Farm And Agricultural Accident Compensation Claims
By Stephen Lambert. Last Updated 7th October 2021. The agricultural industry is fraught with dangers. From heavy machinery to rogue animals, there are many potential causes of injury. In this guide, we’ll take a detailed look at farm accident compensation claims.
The agricultural and farm industry is considered, by the Health and Safety Executive (HSE), to be one of the most dangerous industries to work in today.
Because of the increased demands of physical labour, many employees are placed in situations far exceeding the risk faced by many workers in other roles. The injuries that these employees sustain may come from the animals under their care or a specific task that requires them to work at an elevated height. Trips, slips, falls, physical blows, and traction injuries are not uncommon.
This guide is designed to provide an introduction for anyone involved in the agricultural industry, providing them with oversight of their legal options, should they wish to claim farm accident compensation following an injury. If you would like more information on making claims for farming accidents, please speak to a member of our team today by calling 0800 073 8804.
Select a section:
- A guide to farm accident compensation claims.
- What is a farming or agricultural injury?
- What to do if you are involved in a farming or agricultural accident causing an injury.
- How to begin a farming or agricultural injury claim.
- What can you include in a farm accident compensation claim?
- The top 5 most common farming and agricultural injuries.
- Health and safety in the farming and agricultural sector.
- Farming or agricultural injuries at work.
- Farming or agricultural injuries in a public place.
- Farming or agricultural injuries caused by faulty equipment.
- Assessing the severity of a farming or agricultural injury.
- How much compensation will I get after a farming or agricultural accident causing an injury?
- No win no fee agricultural farm accident compensation claims.
- Why choose us to help recover farm accident compensation?
- Call for free advice and to start a claim.
- Farm accident compensation FAQs
This guide will inform you of all the necessary steps you need to take in order to file either a farming injury claim or an agricultural injury claim. As you continue to read this guide, you will learn of the many injuries that are common in the farming and agricultural industry, as well as the preparation you can do following such an accident. We’ll review the potential liabilities involved in a farming accident and how certain farm accident compensation payouts are decided.
By the end of this guide, you will have all the knowledge you will need to file a claim and seek farm accident compensation for your suffering. We’ll also discuss the benefits of working with professional legal advisers and the ways in which your case could be made easier with a law firm on your side.
If after reading this guide you still have questions to ask about farm accident claims, or would like to start your own claim, please don’t hesitate to contact our team.
How long to claim for an accident at work?
Adults making a personal injury claim following an accident at work have three years from the date of the accident, or the date of knowledge that the injuries or illness were work-related, to claim.
Farming or agricultural injuries occur when a worker or farmer is involved in an accident when working in a farming or agricultural role. Farming is still considered to be one of the most dangerous industries for employees, with the number of workers sustaining injuries triple that of the number of injured workers in other environments.
There are many ways in which farm or agricultural workers can sustain an injury, as well as ways in which members of the general public can be affected.
If you’re looking for a detailed breakdown of farm accident claims and the best action to take after an injury, then read on to our next section as it will be of help.
There are several steps that you should follow if you have sustained an injury as a result of a farming or agricultural accident. Your first priority should be to seek medical attention for any injuries or wounds you might have sustained. When your condition is stable, we advise that you consider the following steps:
Step 1: Try to take photographs of anything involved in the accident. This could be a piece of machinery or the scene of the incident. If there are any health and safety failings, these might be captured in the images. In addition, take photographs of the injury you have sustained, as this can prove very useful for any eventual court case after your wounds have begun to heal.
Step 2: If there were any witnesses around, try to obtain their contact details. Written testimonies or verbal testimonies of the accident will be of great help during the claiming process.
Step 3: Visit a doctor to get a medical exam. The medical examination will determine the severity of the injury along with the recovery time. If necessary, we can arrange for you to meet with a local doctor.
Step 4: Keep a medical journal detailing the pain you felt and the pain you continue to feel throughout the filing process.
Step 5: Reach out to a representative who can fight on your behalf.
After you have gotten as much evidence as possible, reaching out to a legal firm can help bolster the case and provide expert guidance as to farm accident claims.
When seeking farm accident compensation for the injury you have sustained, the steps outlined in the previous section can be hugely helpful. After you have completed all the steps and have acquired all the evidence you could attain, it is time to think about the beginning of your case. In order to do this in the simplest possible manner, we recommend that you discuss the matter with a solicitor.
There are many benefits to working with a legal professional when fighting for compensation for a farming accident. If you are recovering from a serious injury, for example, you may struggle to find the time and the energy to address all of the tiny details and to inform yourself of the vast complexities of the case. Even knowing where to begin with the filing of a claim can seem tough. However, with the right professional assistance from someone with experience with the farm injury claims process, this process can be simplified.
For example, placing a phone call to our law firm means you can take advantage of our free consultation with expert legal advice. In this meeting, we will be able to examine any evidence which you have managed to gather thus far. We offer representatives that have years of experience, who will help to instruct you on the many different options you can take when filing your claim.
If we believe that you have a viable case and if you chose to work with our team, we can take the next steps on your behalf. We can begin a fact-finding mission, searching for any evidence you have not yet uncovered. We can arrange for a visit to a local doctor in order to get a full diagnosis of the short- and long-term effects of your injury. We can even handle the paperwork and the administrative tasks, contacting the right people and putting your case in the best possible position.
With the right legal assistance, the claims process can be made both easier and more successful.
During the process of filing your claim for a farming or agricultural injury, there will be other expenses you may also wish to include. Depending on the circumstances of your accident, there are many forms of farm accident compensation that you can be awarded. These include (but are not limited to):
- General damages – these damages are directly related to the injury you have sustained while working on the farm and the pain and suffering you have endured as a result.
- Care claim – the fees you may have spent on having a nurse or carer to help you in the wake of an injury.
- Loss of earnings – any wages you have lost due to not being able to work as a result of the injury, as well as any future loss of earnings you may suffer due to long-term complications.
- Travel Expenses – the cost of any additional travel demanded by your injury – such as visits to see an out-of-town specialist – can be compensated.
- Medical Expenses – including any kind of medical equipment, medicine, or assistance you have required, such as wheelchairs, specialist appointments, or medical equipment for your home.
During the claiming process, it is important to take notes of all the expenses that relate to your injury. During the course of the farm accident claims process, we can ensure that you are fully compensated.
Farm and agricultural work is both extremely difficult and considerably dangerous. The physical nature of the job often leads to injuries. Listed below are the most common farming and agricultural injuries. In no particular order, these injuries include:
- Farm machinery accidents – with such diverse and powerful machines used every single day – for cutting, ploughing, drilling, and crushing – the occasional malfunction of these machines can lead to serious damage like head injuries.
- Farm vehicle accidents – injuries sustained from quad bikes, tractors, etc. A person might sustain an injury from driving one of these vehicles, especially if the vehicle was poorly maintained.
- Injuries from livestock – injuries you sustained because of a bite, kick or trampling by cows, pigs, sheep, and other farm animals.
- Falls from high places – such as barn lofts or grain silos.
- Injuries sustained from contact with electricity – with so much equipment and machinery used every day, often in wet and challenging conditions, malfunctions and accidents are not uncommon.
This list is by no means exhaustive, merely a breakdown of the most common injuries. In our capacity as legal experts, we have also witnessed many chemical accidents on farms, involving pesticides and other products which can be harmful to humans. If you believe your accident is worthy of farm accident compensation but is not on this list, call us to discuss the matter in detail.
As noted by HSE statistics, the agricultural industry is only made up of roughly 1% of the working population. However, out of the 142 worker fatalities reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), 34 were reported in agriculture, fishing and forestry. Construction was the only industry which recorded a higher number (39 fatal injuries).
For non-fatal accidents, the number of injuries sustained by agricultural, forestry and fishing employees is double that of the ‘all industry’ rate. That’s reflected in the graph below, which was included within a 2020 report by the HSE.
Although these statistics aren’t directly related to negligence, it’s possible that some of them at least could have led to farm accident claims.
With so many accidents occurring every year, there is an ever-increasing need to adhere to the laws and regulations proposed by the Health and Safety Executive. Accordingly, the Health and Safety at Work etc. Act of 1974 is designed to provide some measure of protection to those employed in the agricultural sector. Though the act itself is not designed with farming or agriculture specifically in mind, it does provide a number of different options that can help protect workers in this industry.
Health and Safety Statistics
Agriculture could be regarded as having one of the worst rates when it comes to worker fatal injuries per 100,000, and the total annual cost of injuries in the agricultural sector was estimated at 190 million. To combat workplace accidents, the Health and Safety at Work etc. Act 1974 compels employers to provide a safe working environment for their employees and that they adhere to the health and safety standards. It is when the employer is in breach of these regulations that the law becomes relevant to this guide, as this is the point at which the employer might be considered negligent. If your employer has acted in a negligent manner and has failed to adhere to the health and safety regulations – such as providing protective clothing, correctly signposting hazards, or providing the right training – then they may be liable to claim compensation should such an accident occur.
As such, if you believe that your employer was not acting in a responsible manner regarding your health and safety and you were injured, as a result, get in touch with our team and discover whether you have a valid claim for compensation after a farm accident.
If you have sustained an injury while working in any industry as explained in the previous section, you are protected by the law. Your employer may be held responsible for your safety and, if you have suffered an injury as the result of their negligence, you may have the right to claim compensation from them.
It is important that any injury you have sustained is documented. Gathering the right amount of evidence that proves the injuries you have sustained were caused by your employer’s negligence will make the farm accident compensation claims process less burdensome.
The Occupiers’ Liability Act 1957 requires that any person who occupies premises has a duty of care to reasonably ensure the safety of any visitors. The occupier’s duty is to maintain the welfare of their guest, even those who have not been invited or who are not authorised to be there.
In the case of a person sustaining a farming or agricultural injury in a public place, the person who will be responsible for any injury sustained could well be the occupier. In cases such as this, the occupier might refer to the local council, the owner of the land, the person who is renting it, or another party. Such matters can be complicated, so discussing the process with a law firm is often the quickest way in which to claim farm accident compensation in a case such as this.
The farmer’s responsibility – as it pertains to farm equipment and machinery – is to make certain that the equipment has a ‘CE” mark. The mark shows that the equipment that has been purchased and has been built to the minimum legal safety requirements, as established by the European Union. Along with this, farmers receive a certificate of conformity that concerns the safety of the equipment.
Any farmer who does not use equipment that has the ‘CE’ mark (or who hasn’t received the ‘certificate of conformity) has breached the Provision and Use of Work Equipment Regulation of 1998. This breach of the law will show gross negligence on their part and may entitle you to compensation should an accident occur as the result of this equipment malfunctioning.
Similarly, the equipment manufacturer also has a responsibility to provide products of reasonable quality. If a manufacturing defect has caused an injury, then you may need to make a claim against the manufacturer when seeking compensation.
Also known as allergic alveolitis, farmer’s lung is an allergy to mould developed as a result of breathing in dust from rotten crops over a long period of time. This condition has some telltale signs such as shortness of breath, fever-like symptoms, a persistent cough and pain in the chest.
If you’ve developed farmer’s lung as a result of third-party negligence, you could be able to claim compensation from them for any damage they’ve caused you. To learn more, please read on.
As evidenced in the section below, the severity of your injury can play an important role in determining the final compensation amount. Getting a thorough medical exam is the best way to assess the severity of the injury.
The medical practitioner will be able to examine the full extent of the injury and the report they give you can later be of use when you file a claim. The assessment can help to determine how long the injury you sustain will last, as well as any long-term effects.
Because agricultural work is not limited in its scope (meaning it can involve chemical work, maintenance work, animal work, etc.) there is the possibility of contracting an illness or suffering an injury and not being aware of the full implications. When the symptoms manifest at a later date, this can be a huge issue.
Getting a medical examination will not only help to get you the maximum compensation you deserve but it can also protect you from the long-term and unforeseen implications of your accident.
For more information on how much farm accident claims can be worth, read on to the next section.
The amount you can claim for a farming injury or the amount you can claim for an agricultural injury will be dependent largely upon the severity of the injury. Listed below are some of the injuries you may have sustained and how much you can be awarded:
|Injury||Severity||Description of Injury||Compensation Awarded|
|Chest injury||Severe||The injuries that have been sustained are severe. The person suffers from prolonged pain.||£94,470 to £140,870|
|Chest injury||Severe||The injuries that have been sustained have caused permanent damage.||£61,710 to £94,470|
|Chest injury||Severe||The injury sustained have caused major damage. The person may suffer from some disabilities.||£29,380 to £51,460|
|Chest injury as the result of chemicals||Moderate||Toxic fume/smoke inhalation, leaving some residual damage, not serious enough to interfere permanently with lung function.||£5,000 to £11,820|
|Chest injuries||Minor||Injuries leading to collapsed lungs from which a full and uncomplicated recovery is made.||£2,060 to £5,000|
|Ear injury as the result of loud machinery.||Severe||The person has lost hearing in one of their ears.||£23,800 to £34,600|
|Ear injury as the result of loud machinery.||Severe||The person has become completely deaf.||£69,000 to £83,325|
|Ear injury as the result of loud machinery.||Severe||This is the most severe of the cases. The person has lost their hearing, along with the ability to speak.||£83,325 to £107,000|
|Neck injury||Severe||The injury that has been sustained has resulted in incomplete paraplegia. The person has little to no movement in the neck.||In the region of £139,210|
|Neck injury||Moderate||The injury that has been sustained has caused a fracture in the cervical spine. These fractures can lead to disabilities.||£23,460 to £36,120|
|Back injury||Severe||The injury sustained has damaged the spinal cord.||£26,050 to £36,390|
|Back injury||Severe case||The injury sustained has caused loss of sensation in certain parts of the body.||£85,470 to £151,070|
As illustrated above, the amount you can hope to claim for a farming or agricultural injury is greatly influenced by the severity of the injury. The table should only serve as a reference point for what could be paid out in farm accident claims. Some personal injury solicitors will try to value your claim before knowing all the details; you should be wary of any value that they give you without knowing all the facts.
If you would like a more considered opinion on your potential settlement total, call us today for a free consultation.
The process of filing a claim can be very laborious. Having to worry about being compensated for your injury while having to seek a solicitor who can help fight on your behalf can slow down the recovery process. It can also be a costly process.
We offer a ‘No Win No Fee’ policy that reduces stress and stabilises your finances. This ‘Conditional Fee Agreement’ approach offers a risk-free, stress-free approach to claiming compensation.
Farm accident claims can be very strenuous and complicated. That is why we offer a free consultation before you decide to file a claim. We offer a myriad of benefits that you will not find anywhere else. We pride ourselves on our high success rate, our ethical approach, and our integrity, and are authorised and regulated by the Solicitors Regulation Authority. But most of all we pride ourselves on our relationships with our clients.
You can rest assured in the knowledge that you will have representatives who will do everything in their power to simplify this process and maximise your chances of success.
The benefits we offer include:
- Highly qualified representatives.
- Representatives with years of experience.
- A success rate you can rely on.
- A law firm who values honesty and integrity.
- A free, no-obligation legal consultation to discuss your available options.
- Representation on a ‘No Win No Fee’ basis to make your life easier.
When you’re fighting for farm accident compensation, you want the best team on your side. If you want our experts to help you, find out more by chatting with our team today.
Have you suffered an injury as a result of a farming or agricultural accident? If so, you can reach out to one of our representatives who will be able to help you file a claim and get the compensation you deserve. Our experts are always ready and waiting to help you and there are three ways to get in touch to discuss farm accident claims.
You can chat with our team through the website, you can fill out a contact form online, or you can call 0800 073 8804 and discuss the matter over the phone. Whatever your case, we can help. Call today to find out how easy we could make the claim process for you.
If you have had an accident on a farm whilst at work contact us today and we can give you free advice and let you know if you can claim compensation.
With high risks and high rates of fatal injury, farming and agriculture personal injury claims are very common. This HSE page explains more information on health and safety.
What is the average payout for a farm accident compensation claim?
When seeking compensation for a farming accident, the amount that could be awarded takes into account the injuries inflicted (and their severities) so payouts can vary.
How many farmers die a year in the UK?
According to a report published by the HSE, 41 agriculture workers were killed on duty during the period 2020/21.
Why is farming so dangerous?
Farming is often considered one of the most dangerous professions due to the various equipment and machinery involved.
What are the two types of injury claims?
Claims for personal injury can be split into general and special damages. General damages cover payments for injuries, and special damages compensate the injured party’s out of pocket expenses, like for medication and treatment.
How long can you make a claim after an accident?
Usually, you have three years to make a personal injury claim for compensation. In the case of industrial diseases, the three-year time limit runs from the date you were aware the symptoms were related to your work.
Can I claim for loss of income?
If you’ve taken time off work following an accident, then you may be able to claim for loss of earnings as part of the special damages head of your claim.
Can I get dismissed for having an accident at work?
When you’re injured as a result of your employer’s negligence, they can’t dismiss you for making a personal injury claim. To do so may constitute unfair dismissal.
Do I get full pay if injured at work?
When you’re off work due to illness or injury, you’ll receive Statutory Sick Pay as a minimum. You’ll receive it for up to 28 weeks.
Thank you for taking the time to read our guide relating to farm accident claims and farm accident compensation.