If you have been injured on a farm, sadly, you are not alone. Farming is one of the most dangerous industries in which to work.
A report by the Health and Safety Executive estimated that less than 2% of workers across all occupations sustained a work-related injury. By comparison, the proportion of agricultural workers injured through their job was over 4% – in other words – more than double what might be expected in other occupations.
Such dangerous work makes it all the more important that workers are protected. Employers have a legal duty to do everything reasonably possible to ensure the health and safety of the people that work for them. If they have fallen short in these duties, they need to be held to account.
But you don’t have to be a farm worker to claim for injuries sustained on a farm:
- If you were injured visiting a farm, the owner owes you a similar duty of care to ensure your health and safety.
- If a loved one was killed through a farming accident, then it is also possible to make a claim on their behalf.
You could be entitled to compensation for the pain, suffering, and other losses, caused by farm owners who have been negligent in their duty of care.
Truth Legal, based in Harrogate but with a presence in York, London and Manchester, can help you recover the compensation you deserve. With our expertise, you can bring those responsible to account and work towards repairing the damage caused by this injustice.
Accidents occurring on a Farm
Perhaps the statistics mentioned above are unsurprising when you consider the number of potential hazards that exist on a farm. Aside from the risks that come from any manual work, the nature of agriculture means that farms can be some of the most dangerous worksites in the country.
Amongst the many hazards are:
- Vehicles and machinery
- Chemicals or hazardous materials
- Vibrating tools and constant loud noise – which could lead to occupational health conditions
- High and low places of work – leading to the possibility of falls or falling objects
- Slippery or unstable working environments – such as slurry pits or grain silos
- Dust or spores – from mouldy straw, hay or grain. Breathing in these particles can lead to a respiratory disease called Farmer’s Lung – (or allergic aveolitis).
Frequently asked questions
In order to make a successful claim, there are several elements we have to prove:
- you were owed a duty of care by the farm owner
- they failed in this duty, or their standards fell short of those required
- you suffered an injury as a direct consequence of this
As mentioned above, farm owners owe a duty of care to workers and to visitors, so the first element is straightforward. It is the last two elements which are significant in many cases.
Examples of a farm owner failing in their duty of care could include:
- Failing to provide training on safe working practices
- Poor maintenance of vehicles or machinery
- Failing to display adequate warning signs
- Failing to provide any or adequate protective equipment, such as gloves, boots, ear defenders, or eye protection etc
Besides claiming for your injuries themselves, you can include many other expenses and losses which have resulted from your injuries.
With all additional losses, it is important to document them as much as is possible so that the loss, and the amount you are claiming for, can be proved.
Depending on the circumstances of your case, you could claim for:
- Travel expenses – to attend your GP or hospital, for example
- Medical expenses and treatment costs – such as painkillers or physiotherapy sessions.
- Care and assistance – if your injuries required a friend or relative to provide significant help in your daily life.
- Loss of earnings – if you took time off work and did not receive full pay, or you lost a bonus due to your absence.
- Future losses – if your working life is to be shortened, or if you are to earn less money in a new role you have had to take because of the accident.
This list is by no means exhaustive. If you have suffered other losses not mentioned above, then make sure you discuss these with us so we can advise you accordingly.
As with all claims, a time limit applies.
In general, you must begin your claim within 3 years of the date of the accident in question.
The time limit might be longer in certain situations. For example, if you are diagnosed with an occupational health condition, perhaps many years after it was caused, then the time limit would usually start running from the date of diagnosis.
A number of rules may change the time limits which apply to your case. If you are thinking of bringing a personal injury claim, or you are worried matters have been left for too long, contact us as soon as possible so that we can advise you on where you stand.
If the accident was not your fault, we are often able to conduct matters on the basis of a ‘No Win, No Fee’ agreement.
This means, in the vast majority of situations, that you will not have to pay our fees if we are unsuccessful in recovering compensation for you. On the other hand, if we are successful, our fees will be paid by a portion of your compensation award and also by the farm owner’s insurers.
If you have any concerns on how a personal injury claim is funded, we are more than willing to discuss matters with you in more depth. Please feel free to contact us.
We are personal injury specialists of the highest integrity, committed to recovering compensation for ordinary people who are entitled to it.
Whilst our head office is in Harrogate, Truth Legal also has virtual offices in York, Manchester and London. We are more than willing to sit down with you for a free, no-obligation consultation and to discuss any ways in which we can help you.
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Or if you would prefer to chat to us, you can get in touch by telephone on 01423 788 538.
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