Updated On 14th August 2024. Owing to the presence of machinery, heavy loads, sharp tools and live animals, farming presents considerable risks to health and safety. You could be entitled to farm accident compensation if those in charge of the farm do not take suitable precautions to prevent injuries.
You’ll see information on the eligibility criteria in farm accident claims, alongside some examples of injuries that could occur on a farm if safety standards are not followed. We also look at how you can prove that the actions of your employer caused you to be injured.
We have also covered how compensation is calculated in personal injury claims under the two relevant heads of loss. The final section looks at the No Win No Fee agreement offered by our panel of solicitors.
Read on to learn more about personal injury claims or to check your eligibility to claim, you can contact an advisor.
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Select A Section
- What Accidents Could Lead To A Farm Accident Claim?
- Agricultural Equipment And Machinery Accidents
- What Injuries Can Be Caused By A Farming Accident?
- What Evidence Do You Need In Farm Accident Claims?
- Farm Accident Compensation Calculator
- Why Choose Legal Helpline For Your No Win No Fee Claim?
What Accidents Could Lead To A Farm Accident Claim?
Successful farm accident claims revolve around proving that your injuries were caused by third-party negligence. Concerning a farming accident, in particular, this negligence could be from the owner of the farm or the person who has trained or not trained you sufficiently to perform certain tasks.
Various accidents could cause injuries on farms. Common farm accidents include:
- Slips, trips and falls
- Manual handling
- Farm animals
- Falls from heights, such as when working on ladders
- Being struck by a moving object, vehicle or machinery
- Exposure to toxic chemicals, resulting in a chemical burn at work
- Defective work equipment
- Electrocution from electric fences, for instance
However, to seek compensation, you must be able to prove that a third party breached the duty of care they owed you and caused you harm as a result.
For example, a worker is expected to carry out extensive manual handling as part of their duties. However, they do not receive any training. This results in them incorrectly lifting a load and sustaining a back injury. This is due to the employer breaching their duty of care, as they did not assess the hazard or provide proper training.
To claim compensation, you need to be able to prove that your injuries were caused by negligence. To see if you can make a farming accident claim, contact us for free using the above details.
Agricultural Equipment And Machinery Accidents
Farm equipment accidents can lead to serious injuries, particularly if the machine is faulty or incorrectly used. For example, uneven surfaces mean tractors can be at risk of overturning and causing crush injuries.
The Provision and Use of Work Equipment Regulations 1998 (PUWER) sets out a duty to those who own, operate or have control over work equipment, this includes people and organisations. Businesses and organisations also have a responsibility to their employees who use work equipment even if they don’t own it.
It is the responsibility of the farm owner to ensure that equipment is regularly checked for health and safety risks so it can still be used for its intended purpose. Furthermore, farm workers need to be trained on how to use such equipment safely without risking injury.
Therefore, if you can prove that your injury was caused by the farm owner in question, you may be able to claim compensation.
What Injuries Can Be Caused By A Farming Accident?
There are various injuries you could suffer as a result of a farming accident. The amount you could receive from a farm accident claim depends on many factors, including the severity of the injury. Some of the potential injuries that farm workers could experience include:
- Crush injuries
- Broken bones
- Lacerations
- Dislocations
- Loss of limbs and amputations
- Burns
- Suffocation
- Head injuries
- Brain injuries
- Organ damage
- Psychological injury
It’s important to remember in farm accident claims that you can claim for multiple injuries as long as you can prove that your injuries were caused by the same act of negligence. For example, an injury from farm animals could lead to you suffering a fracture and a serious brain injury. To see if you can make a farming accident claim, contact us for free using the above details.
Farmers’ Lung
Farmer’s lung is a disease caused by an allergic reaction to mould in some crops, such as hay. It is an example of hypersensitivity pneumonitis, where your lungs develop an immune response to something you breathe in. This results in inflammation of the lung tissue.
The symptoms include:
- Shortness of breath
- Coughing
- Fever
- Joint pains
Respiratory disease is a serious occupational risk for people working in the agricultural industry, such as on a farm. A hazard should be assessed, and as far as is reasonably practicable, the risk should be removed or minimised accordingly by your employer.
If you have experienced any of these symptoms due to negligence, contact a member of our team. They can provide guidance on whether you’re able to claim farm accident compensation.
What Evidence Do You Need In Farm Accident Claims?
Following a farm accident, you should seek immediate medical attention. This could not only be beneficial to your health but could also provide medical evidence of your injuries. It is important to gather evidence to prove the negligence that caused the injuries. It is only by providing sufficient evidence that you will be able to claim compensation.
Evidence is crucial to the farm accident claims process. Potential evidence that could be used in farm accident claims include:
- Photographs of your injury, the accident site and your recovery.
- Copies of your medical records showing your injuries and treatment. This can highlight the extent of your injuries and show how the accident has impacted you.
- Contact details of any witnesses.
- The copy of the accident report from your employer. In many cases, your employer should fill this out so that there is an official record of the accident taking place.
- CCTV footage, when possible.
- Records of the training you have received. This can be useful as you may be able to make a farm accident claim if your training has been insufficient, leading to an injury.
- Notes from you about how the accident occurred and the injuries that have been created as a result.
Personal injury solicitors can help you collect evidence as part of your farming accident claim. This can take a lot of the pressure off you and help you focus purely on recovering from your injuries. To see if you can make a claim, contact us for free using the above details.
Farm Accident Compensation Calculator
When making a compensation claim, there are two potential categories of compensation, general damages and special damages.
Compensation for the psychological and physical suffering and pain caused by the injury is awarded through general damages. Furthermore, it also accounts for the impact the injury has had on your quality of life. Other aspects considered include:
- Emotional distress and mental anguish
- Loss of amenity
- Physical impairment
- Scarring and disfigurement
- Potential loss of a career
In the table below, figures have been taken from the Judicial College Guidelines (JCG), to provide guideline compensation amounts for different injuries that are based on previous court settlements in England and Wales. Legal professionals, such as solicitors, can use this text to help them value general damages.
These figures should be considered a guide only as accident claims are always unique, based on the particular complexities surrounding each claim. Please note, the top row was not taken from the JCG.
| Injury | Details | Guideline Compensation Bracket |
|---|---|---|
| Multiple Severe Injuries and Related Expenses | Settlements could include compensation for more than one injury plus related costs and loss of earnings. | Up to £1,000,000+ |
| Very Severe Injury Resulting from Brain Damage (a) | The person will show little evidence, if any, of a meaningful response to the environment. There will be a need for nursing care full-time. | £344,150 to £493,000 |
| Amputation of Arms (b) (i) | One arm is amputated at the shoulder. | Not Less Than £167,380 |
| Chest Injury (b) | There will have been a traumatic injury to the chest, lungs or heart, causing permanent damage and other symptoms. | £80,240 to £122,850 |
| Chest Injury (e) | There will be residual damage from toxic fume inhalation. It will not be serious enough to affect lung function permanently. | £6,500 to £15,370 |
| Injuries Affecting Sight (d) | The person will have totally lost one eye. | £66,920 to £80,210 |
| Deafness/Tinnitus (c) | The person will have totally lost hearing in one ear. | £38,210 to £55,570 |
| Wrist Injury (b) | There will still be some useful movement, however, the person will suffer from a permanent significant disability. | £29,900 to £47,870 |
| Moderate Back Injury (b) (ii) | There will be a disturbance of ligaments and muscles causing backache. There may also be a worsening of a pre-existing back condition. | £15,260 to £33,880 |
Can I Make A Claim For Financial Losses?
Furthermore, you can also claim for financial losses in a personal injury claim. Special damages compensate you for certain past and future monetary losses caused by the injury. Examples include:
- Care and treatment costs
- Loss of earnings
- Housing alterations
- Travel expenses
- Mobility or hearing aids
- Costs of psychological treatment, such as therapy and counselling
- Long-term medical costs, such as prescriptions and rehabilitation.
For your compensation claim to include financial losses, you must have sufficient financial evidence showing the extent of these losses. For example, you may keep travel tickets, bank records, payslips or invoices.
If you have any more questions regarding how much farm accident compensation you could be entitled to or want to see if you can make a claim, contact one of our advisors for free today.
Why Choose Legal Helpline For Your No Win No Fee Claim
Certain personal injury solicitors could work your case on a No Win No Fee basis. Using a No Win No Fee solicitor when claiming farm accident compensation can mean you don’t have to pay upfront for their services. You also do not pay for your solicitor’s services if your claim is unsuccessful.
On the other hand, if your claim is successful, your solicitor will take a small percentage of the compensation, known as a ‘success fee.’ The law caps the percentage, meaning your solicitor cannot overcharge you.
This type of No Win No Fee service is known as a Conditional Fee Agreement (CFA). The solicitors from our panel can offer their services on this basis.
Contact our advisors for an assessment of your potential claim. They could place you in contact with a specialist solicitor from our panel if they believe you may be able to make a claim.
To get in touch:
- Call us on 0333 000 0729
- Contact us by filling in our online form
- Speak to us via our live chat feature on the page
Related Industrial And Agricultural Accident Claim Resources
Further pages from our site:
- Tinnitus Compensation Claims Guide
- Inadequate Protective Equipment Injury Claims Explained
- Head Injury Claims Guide
External pages to take a look at:
Thank you for reading this guide to claiming farm accident compensation. If you have any other queries about the claims process, please get in touch using the contact details above.
