farm accident claims solicitors

What is the process to initiate a farm accident claim?

To begin a farm accident claim, it is advised to get in touch with expert accident at work solicitors. These professionals will listen to your account of the accident and assist you in gathering relevant evidence to support your claim. The evidence might include photographs, medical records, witness statements, accident reports, and CCTV footage if it is available. A claim can be initiated whether you were a worker on the farm or a visitor. It is important to note that there is usually a three-year time frame from the date of the accident to make your claim.

Once the evidence has been gathered, a ‘letter of claim’ is sent to the liable party, which can be your employer if you were working on the farm, or the owner of the farm if you were visiting. The claim is then prepared, taking into consideration the severity of your injury, any financial losses you have incurred, and the long-term impacts on your life. Meanwhile, the claim’s monetary value is calculated. If the party responsible for the accident accepts fault, the claim is paid out from their insurance. The solicitors’ fees are then taken from this compensation. It’s worth noting that these types of claims generally operate on a no win, no fee basis.

What kind of accidents on the farm can I claim for?

Several types of accidents on the farm can be claimed for. These vary from mild to severe and can range from injuries sustained through repetitive strain due to manual labour, to more serious injuries caused by farm machinery. Additionally, if you were a visitor to the farm and were involved in an accident, you may also be entitled to make a claim.

Specific incidents that might give rise to a claim include slips, trips, falls, back injuries, injuries from handling manually, electric shocks, injuries from defective machinery, inadequate training, needlestick injuries, or diseases caused by industrial work conditions such as vibration white finger, repetitive strain injury or industrial deafness.

Further examples of incidents that could lead to a claim include accidents involving farming machinery, livestock injuries, injuries sustained in grain silos or slurry pits, and even injuries related to specific conditions such as ‘Farmer’s Lung’, a condition caused by exposure to dust from mouldy hay, straw, or grain. The claim can also be related to injuries caused by specific machinery if they were faulty and caused harm, or if you were not adequately trained to use them.

In the event of a fatal accident on a farm, a claim can be made on behalf of the deceased. The agricultural industry has the highest fatal worker injury rate of any sector in Britain, and even minor injuries can be claimed for.

It is important to note that while you can make a claim even if you were partly at fault, you cannot generally make a claim if you were solely responsible for the accident. Also, there is generally a time limit of three years from the date of your accident to make a claim, although some exceptions may apply.

What are my legal entitlements when making a claim for a farm accident?

When you’re making a claim for a farm accident, you have several legal entitlements. Firstly, you are eligible to make a claim if the accident wasn’t your fault. The claim will then be paid out through the liability insurance of the responsible party. Another key factor is that you can make your claim on a no win, no fee basis, meaning you will only have to pay if your claim is successful.

Generally, you have up to three years from the date of your accident to make a farm injury claim, but there are exceptions to this rule. If you were a minor at the time of your accident, you are entitled to be represented by a ‘litigation friend’ up until your 18th birthday or you can represent yourself from age 18 to 21. If you were ‘mentally incapacitated’ after your injury, there is no time limit to make a claim.

Claims can be made not only by workers but also by visitors to the farm. The compensation you could claim for injuries as a result of a farm accident is not set in stone as each claim is unique. Compensation will be assessed based on your physical injury, any financial losses such as time off work, and the long-term impacts on your life.

To make a farm accident at work claim, you need to demonstrate that you were injured and that the person in charge of the farm was responsible. Farm owners, as employers, are required by law to maintain your safety by offering appropriate training, ensuring equipment is functioning correctly, and assessing risks regularly.

If you are able to prove that the accident wasn’t your fault, then you have the right to make a farm accident compensation claim. Evidence such as training records, medical reports, photographs, and witness statements could be used to support your case.

In the case of a workplace injury, what should be my immediate actions?

In case of a workplace injury, your immediate action should be to begin the process of making a farm accident claim. This would involve contacting expert accident at work solicitors and sharing the details of the incident. They will then assist you in accumulating evidence to back your claim. This evidence could encompass photographs of the incident site, CCTV footage if available, medical records, witness accounts, accident reports, and police reports where appropriate.

It’s important to remember that you usually have up to three years from the date of the accident to make a farm injury claim. Certain exceptions apply, for example, if the injury caused mental incapacitation or if the injury was due to faulty equipment whose faultiness was only discovered later during a product recall.

Once the evidence is collected, a ‘letter of claim’ will be sent to the employer or farm owner. The severity of your injury, any financial losses you’ve endured, and the long-term impacts on your life will be used to evaluate the claim and reach a settlement figure. If the fault is accepted by your employer or the farm owner, the claim will be paid out of their insurance. Solicitors’ fees are usually a percentage of this compensation amount and this is typically done on a no win, no fee basis, which means you only pay if the claim is successful.

Is it possible to claim for a farm accident if I am partially responsible?

Yes, it is possible to make a claim for a farm accident even if you were partially responsible for the incident. In instances of ‘partial blame’, a judge will assess the degree of fault attributed to each party involved in the accident. The compensation granted will be proportional to the degree of fault determined. For example, if both parties involved in the accident were found to be equally at fault, then the compensation settlement would be halved.

What evidence is required to support a claim for a farm accident?

In order to substantiate a claim for a farm accident, several pieces of evidence are required. This could encompass photographs, CCTV footage where it is available, medical records, statements from witnesses, and reports from accidents or the police where appropriate. These various forms of evidence can help support your claim by providing a detailed account of the incident, the extent of the injuries suffered, and the circumstances surrounding the accident.

How can I ascertain if I am eligible to make a claim for a farm accident?

To determine your eligibility for a farm accident compensation claim, you need to be able to demonstrate that you sustained an injury and that the person responsible for the farm was at fault. Farm owners, as employers, are required by the Health and Safety Executive to ensure your safety – this includes providing appropriate training, functional equipment, and conducting regular risk assessments.

Farms are often open to public visits, so owners also have a responsibility to keep visitors safe. Regular risk assessments should be conducted to minimise hazards. If you can show that the accident was not your fault, you could make a farm accident compensation claim.

Our expert solicitors can assist you, for instance, we could help to demonstrate that you weren’t adequately trained or that there were hazards on the premises. To substantiate the fact that you were injured, we’ll use your medical records, and may also request a secondary medical examination from one of our trusted advisors to support your case.

It is noteworthy that you generally have three years from the date of your accident to make a farm injury claim. However, there are exceptions; for instance, if you were under 18 at the time of the accident or if you were ‘mentally incapacitated’ due to the injury.

What are the typical causes of accidents on farms?

Farm accident claims are frequently made due to the hazardous nature of the farming environment. There are numerous potential health risks on a farm, such as machinery, animals, and toxic chemicals, all of which make farm work more dangerous than many other professions. Accidents on farms can lead to injuries that range from mild to severe. These can include repetitive strain injuries caused by manual labour, injuries from machinery accidents, or injuries sustained by visitors to the farm.

Farm injuries and accidents can be caused by a range of factors. Some of the most common causes of farm injuries include Farmer’s Lung, a condition caused by failing to take precautions to reduce humidity on the farm, which can lead to chest pain, breathing difficulties, fatigue, and fever. Accidents can also be caused by faulty or poorly maintained farming machinery, particularly if the operator has not been adequately trained in its use.

Livestock can also cause injuries on a farm. Farm animals can be unpredictable, and incidents can range from bites or kicks from horses to being crushed by larger animals. Further, accidents can also occur in grain silos or slurry pits, which are dangerous environments that can lead to breathing problems, loss of consciousness, or even death.

Slips, trips, and falls are also common causes of accidents on farms. Additionally, exposure to harmful substances, including toxic chemicals, can cause accidents and injuries. These are just some of the many potential causes of accidents on farms, highlighting the range of risks that exist within the farming environment.

What types of negligence can result in injuries to farm workers?

Negligence leading to injuries in a farm work environment can arise from various situations. One such scenario involves machinery on the farm. If the machinery is faulty and leads to an injury, it can result in a valid claim against the employer for not inspecting the safety of the equipment. Similarly, if an employer does not provide adequate training to the workers and an injury occurs, it could also lead to a successful claim.

Another type of negligence pertains to the handling of livestock. If a farm worker is injured by a farm animal, such as cows, pigs or horses, a farm injury claim can be made. Livestock can be unpredictable and injuries can result from bites or kicks, or even crushing injuries from larger animals.

Additionally, negligence claims can be made in cases of accidents involving grain silos and slurry pits, which can cause injuries leading to breathing problems, loss of consciousness or even death. If the farm owners fail to maintain a safe environment around these potentially dangerous areas, it can be considered negligence.

Furthermore, certain injuries could be related to specific conditions associated with farm work. For instance, if a farm worker develops a condition known as ‘Farmer’s Lung’, which results from failing to reduce humidity on the farm, a compensation claim can be made. This condition can cause chest pain, breathing difficulties, fatigue, fever, and in some cases further complications leading to death.

Within what period should a claim for a farm accident be made?

A claim for a farm accident should generally be made within three years from the date of the accident. However, there are certain exceptions. If the victim was under 18 at the time of the accident, they can either have a ‘litigation friend’ represent them until they turn 18, or they can represent themselves from age 18 to 21. If the victim was ‘mentally incapacitated’ following the injury, there is no time limit for making a claim. Meanwhile, if the injury was caused by faulty equipment and the fault was only discovered upon a product recall, the claim can be made within three years from the date of the recall.