, we’ll look at the evidence you could supply to help prove that your injuries were caused by your employer.
Yes, even if you were partly at fault for a farm accident, you may still be able to make a claim for compensation. However, the amount of compensation you might be entitled to may be reduced in proportion to your level of fault. This is due to the concept of contributory negligence, which means that if you contributed to the farming accident by your own actions or omissions, your compensation may be reduced accordingly.
Please contact us if you believe you contributed in some way to the accident and a claims advisor will go through your options with you.
In the UK, employers have a legal duty of care to protect the welfare of their workers. This duty comes from The Health and Safety at Work Act 1974. That means that regular risk assessments are required to spot any dangers within the workplace. Where risks are identified, the employer should remove them or introduce procedures to reduce them. If they don’t, and a farming accident occurs, a farm worker could seek compensation for their injuries.
Some common causes of farm accidents include:
- Use of heavy machinery. Farm work often involves the use of heavy machinery, such as tractors, combine harvesters, and baling machines. Injuries can happen if machinery malfunctions, overturns or hits a worker.
- Falls from height. Working at height is common on farms, such as when repairing roofs or working on ladders. Falls from height can cause serious injuries or even death.
- Handling of animals. Farm animals can be unpredictable, and handling them can be dangerous, particularly when dealing with large or aggressive animals. Typical injuries to farm workers happen due to animals kicking, biting, or trampling workers.
- Exposure to harmful substances. Farmers and their employees may be exposed to harmful substances such as pesticides, fertilisers, and animal waste, which can cause respiratory diseases, skin conditions, and extrinsic allergic alveolitis (Farmer’s Lung).
- Electrical hazards. Electricity is used extensively on farms, but faulty wiring, poor maintenance, and improper use of electrical equipment can cause serious burns, electric shocks, or electrocution.
- Slips, trips, and falls. Farm workers can slip or trip on uneven surfaces, wet floors, or debris, leading to injuries such as broken bones, sprains, or head injuries.
- Lack of training. Farm workers who are not properly trained on the use of machinery or safety procedures may be more likely to suffer an accident.
If you’d like us to review your farming accident claim for free, call us today on 0800 6524 881.
Here are just some of the more common farming-related injuries that we could help claim compensation for:
If you suffered any type of injury in an accident on a farm, please connect with our claims advisors. They’ll let you know their thoughts and inform you of whether you could be eligible to make a farming accident claim or not.
Injuries due to negligence in farming may be caused in multiple different ways. For instance, your employer could be to blame for an accident if:
- You weren’t adequately trained.
- Farm machinery was not properly maintained.
- You suffered an injured shoulder at work due to a lack of training
- PPE was not provided to protect you.
- Your tools were faulty.
- You fell off a ladder at work that was broken while trying to repair the roof of a cow shed.
- You were tired because you weren’t allowed to take rest breaks.
- You broke a leg at work in an accident with a careless forklift driver.
If you believe you have a compensation claim for an accident on a farm, contact our advisors for free advice today.
When it comes to a solicitor working out how much farming accident compensation a claimant should receive they’ll generally use two separate types of damages.
One part of the claim that covers your injuries is called general damages. This aims to compensate you for any pain, suffering or loss of amenity. Additionally, a special damages claim could be made if your injuries have led to a loss of income, medical costs or other expenses. For longer-term illnesses, care costs or home adaptations to improve your quality of life could also be paid.
Due to the way injuries vary, we can’t tell you the exact amount of compensation that might be paid for farming accident claims without all of the details. However, insurers, courts and legal professionals refer to the Judicial College Guidelines (JCG) when settling claims. It provides a list of injuries and compensation levels. This means that personal injury solicitors can provide compensation estimates after reviewing your case.
Rather than guesstimating what your claim might be worth, you could use our compensation calculator below, or for a personalised estimate, you could call one of our specialist advisors. They’ll conduct an assessment of your case and review any evidence for free. Once they’ve finished, they should be able to let you know what amount of compensation you could be paid.
After your free assessment, we could connect you with one of our personal injury solicitors if your case is deemed to be strong enough. So that the farm accident claims process is not too stressful, our solicitors operate on a No Win No Fee basis. That means you won’t need to worry about losing money on solicitor’s fees during your case.
Importantly, these figures are for indicative purposes only. When farming accident claims are won, there is no guarantee that compensation levels will match those listed here. Also, please bear in mind that we have not listed every different injury possible here. You could be eligible to claim for any agricultural injury so long as the accident that caused it was not your fault.
To help support your farm accident claim, you will typically need solid evidence. Therefore, we’d suggest that you:
- Report the incident so that an accident report is logged.
- Visit a hospital to have your injuries treated.
- Take photographs of the accident scene including the cause of the farming accident.
- Record details of any witnesses.
- Photograph your visible injuries.
If you’d like a personal injury solicitor to review your case for free, get in touch with us today and a solicitor could look over any evidence you might have thus far.
When claiming compensation for a farming injury, you must abide by the strict legal time limits. In cases where your injuries are immediately obvious (broken bones, head injuries, lacerations etc), you will have 3 years from the date of your accident to claim.
However, for farming accident claims based on illnesses sustained over a long period such as Farmer’s Lung or cancer, the 3-year time limit will not apply until the date your condition is diagnosed. This is known as the date of knowledge.
The time it will take for your claim to be settled will depend on whether your employer admits liability for a) the accident and b) the injuries you’ve sustained. In cases that are settled amicably, everything could conceivably be completed within 6 months. Cases that are contested and require further investigation could take over a year, or several years in more complex cases.
Please call us for a free review of your farming injury claim and advice on your options.
If you claim for an accident at work, we believe that having a specialist solicitor on your side is important. With their legal acumen and experience of injury claims, we believe they’ll make your claim easier and a lot less stressful.
Your solicitor could have a big impact on the chances of making a successful claim and, importantly, could help to ensure you are compensated at the right level.
We have a team of personal injury solicitors who have been managing cases on behalf of our clients for many years. If your case is taken on, we’ll appoint one to help you. As soon as you agree to claim with us, we’ll start the process to ensure no time is wasted.
When you start the farm accident claims process, your employer won’t deal with it themselves in most instances. It will be handed over to their insurance provider. Even in cases that appear clear-cut, insurers won’t payout unless evidence is available to prove what happened. Even if you do have evidence, the insurer might try to reduce your settlement amount if there is any doubt about the extent of your injuries.
Therefore, we suggest having a personal injury solicitor who has the skills to present your case on your behalf. Our solicitors work hard to gather evidence to support each case they take on. They’ll communicate with the insurer throughout the case so that you don’t need to and try to counter any objections raised. Importantly, they’ll make sure that you receive regular updates about your case too.
To find out more about your chances of making a successful farming accident claim with us, get in touch today by calling 0800 6524 881 to and you’ll receive a no-obligation case review and free legal advice about your options.