How Much Compensation Can I Claim For A Farming Or Agricultural Injury?
The agricultural and farm industry is considered, by the Health and Safety Executive, to be one of the most dangerous industries to work in today. A recent HSE full report suggested that farmers and workers in the agricultural industry are at far greater risk of sustaining an injury when compared with employees in other industries.
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 which 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 industry, providing them with an oversight of their legal options, should they wish to claim for compensation following an accident.
Select a section:
- A guide to accident claims for farming or agricultural injuries.
- 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 be claimed for after a farming or agricultural accident causing an injury?
- 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 farming and agricultural injury claims.
- Why choose us as your claims service for a farming or agricultural injury claim?
- Call for free advice and to start a claim.
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 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 farming or agricultural injury compensation. 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.
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. As we will discover in a later section, 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.
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 the next step.
In seeking 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. 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, this process can be simplified.
For example, placing a phone call to our law firm means you can take advantage of our free legal consultation. 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, a farming or agricultural claim can be made much easier.
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 compensation which 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 wages you may not be able to earn 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 claim, 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 injury.
- 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 because of 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 compensation but is not on this list, call us to discuss the matter in detail.
As noted by government statistics, the agricultural industry is only made up of roughly 1% of the working population. However, this 1% is responsible for 19% of the fatal injuries that are reported each year in workplaces. For non-fatal accidents, the number of injuries sustained by employees is triple that of employees in other industries.
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 HSW 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.
For example, there is the notion that employers are compelled 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 for a compensation claim 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.
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 claiming process less burdensome.
The Occupiers Liability Act of 1957 requires that any person who occupies premises is responsible for 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 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 a reasonable quality. If a manufacturing defect has caused an injury, then you may need to make a claim against the manufacturer when seeking compensation.
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 your compensation but it can also protect you from the long-term and unforeseen implications of your accident.
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 in the form of either farming injury compensation or agricultural injury compensation:
|Injury||Severity||Description of Injury||Compensation Awarded|
|Chest injury||Severe (iii)||The injuries that have been sustained are severe. The person suffers from prolonged pain.||£76,500 to £114,100|
|Chest injury||Severe (ii)||The injuries that have been sustained have caused permanent damage.||£50,000 to £76,500|
|Chest injury||Severe (i)||The injury sustained have caused major damage. The person may suffer from some disabilities.||£23,800 to £41,675|
|Chest injury as the result of chemicals||Moderate(i)||Inhalation of toxic fumes that leaves moderate damage. The damage is not serious enough to interfere with the person’s life.||£4,050 to £9,575|
|Chest injury||Moderate (ii)||The injury sustained has caused a collapsed lung. The person can make a full recovery.||£1,675 to £4,050|
|Chest injury||Moderate (iii)||The person has sustained a fractured rib which causes serious pain. The injury lasts for only a few weeks.||up to £3,000|
|Ear injury as the result of loud machinery.||Severe (iii)||The person has lost hearing in one of their ears.||£23,800 to £34,600|
|Ear injury as the result of loud machinery.||Severe (ii)||The person has become completely deaf.||£69,000 to £83,325|
|Ear injury as the result of loud machinery.||Severe (i)||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 as the result of a fall||Severe case (i)||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 £112,750|
|Neck injury as the result of a fall||Severe case (ii)||The injury that has been sustained has caused a fracture in the cervical spine. These fractures can lead to disabilities.||£50,000 to £99,500|
|Neck injury as the result of a fall||Severe case (iii)||The injury that has been sustained causes dislocation of the cervical spine leading to chronic conditions.||£34,575 to £42,550|
|Back injury as the result of a fall||Severe case (i)||The injury sustained has damaged the spinal cord.||£69,200 to £122,350|
|Back injury as the result of a fall||Severe case (ii)||The injury sustained has caused loss of sensation in certain parts of the body.||£56,375 to £67,200|
|Back injury as the result of a fall||Severe case (iii)||The injury sustained has fractured parts of the spine. As a result, a person may suffer from some disabilities.||£29,475 to £53,000|
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. 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.
Filing a claim can be a very strenuous and complicated process. 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. 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.
- A ‘No Win No Fee’ agreement to make your life easier.
When you’re fighting for 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.
You can chat to 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 your compensation claim could be.
If you have had a 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.