Defective Farm Equipment Injury – How Much Compensation Can I Claim?
By Daniel Archer. Last Updated On 4th April 2022. Welcome to our defective farm equipment claims guide. A high percentage of workers in the farming industry suffer a defective farm equipment injury because machinery is poorly maintained. If you suffered a farm work injury from employer negligence, you could be entitled to compensation for the pain and suffering you endured through no fault of your own.
Farmworkers are more at risk of being injured because an employer fails to keep equipment, vehicles and machinery in good working order. Farm equipment accident injuries can be extremely severe given the sheer size of many machines commonly used in what is already a dangerous workplace.
There are regulations to protect farmworkers who are regularly near large farm machinery and equipment. If an employer fails in their duty to keep you safe and you sustain a defective farm equipment injury at work, they could be deemed negligent, and you could be entitled to file for a compensation claim.
To find out more about how Legal Expert can help you file your personal injury claim, please click on the Select a Section below. We can then begin to manage your defective farm equipment claims.
Select A Section
- A Guide To Injuries Caused By Defective Farm Equipment
- What Are The Dangers Of Defective Farm Equipment
- Which Health And Safety Regulations Govern The Use Of Defective Farm Equipment?
- What Is The FVHCS (Farm Vehicle Health Check Scheme)?
- Can You Claim Compensation If Injured By Defective Farm Equipment?
- Common Types Of Farm Machinery Accidents
- What Should I Do After A Farm Equipment Accident?
- Calculating Compensation For Farm Equipment Accident Injuries
- No Win No Fee Farm Machinery Accident Claims
- How We Can Help People Injured By Farm Machinery And Equipment
- Useful Links
According to Health & Safety statistics, about 14,000 workers in the agricultural, forestry and fishing industries are injured annually throughout the UK. The most common risk is when people use machines and hand tools. The agricultural industry is a dangerous environment, especially when workers are not aware of the dangers of defective farm equipment or are not correctly trained to use it.
When farm equipment is poorly maintained, it puts workers at greater risk. PUWER regulations ensure you are kept safe, with employers having to maintain farm equipment routinely.
Employees and workers must be aware of any hazards associated with using farm equipment, and they must be sufficiently trained to do so. Employers must provide all employees with the correct safety equipment, and this includes gloves and protective eyewear. The employer must also carry out a full risk assessment for each machine that employees use.
The most common farm accidents occur due to defective farm equipment and machinery, which includes tractor accidents. Should an employer fail in their duty to keep their workers safe, they could be liable for injuries through their negligence. Please continue reading to learn more about defective farm equipment claims.
Farm equipment, machinery and vehicles must be in good working order because when poorly maintained, it puts workers at risk. A badly maintained tractor could have defective brakes or axles. Wheels and tyres are more likely to roll over, causing serious injuries to workers/drivers and anyone close to the vehicle.
A lot of agricultural equipment has moving parts, whether rotating rollers, chopping mechanisms, and PTO shafts, all of which should have protective guards to prevent clothing, arms, legs, and hair from falling into the machine. On top of this, agricultural equipment often has several sources of power, whether hydraulic, electrical and mechanical, which may also fail should they be defective.
Other common farm injuries that occur as a result of faulty/defective equipment include the following:
- Hydraulic lift fails and, as a result, falls, resulting in a crush injury
- An electrical stopping device malfunctions resulting in a worker being in a trap
- Hydraulic oil leaks from burst hoses travel with enough pressure that it results in skin, eyes and burn injuries
- Defective chains and ladders can break, injuring a worker or other person close by
The Provision and Use of Work Equipment Regulations 1998 (in Northern Ireland 1999) or PUWER was set to keep employees, employers, suppliers, contractors and anyone else safe when they are around or using machinery and equipment in the workplace. These regulations are in place to ensure that all machinery and equipment is as follows:
- So it is usable and suitable for the intentional purpose of usage
- That it undergoes routine maintenance to keep it safe for use
- Also, that it is only operational and in usage by qualifiable workers/people
- That it has a routine inspection by a qualifiable, competent person/worker
The regulations cover all work activity throughout the United Kingdom and offshore gas platforms and oil rigs. PUWER regulations apply to the following:
- All sole traders, together with equipment they use or control
- And all people under employment to manage or supervise use of equipment by other workers/people/contractor
All working environments for businesses, whether large or small, must adhere to PUWER regulations, including the self-employed, whether for profit or not.
PUWER regulations do not cover machinery or equipment for public use as this comes under the Health and Safety at Work Act 1974. They do not apply to anyone who sells or supplies equipment either, as it is a purchaser’s responsibility to ensure that machinery is installed and used for the correct purpose to prevent putting people at risk of being injured by defective farm equipment in the workplace. Any of these scenarios could potentially cause the accident that leads to your defective farm equipment claims. Medical negligence could also play a role if some injuries don’t receive a proper diagnosis.
The National Farmers’ Union (NFU), National Association of Agricultural Contractors (NAAC) and British Agricultural & Garden Machinery Association (BAGMA) got together to form the FVHCS with the end goal being to offer aid to both operators and farmers when it comes to complying with current legislation. It is a code of practice that sets out essential information on how farm and agricultural machinery is selected, used and maintained, which can be carried out using a specific set of forms.
It places a lot of emphasis on safety in an easy to understand format while specifying all you should include. This code of practice also highlights the importance of training and supervising young people entering the farming industry and any casual workers who might not experience this enough when it comes to using certain farm equipment. It also emphasises employees who are not familiar with the English language receive correct training before operating any farm or agricultural machinery.
Employers must also carry out daily checks on all machinery and repair defects as and when it is necessary to do so. No faulty equipment should be usable until it is fully operational and safe again. The employer’s responsibility is to keep maintenance logs up to date with relevant “check sheets” being provided through the FVHCS scheme. It is also crucial that a qualifiable person can make any repairs/maintenance on farm and agricultural equipment/machinery.
Any farm worker or other person who suffers an injury due to defective farm equipment in the last 3 years could file a claim for personal injury compensation. There are many regulations to protect farmworkers from suffering an accident at work, but there are instances where employers cut corners. As a result, they fail in their “duty of care” towards the people who work for them.
Poor maintenance of farm and agricultural machinery puts you more at risk of suffering injuries. However, using substandard replacement parts can lead to farm accidents, as servicing and carrying out modifications in-house.
If you sustain a defective farm equipment injury for any of the reasons above, your employer could be in breach of their “duty of care” towards you. However, many farmworkers are reluctant to file a claim against their employers for fear of putting them in a difficult financial position.
It’s worth noting that a defendant’s insurer pays out for successful claims, which in this case would be the farmer. In short, as an employee, you should not have any qualms about filing a personal injury claim against your employer and receiving the level of compensation you rightly deserve for the pain and suffering you endure through no fault of your own. So, contact one of our advisors to begin your defective farm equipment claims today.
There are many reasons why you may suffer a defective farm equipment injury, some of which are below:
- Suffering a crush
- Having an entanglement
- Clothing being drawn into moving parts of machinery (drawing-in)
- Severing and cutting
- High-pressure injection (fluid)
- Mobile machinery
All farmworkers are at risk of suffering injuries during their work, especially when they work with defective farm equipment. If you suffer an accident at work, we will assess your claim before offering free legal advice on how to proceed in filing a personal injury claim against your employer.
Having suffered a defective farm equipment injury, there are specific steps you should take as soon as possible following the incident if your injuries allow you to do so. Should your injuries be so severe you cannot do so yourself, someone should do this for you because the information is vital when filing a personal injury claim. The information is below:
- Seek medical attention – you must seek medical attention straight away, no matter how slight the injury is. A doctor would provide the necessary medical report detailing the severity of your injuries, all of which is vital when it comes to filing an agriculture & farm machinery accident claim.
- Note the location of the incident – it’s very important to note where the accident happens and the circumstances surrounding it.
- Witness contact details – note down witness contact details for potential witness statements, which will strengthen your claim
- Take photographs – providing photographic evidence of the incident and your injuries is essential because it provides proof of the accident and the severity of the injuries you sustained
- Expenses incurred – you must note and keep all records/receipts of out of pocket expenses you incurred as a direct result of the agriculture & farm machinery accident that left you injured. (For example, a loss of earnings.)
At Legal Expert, our team of personal injury solicitors cover all categories of personal injury claims. And we have years of experience in successfully representing clients in the past. So, we will initially assess your defective farm equipment claims before advising on the best way forward. We work closely to ensure you include all expenses you incur from a defective farm equipment injury.
Our personal injury claims calculator shows how much compensation you may receive for an injury from defective farm equipment. The figures are from the Judicial College guidelines and are ballpark amounts for successful personal injury claims.
Injury Notes Amounts awarded
Finger Injuries Soft tissue damage to loss of finger up to £21,910
Thumb injuries Soft tissue damage to severe thumb injuries which includes loss of digit up to £48,080
Hand Injuries Soft tissue damage to serious damage £800 to £11,640
Neck injuries Slight to very severe up to £130,060
Wrist injuries Slight to moderate £3,090 - £4,160
Leg injuries Slight to moderate up to £10,380
Foot injuries Minor cuts/lacerations up to £12,050
Arm injuries Minor
fractures between elbow and wrist to very severe permanent injuries
£5,280 to £104,370
Brain Damage Less severe to life changing injuries £11,000 - £1+ million
Spinal injuries Injuries involving paralysis tetraplegia £258,740 to £322,060
Head injuries Minor to extremely severe life changing damage £1,650 - £302,500
Chronic pain Complex regional pain syndrome (CRPS) £24, 580 to £73,670
Injuries that result in death (full awareness) £10,000 to £18,890
Loss of benefits Awarded when a person is unable to work which results in a loss of income for the time it takes for them to recover £5,500 to £550,000
Projected loss of earnings Amount awarded depending on how an injury negatively impacts a person's ability to work £11,000 to £440,000
No Win No Fee Farm Machinery Accident Claims
Farm accident claims can be complex because of all the legal jargon associated with this type of case. As such, the process can be expensive. But working with a personal injury lawyer takes the onus of finding funds for legal advice. It means your case can start ASAP without having to worry about a personal injury claims time limit.
Conditional Fee Agreements (CFAs) allow anyone to file for the compensation they rightly deserve without the worries of court cases.
You only pay when your case wins, and the legal fee comes from the amount you win. If your defective farm equipment claims are unsuccessful, you pay nothing for a personal injury solicitor’s services.
If you have suffered a defective farm equipment injury and need to know more about personal injury claims, a Legal Expert personal injury lawyer would be able to discuss your claim before advising you on whether you have a strong compensation case.
We have years of experience filing successful claims for clients in the past. And we cover all categories of legal matters, which includes farm machinery accidents. And we provide an initial, no-obligation consultation free of charge, enabling a solicitor to assess your claim.
Recognised by both The Law Society and the Solicitors Regulation Authority (SRA), Legal Expert works with a highly experienced team of personal injury lawyers and our No Win No Fee structure allows us to begin work on your case without you having to pay any upfront or ongoing fees for us to do so.
The link below provides essential information on PUWER (Provision and Use of Work Equipment Regulations).
The link below provides statistics on the number of fatal and non-fatal farm accidents in the UK:
If you suffer a farm accident, the link below offers essential information on claiming against your employer.
If you sustain an injury from dangerous or defective machinery, this provides valuable information on filing a claim.
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Defective Farm Equipment Claims FAQs
Why is farm machinery dangerous?
Agricultural machinery can have a lot of moving parts. They can be potentially very hazardous if not properly maintained and repaired. In addition, those using the machinery must, by law, receive proper training on how to do it safely.
Otherwise, serious injuries could be sustained. In some extreme circumstances, fatalities may even occur.
What are the most common causes of farm tool accidents?
There can be a number of scenarios in which a farm tool could be involved in an accident. For example, heavy machinery such as tractors may overturn, crushing people in its path.
Alternatively, some farmers may get their limbs trapped in the mechanisms of various pieces of farming equipment. If so, this could lead to amputation of the said limb or other severe injuries to that part of the body.
What are defective tools?
This is when equipment does not function the way that it should. To illustrate, it may be damaged. If someone continues to use this damaged tool, then they could be injured.
The equipment may have been damaged on-site. If so, then it is the employer’s responsibility to make sure that all relevant parties are made aware that they should not utilise the equipment. If they fail to make this fact known, they could be considered negligent if someone is then injured as a result.
Alternatively, the tools or equipment may have arrived from the manufacturer with undetected defects. In this scenario, you may be able to claim against the manufacturer for any injuries sustained by using the equipment.
What are the defects of farm equipment?
These include problems involving the likes of tractors, shredders and mowers.
What are the most common causes of farm tool accidents?
These include machinery overturning, asphyxiation, injuries involving animals, entanglements and falls.
How can you better handle farm equipment with problems or faults?
Tips include reading the manual, keeping equipment clean, dressing properly, having rests and not drinking.
What are the common types of defective farm equipment?
These include manufacturing, design and marketing defects.
What is a defective piece of equipment?
This is any equipment that doesn’t work properly that could cause harm to the victim.
What will happen if you use defective equipment?
This could result in the victim suffering injuries of varying levels of severity.
What are the 3 leading causes for human injury on a farm?
These are machinery defects, falls and problems involving animals.
How do you identify defective equipment?
You could see guard breaks, lack of grounding and ground wire and a tool blade crack.
Thank you for reading our defective farm equipment claims guide.