If you have been injured in a farm accident, you could make a compensation claim against your employer. All employers, including farms, owe their employees a duty of care to take reasonable steps to ensure their safety in the workplace. In this guide we look at how and when you could be harmed working on a farm and how farm accident compensation claims work.
The guide looks at what farm accidents are, when your employer could be liable for any injuries and what could cause an agricultural accident. We also take you through the process of making a claim and look at how farm accident compensation could be awarded for different injuries. Finally we also take a look at claiming with the support of a No Win No Fee solicitor and answer some frequently asked questions about compensation claims.
To start your personal injury claim:
- Make an online enquiry using our ‘contact us’ form.
- Use the live support chat on this page.
- Call our advisors on 0800 408 7825.
Browse Our Guide
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- What Is A Farm Accident?
- Can You Make A Farm Accident Claim?
- What Are Common Causes Of Farm Accident Compensation Claims?
- How Do You Make Farm Accident Compensation Claims?
- How Could Farm Accident Compensation Be Awarded?
- Why Make A Farm Injury Claim Using A No Win No Fee Solicitor?
- Read More About How To Claim For An Accident At Work
- FAQs About Farm Accident Claims
What Is A Farm Accident?
A farm accident is any type of accident on a farm which was caused by your employer failing to comply with health and safety laws. Your employer may be the farm’s owner, or operator. Farming accidents could involve:
- Farming equipment,
- Farm animals,
- Manual handling injuries,
- Fires,
- Buildings, trees and similar facilities.
Find out more about farm accident compensation claims by speaking to a member of our team.
Can You Make A Farm Accident Claim?
As we have stated, your employer owes you a duty of care. This duty of care is set out in legislation such as The Health and Safety at Work etc. Act 1974 and applies whether you are an employee, temporary worker or contractor. If your employer negligently fails to protect you, you may have grounds to make a claim.
Farm workers could claim compensation if injured due to:
- Inadequate personal protective equipment (PPE),
- Inadequate training,
- Defective machinery and farm equipment accidents,
- Animal accidents and injuries,
- An unsafe working environment.
To claim compensation for manager negligence, you must show that:
- You were owed a duty of care as an employee or worker.
- The farm owner or operator acted negligently. Such as by failing to provide proper training in the use of farming equipment.
- That this failure to adhere to health and safety laws caused you to be injured, such as in an accident whilst operating farming equipment or machinery.
Find out more about reporting a workplace accident in our guide and contact our team to make a farming accident claim.
What Are Common Causes Of Farm Accident Compensation Claims?
The agricultural industry has the worst rate of fatal injuries for any of the major industrial sectors. With 27 deaths due to fatal agricultural accidents in the year 2022/23, the rate per 100,000 workers is as much as 21 times the all industry rate according to the Health and Safety Executive (HSE). The HSE regulates workplace health and safety. However, not all farm accidents will end in fatalities.
Common causes of farm accidents include:
- Accidents and injuries involving animals. Handling livestock and animals may require correct training and safety equipment. If your employer failed to provide you with equipment or training they could be responsible for any injuries suffered.
- Slips, trips and falls. Working on a farm may be muddy, slippery and hazardous. Employers should take steps to ensure that slip and trip hazards are minimised and that appropriate footwear is provided. If they do not and you fall at work, they may be liable for any injuries.
- Contact with machinery. Farm machinery should be well maintained and have applicable safety features installed to prevent contact with moving and/or sharp parts. If employers do not do so, you could suffer a serious injury.
- Being struck by a moving vehicle. Being struck by a moving vehicle, such a tractor or other large farm vehicle, can also result in a serious injury. Failing to properly secure, park or operate a vehicle could lead to a farm worker being run over.
- Manual handling. You may be asked to carry a heavy load without proper training or be asked to do so over unstable ground. Without being given proper training or lifting and safety equipment, you may be injured.
Talk to our team about farm accident compensation claims today.
How Do You Make Farm Accident Compensation Claims?
Next we look at how to claim for your injuries. Whether you were injured in an accident with farm animals, equipment or any other type of agricultural accident, your first step should be to get medical care. As well as ensuring that you get the treatment you need, getting medical care will start to create evidence which could support your claim. It is vital that you collect sufficient evidence that proves liability for your injuries as part of the process.
Additional evidence which could support your farm accident claim could include:
- Any photos or video you can take showing the scene of the accident and which document your injuries. You could take photos of your injury over time to show its progression.
- Copies of the accident report log which shows what happened and how it happened.
- Documents showing any income lost or other financial impacts.
- The contact information of anyone who witnessed the accident take place. They can give statements later in the claims process.
A No Win No Fee solicitor could help you gather the evidence necessary to make a compensation claim. Call a team member today to talk about farm accident compensation claims.
How Could Farm Accident Compensation Be Awarded?
How much your farm injury compensation claim may be awarded is dependent on:
- What injuries you suffered.
- How serious your farm injuries were.
- The wider financial impact the farm accident had on you.
As part of a compensation settlement you may be awarded damages for your physical injuries and psychological injuries caused by the accident. This part of your settlement is known as general damages. To calculate these damages, your solicitor and other parties involved in your claim may refer to the Judicial College Guidelines (JCG). This resource contains guidelines on compensation for a range of injuries.
The table below has been provided to illustrate how compensation could be awarded for farm injuries. The figures are taken from the JCG, with the exception of the top row.
| Injury Suffered | Level Of Injury | Guideline Amount |
|---|---|---|
| Multiple injuries with special damages | Serious to severe injuries | Up to £1,000,000+ with special damages. |
| Injuries involving paralysis | Paraplegia - B | £267,340 to £346,890 |
| Injuries involving paralysis | Shorter duration - C | £60,210 |
| Brain damage | Moderately severe - B | £267,340 to £344,150 |
| Brain damage | Moderate - C (i) | £183,190 to £267,340 |
| Neck injuries | Severe - A (i) | In the region of £181,020 |
| Post-traumatic stress disorder | Severe - A | £73,050 to £122,850 |
| Back injuries | Moderate - B (i) | £33,880 to £47,320 |
| Back injuries | Moderate - B (ii) | £15,260 to £33,880 |
| Shoulder injuries | Serious - B | £15,580 to £23,430 |
Additionally, you could claim for financial losses caused by your accident. This second head of a claim is known as special damages. To claim for these damages, you will need to provide supporting evidence.
Examples of special damages include:
- Loss of earnings and income.
- Medical expenses.
- Care costs.
- Home adaptations.
For further information on calculating damages in farm accident compensation claims, please contact our team.
Why Make A Farm Injury Claim Using A No Win No Fee Solicitor?
If you have had an accident working in the agricultural industry a No Win No Fee solicitor from our panel could help you to claim compensation. They are experienced in helping people to claim for a wide variety of accidents at work and could help to make the claims process easier to navigate.
A solicitor from our panel could help you to collect evidence and to ensure that your claim is submitted correctly. They can also negotiate with the defendant and help to ensure that you get the best possible settlement for your farm injuries.
Solicitors from our panel could offer their services under a Conditional Fee Agreement. The benefits of this type of agreement (sometimes called a No Win No Fee arrangement) can include:
- No upfront or ongoing payments for your solicitor’s services.
- No payments for your solicitor’s services if your farming accident claim isn’t successful.
If you win your case, the solicitor will deduct a success fee from your compensation awarded. There is a legal limit on the percentage which may be deducted.
Our team can help with farm accident compensation claims. Contact us:
- By calling 0800 408 7825.
- Through our ‘contact us’ form.
- Via our live chat.
Read More About How To Claim For An Accident At Work
These resources provide further information on claiming compensation for agricultural accidents.
- If you have had a hand injury at work, we illustrate how you could claim compensation with a case study.
- In this case study, we look at an example of a payout for a knee injury at work.
- If you have suffered an eye injury in a farming accident, learn more about how you could be awarded compensation with this case study.
References:
- You can learn more about health and safety in agriculture in this HSE resource.
- The HSE has produced the Farm Wise guide to health and safety.
- Find out more about safely using electricity in agriculture in this HSE guide.
FAQs About Farm Accident Claims
Find out the answers to some frequently asked questions about farm accident claims below.
Is There A Time Limit To Claim For A Farming Accident?
When making any personal injury claim, there will typically be a limitation period of 3 years in which the claim should be started. These are set out in the Limitation Act 1980. The time limit begins from the date of the accident. However, there are some exceptions to this.
How Long Does It Take To Claim For A Farm Accident?
Each farm accident compensation claim will be unique. Factors such as whether your employer accepts liability and the complexity of your injuries could impact how long the claims process takes.
Thank you for reading our guide to farm accident compensation claims. For further information, please contact our team today.