Farming is an important industry in the UK. Some farming companies are family run but others employ farm workers to help keep operations ticking over. As employers, farmers will have a duty of care to try and protect any employees while they are working. That means they need to train staff properly, supply Personal Protective Equipment (PPE), and provide a safe working environment by removing as many risks as possible. The duty of care is the same whether you work on an arable, pastoral or mixed farm.
If a farm worker is injured because of employer negligence, then they may be eligible to make a farming accident claim for compensation. Therefore, we’ll explain the claims process within this guide.
Who Can Make Farming Accident Claims?
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.
Compensation claims are designed to cover any pain, suffering, or loss of amenity, plus any costs caused by the injuries. However, making a farming accident claim can be complex because you need to show that:
- Your employer was negligent in some way.
- As a result of that negligence, an accident took place.
- You suffered an injury or became ill as a result of the accident.
Negligence in farming accidents could be caused in several ways. For instance, your employer could be to blame for an accident if:
- You weren’t adequately trained.
- PPE was not provided to protect you.
- Farming machinery was not properly maintained.
- Your tools were faulty.
- You were tired because you weren’t allowed to take rest breaks.
To help support your farming accident claim, you will need 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. They’ll let you know their thoughts and tell you whether you could be entitled to make a farming accident claim.
Scenarios That Could Lead To A Compensation Claim For A Farm Accident
There are too many farming accidents to list here but we have provided a few incidents below that could lead to a claim. They include:
- Injuries caused by faulty or poorly maintained farming machinery.
- Slips, trips or falls caused by inadequate lighting, spillages, or uneven surfaces.
- Spillages leading to chemical burns.
- Illnesses caused by long-term asbestos exposure.
- Inhalation of mouldy dust from crops leading to extrinsic allergic alveolitis (Farmer’s Lung).
Later on, we’ll look at the evidence you could supply to help prove that your injuries were caused by your employer. For now, though, if you’d like us to review your farming accident claim for free, why not call us today on 0800 6524 881.
How Much Compensation For A Farming/Agricultural Accident?
There are many different factors that are used to assess compensation awards. As such, compensation awarded in a farming/agricultural accident claim could vary widely. Settlement figures are generally based on the extent of your injuries and any costs you’ve incurred as a result. Additionally, long-term suffering caused by life-changing injuries will be considered as well.
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.
Farming Accident Claims Compensation Calculator
If you’ve been involved in a farming accident that was not your fault, we could help you take legal action to claim compensation. Here are some of the more common farming injuries that we could help with:
- Farmer’s Lung.
- Burns and scalds.
- Back injury at work.
- Soft tissue injuries.
- Cuts and bruising.
- Fractured/broken bones.
- Mesothelioma (cancer caused by asbestos exposure).
The part of your 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.
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 compensation so long as the accident that caused it was not your fault.
Personal Injury Claims Time Limits
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.
How Personal Injury Solicitors Could Help You
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.
Why not get in touch today by calling 0800 6524 881 to see if we can help you claim? If one of our solicitors represents you, their work will be carried out on a No Win No Fee basis.
Important Considerations For Farming Accident Claims
When you start a farming accident claim, 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, please contact our advisors today and you’ll receive a no-obligation case review and free legal advice about your options.
Updated 30th July 2021.