Farm Accident Claims – A Guide to Claiming Compensation

Farming, while essential, carries with it significant risks according to statistics. Legally, farm owners or employers must protect their staff from these risks. If they fail to do so and a farmworker is injured as a result, they may be entitled to file a farm accident claim to compensate them for their pain, suffering and financial losses. Therefore, we’ve written this guide to claiming compensation for accidents on farms due to the employer’s negligence.

To support you further, our team provides free legal advice during a no-obligation initial consultation if you’re thinking about claiming. If they believe the claim is valid, you could be partnered with one of our specialist solicitors who’ll represent you on a No Win, No Fee basis if you agree to work together.

If you’d like to ask us any questions about farming injury claims, you can:

• Speak to an advisor on 0333 241 2519.
• Use our free live chat service.

If you’ve been injured in a farming accident, getting legal advice as soon as possible after the incident can significantly enhance the chances of receiving compensation for the pain, suffering, and financial losses you’ve incurred as a result.

Can I Make a Farm Accident Claim?

The first thing that needs to be established if you’re to make a farm accident claim against your employer is that they owed you a duty of care at the time of your accident. Legally, this is quite straightforward because all farmworkers are covered by the Health and Safety at Work etc. Act 1974.

This law means that farm owners should:

• Conduct risk assessments on the farm regularly and try to remove any dangers identified.
• Train staff properly about health and safety on the farm.
• Ensure all vehicles and farming equipment are well-maintained and repaired when required.
• Use warning signs to identify any known dangers that can’t be removed.
• Provide personal protective equipment (PPE) for free where needed.

If the employer does not uphold their duty of care towards the farmworker’s safety, it could entitle you to compensation for any resulting injuries.

Importantly, you could be entitled to claim compensation for a farming accident when:

• You were owed a duty of care by your employer.
• Your employer caused your farm accident because they were negligent.
• You suffered an injury as a result.

If you would like us to check if you might be eligible to start a farming accident claim, call the number above today.

What Types of Negligence Could Lead to a Farm Accident Claim?

It would be impossible to list every potential scenario that could lead to a farmworker being injured here. However, we’ve listed a few scenarios that could lead to a farm accident claim for reference:

• A farm labourer was trapped after poorly stacked hay bales collapsed onto him. He suffered a concussion and several fractured bones as a result.
• Due to a poorly maintained tractor, its driver lost three fingers on their hand when uncoupling a trailer.
• A farmworker was crushed by a herd of cows because they’d not been trained on how to work safely with cattle. As a result, she suffered serious head and orthopaedic injuries.

Whatever the type of accident on a farm you’ve been involved in, call us today and we’ll check if you’re entitled to compensation.

What Should I Do if I’m Injured in a Farming Accident?

If you are injured in a farming accident, you should:

• Make sure that you visit A&E or a minor injuries unit for proper diagnosis and treatment.
• Report the accident to your employer at the first opportunity.
• Write down what happened while the accident is still fresh in your mind.
• Ensure the incident is logged in the farm’s accident report book.

Sometimes, farm accidents have to be logged with the HSE. As such, you should provide as much information as possible about your accident if asked to by an investigator.

What Evidence Can Be Used for Farm Accident Claims?

Proving how and why your accident on a farm occurred and how your injuries have affected you is vital if you’re to receive any compensation. The types of evidence that might be used in farm accident claims include:

• Witness statements from other farmworkers who saw what happened.
• An accident report form to prove where and when the incident occurred.
• Video footage of the accident.
• Copies of any medical records or X-rays to prove your injuries.
• Photographs that help prove the cause of the accident.

If you already have evidence to support your farm accident claim, please call and let us know. Even if you don’t, we’ll assess your claim for free to see if you’ve got a chance of being compensated.

What Time Limit Applies To Farm Injury Claims?

All accident-at-work claims have a 3-year time limit in the UK. This is defined in the Limitation Act 1980. For most farm accidents, the time limit starts on the date you were injured. However, there are some important exceptions and considerations:

• Mental Capacity: If the injured farmworker lacks the mental capacity to make a claim, there might be no time limit for claiming until their mental capacity is restored. In such cases, a litigation friend can be appointed to manage the claim on their behalf.
• Industrial Diseases or Conditions: For injuries or industrial diseases/illnesses that develop over time (e.g., respiratory diseases from exposure to chemicals or dust or repetitive strain injuries), the three-year period might start from the date you were diagnosed or the date you realised your condition was linked to your work on the farm.

It’s important in these situations to seek legal advice promptly. That’s because, if a solicitor agrees to represent you, they’ll need some time to gather evidence and complete other tasks before filing the claim. If you leave things too long, your farm accident claim could become statute-barred meaning you’d probably lose the right to claim any compensation you were entitled to.

How Much Compensation for a Farm Accident Claim?

The amount of compensation you’ll receive if you win a farm accident claim is generally based on:

• General damages – how you’ve suffered because of your injuries.
• Special damages – any money you’ve lost because of your injuries.

Usually, solicitors will consider your medical records and possibly an independent medical report to help value the general damages element of your claim. They may also use the Judicial College Guidelines (JCG) to request the correct level of compensation.

Special damages could be awarded in farming accident claims to cover:

• The cost of adapting your home if you’ve been left disabled.
• Lost income (and future losses if your ability to work is reduced).
• Medical treatment costs.
• Care costs.
• Travel expenses.
• Replacement costs for damaged personal property.

When you call for a free assessment of your farming accident claim, your advisor may be able to offer a potential compensation figure so please get in touch to find out more.

Can I Claim for Psychological Suffering Following a Farm Accident?

Any settlement you receive will factor in how you’ve suffered following your farm-related accident. Therefore, your compensation could cover any type of psychological suffering such as:

• Flashbacks, nightmares or sleep disorders.
• Post-Traumatic Stress Disorder (PTSD).
• Anxiety or distress.
• Depression.

This type of suffering can only be included in your claim if it has been proven by diagnosis. Therefore, your solicitor will request copies of your medical records as confirmation.

Can I Claim for a Fatal Accident on a Farm?

Unfortunately, some farm accidents lead to fatalities. If you’ve lost a loved one following a farming accident caused by their employer’s negligence, one of our specialist solicitors could help you to begin a claim.

We know that compensation won’t make it easier to cope with your loss. However, settlements can help you deal with any financial implications including:

• Funeral expenses.
• The loss of your loved one’s income if you were financially dependent.
• Loss of companionship.
• Any suffering endured by the deceased before death.

Please feel free to contact us if you’d like more information about how we can help.

Can I Claim Compensation if I’m a Zero-Hours Farm Worker?

It is important to note that anyone working on a farm is owed a duty of care by the employer with regard to health and safety. This includes zero-hours workers, contractors, consultants and part-time staff.

Therefore, if you’ve suffered an injury on a farm that was caused by your employer’s negligence, you could be entitled to begin a claim. If you would like us to check whether that’s the case for you, please get in touch today.

Will I Be Sacked for Claiming Farm Injury Compensation?

It is illegal for employers to pick on you for claiming farm injury compensation against them. As such, you can’t be fired, disciplined, demoted or treated differently as a result of your claim (so long as it’s for a legitimate injury).

If you have faced any negative consequences for taking legal action, speak to us as soon as possible as you might have grounds to claim for unfair or constructive dismissal.

Do I Have to Use a Solicitor When Making a Claim?

Legally, a farmer or farmworker doesn’t need to use a specialist solicitor when claiming personal injury compensation. However, it can often involve quite complex information and questions (both legal and medical) so having a specialist on your side could be beneficial.

For example, some of the services that our solicitors offer when making farm injury claims include:

• Ensuring the right evidence is collected to support your claim.
• Filing your claim on time and correctly.
• Dealing with the farmer’s insurance provider on your behalf.
• Potentially counter any arguments raised regarding your accident or injuries on a farm by supplying additional evidence.
• Aiming to secure the right level of compensation.

As our solicitors work under a Conditional Fee Agreement (CFA), you’ll benefit from a No Win, No Fee service. This means:

• No upfront payments for your solicitor’s work.
• You don’t pay for your solicitor’s services if the claim is lost.
• A success fee will be deducted from any compensation you receive.

When funding your solicitor with a CFA, the maximum success fee percentage is 25 per cent. As such, you’ll always keep the majority of any settlement paid.

How Long Do Farm Accident Claims Take to Settle?

The time taken to receive compensation in farm accident claims varies from case to case. Several factors can impact the length of time a compensation claim takes including:

• If the farmer/employer agrees that they caused your accident or not.
• Whether the extent of your injuries is a) understood and b) accepted.
• Whether you’ve recovered from your injuries or whether they’ll continue to affect you in the future.

While straightforward farming injury claims might be settled in 6 to 8 months, others that are more complex can take over a year. For the latter, your solicitor might request interim payments to help cover any financial difficulties if your employer has accepted liability for your accident.

Do Farm Accident Claims Go to Court?

In the large majority of cases, farming accident claims are dealt with by insurers and solicitors. Generally, they’ll always aim to settle amicably because court hearings can be costly and time-consuming.

However, some cases may end up in court. When that happens, the court’s first job is to determine if the farmworker’s employer is liable for the accident. If they are deemed to be to blame, the court will then decide on compensation levels.

For more serious injuries, the court could insist on a lump sum payment plus additional annual payments to cover care costs or similar expenses.

Contacting Us About a Farm Accident Claim

Hopefully, you’ve found this guide on farm accident claims useful and helpful. If you would now like to reach out to us to discuss your options, you can:

• Call us on 0333 241 2519 to explain your case to a specialist.
• Connect to our 24/7 live chat service at a convenient time.

We’ll provide no-obligation legal advice in a completely free initial consultation to discuss your options. If your claim appears to be feasible, we could connect you with one of our solicitors who’ll work on a No Win, No Fee basis if your farm accident claim is taken on.