Tractor Accident Claims – A Guide to Claiming Compensation

It is fair to say that modern tractors have a lot of new features which make them a lot safer to use nowadays. However, tractor accidents do happen and they can result in a variety of different injuries. Crucially, if you’ve been involved in a tractor accident at work, it may be possible to seek compensation for any suffering you’ve endured. In this guide about claiming compensation for a tractor accident, you’ll read about how tractor accident claims work, the types of incidents you could claim for and how much compensation for tractor accidents might be paid.

To find out if you might be entitled to claim compensation following a tractor accident, you can call us for a free initial consultation. A specialist will review your case and explain your legal options. If they believe that a tractor claim is feasible, you could be connected to an accident-at-work solicitor. They’ll provide a No Win, No Fee service if you proceed.

If you’ve suffered a tractor injury at work and would like to talk to us about it, you can:

• Call 0333 241 2519 to speak to a legal advisor.
• Use our live chat service.

Promptly seeking legal advice following a tractor accident at work can enhance the chances of receiving compensation for the pain, suffering, and monetary losses you’ve incurred due to the incident.

Can I Make a Tractor Accident Claim?

Tractor operators across various industries, including agriculture, construction, and landscaping, owe all of their staff a duty of care as mandated by laws such as::

• The Health and Safety at Work Act 1974.
• The Provision and Use of Work Equipment Regulations 1998 (PUWER).

As a result of these pieces of legislation (and others), any business or organisation must make reasonable changes wherever possible to protect their staff’s well-being.

For instance, they may need to:

• Conduct risk assessments regularly and remove any hazards where possible.
• Train staff on how to operate a tractor safely.
• Ensure PPE is provided where needed i.e. safety gloves, high-vis jackets or protective eyewear.
• Produce safe working policies and ensure that they are followed.
• Use clear signage to highlight safe routes for tractors.

When considering the safety of using a tractor, PUWER means that they should be:

• Safe to use.
• Fit for the intended purpose.
• Maintained properly.
• Used by staff who had been given adequate training.

If your employer fails to meet their obligations towards your health and safety, their negligence could give you grounds to start a tractor accident compensation claim for any subsequent injuries if you can prove that:

• At the time of your accident, you were owed a duty of care by your employer.
• You were involved in a tractor accident in the last three years caused by their negligence; and
• Your injuries were caused by that accident.

To check if you have a feasible tractor accident claim, please don’t hesitate to call.

What Types of Tractor Accident Claims Can We Help With?

It’s important to emphasise that it’s not just tractor drivers that can make tractor injury claims. Anyone else hurt in an accident involving a tractor through no fault of their own might be entitled to compensation for their injuries.

Therefore, we’ve given some examples of the different causes of tractor accident claims below.

• Where the tractor driver had not been trained properly.
• Steering problems, brake failures and mechanical failures caused by poor tractor maintenance.
• Being told by your employer to work in adverse weather conditions resulting in poor visibility.
• Where the tractor is used to pull an attachment that is overloaded beyond its capacity.
• Where tractor operators are forced to work too many hours and cause accidents because of fatigue.
• Poor signage causing a tractor to be operated in an unsafe area.

So long as you can show that your tractor accident was linked to your employer’s negligence, you could be entitled to start a claim for any resulting injuries.

What Should I Do If I’m Injured in a Tractor Accident at Work?

It’s important to adhere to your health and safety responsibilities if you are injured in a tractor accident. Depending on your company’s health and safety policy, these responsibilities may include:

• Informing your immediate supervisor about the tractor accident as soon as possible.
• Ensuring the accident is recorded in the company’s accident report book.
• Getting a proper diagnosis and treatment for your injuries.

Additionally, some tractor accidents may need to be reported to the HSE (Health and Safety Executive). If they decide to investigate the accident in which you’ve sustained injuries, you should cooperate fully and provide any requested information.

What Evidence Can Be Used for Tractor Accident Claims?

Establishing that a) the tractor accident happened, b) it was ultimately caused by your employer and c) caused your injuries is vital if you’re to be awarded tractor accident compensation. To do this, you’ll need to collate as much evidence as possible such as:

• Photographs of the accident scene, the tractor and any visible injuries.
• Dashcam or footage from CCTV cameras.
• A copy of your medical records to prove your injuries.
• Details of any potential witnesses of your accident.
• Accident report forms or Health and Safety Executive (HSE) investigation reports.

If you don’t yet have the evidence to support your tractor accident claim, don’t worry. You can still call us to discuss your case and if it is taken on by an accident-at-work solicitor from our panel, they may offer to secure any evidence needed to prove your case.

How Long Do I Have to Claim Tractor Injury Compensation?

Legally, you have 3 years to make any type of personal injury claim. This requirement is set out in the Limitation Act 1980. Generally, the time limit for tractor-related injuries will begin from the date of your accident.

However, if you (or your loved one) have been seriously injured in a tractor accident at work and as a result lack the mental capacity to claim, the time limit may effectively be on pause until such time comes, if ever, when they regain capacity. In these situations, someone else can become the claimant’s litigation friend to seek compensation on their behalf at any point.

Crucially, if you start your claim too late, it could be rejected by your employer’s insurer. Therefore, we’d suggest that you get in touch with our team as soon as you’re able to so that you don’t miss out on any compensation that might be available to you.

How Much Compensation for a Tractor Accident Claim?

The level of compensation you receive for a tractor accident will depend on how badly you’ve suffered. General damages can be included in your payout to cover any pain and suffering you’ve endured. They can also cover any impact your injuries have on your social and family life or your other normal activities.

To ascertain how much suffering you’ve endured, your solicitor will collect copies of your medical records in the first instance. After that, they’ll probably arrange an independent medical assessment with a specialist and ask them to prepare a report on your prognosis.

After that, your injuries might be compared to any similar past cases and injuries listed in the Judicial College Guidelines (JCG) which will help your solicitor to value your claim.

Special damages could also form part of any settlement you’re paid to cover the financial impact of your tractor-related injuries. They could cover:

• The cost of full-time care at home if needed.
• Any lost income as well as future loss of earnings.
• The cost of making changes to your home to help you cope with permanent injuries and disabilities.
• Travel costs.
• Medical and rehabilitation expenses.

If you decide to make a tractor accident claim with one of our solicitors, they’ll work strenuously to make sure that all aspects of your suffering have been considered before settling your claim.

Can I Claim if a Loved One Died in a Tractor Accident?

Unfortunately, tractor accidents can result in life-threatening injuries and fatal injuries at work. While no amount of compensation would ever make the loss of a loved one any easier, it could help you if you’ve been financially affected by your loss.

Fatal tractor accident claims could include compensation to cover:

• The pain the deceased endured before passing away.
• Loss of companionship.
• Financial dependence on the deceased’s earnings or benefits.
• Out-of-pocket expenses including funeral costs.

If you would like to know more about how to proceed, please speak with a legal advisor. You won’t be put under any pressure to claim at any point but we will answer as many of your questions as possible.

Do You Need a Personal Injury Solicitor When Claiming for a Tractor Accident?

Claiming compensation for a tractor accident being operated in any industry can be quite a complex process. It can involve evidence gathering and quite difficult medical and legal questions if the case is contested. Even if it’s not, your employer’s insurers could try to limit the amount of compensation you’re awarded.

Therefore, while you can make a tractor accident claim yourself, it may be easier if you take on legal representation. If one of our solicitors offers to help you, they’ll deal with the whole claims process and any negotiations on your behalf. Their legal skills, training and experience should make the process much easier and could lead to a higher compensation payout. Please get in touch to find out more.

Can I Make a No Win No Fee Tractor Accident Claim?

If one of our solicitors offers to represent you, they’ll ask you to sign a Conditional Fee Agreement (CFA) before getting to work. The CFA allows them to offer a No Win, No Fee service. As the name suggests, you won’t pay your solicitor for their work unless your tractor accident compensation claim is won.

If there is a positive outcome to your case, any settlement you receive will be subject to a success fee deduction. To ensure you don’t give up too much of your compensation payout, the maximum percentage that can be deducted is 25 per cent of your payout.

Will the Claim Go to Court?

It is quite rare, in our experience, for tractor injury claims to be heard in a courtroom. That’s normally because your solicitor will have pre-vetted your claim before agreeing to represent you. This means that they will aim to reach an amicable agreement with your employer in the claims process.

However, as a very last resort, they might head to court if:

• Your employer doesn’t accept liability for your tractor accident despite clear evidence to the contrary; or
• A settlement offer is made that doesn’t reflect the level of your suffering.

If your tractor accident claim does need to go to court, your solicitor will be there to support you throughout the proceedings.

How Long Do Tractor Accident Compensation Claims Take?

It’s important to point out that tractor accidents can result in a wide range of injuries and different amounts of suffering. As such, compensation claims for tractor injuries can vary in length.

For instance, if you suffered an eye injury at work but medical experts believe you’ll make a full recovery quickly, you could receive compensation in around 4 to 5 months.

However, if you’ve suffered life-changing injuries following a tractor accident, more time might be required so that your prognosis for the future can be properly understood. Therefore, the claims process can take a year or more. In these scenarios, if your employer has agreed that they were liable for your suffering, you could receive interim payments before the claim is settled. This could help you to deal with loss of earnings, care costs and other expenses linked to your injuries.

Contacting Us About a Tractor Accident Claim

We are ready to support you if you need any help starting a tractor accident compensation claim. Our team can be contacted by:

• Calling 0333 241 2519 to tell us about your tractor accident.
• Using our online chat service to discuss your case night or day.

There’s no pressure or obligation to proceed with a claim following your initial consultation. However, if you decide to proceed with a claim, it’s worth reiterating that all accepted tractor accident claims are managed on a No Win, No Fee basis by our solicitors.