Agricultural Job Injuries and Lawsuits

Agriculture is one of the most hazardous industries in the country. Perhaps the only other industries as dangerous are mining and construction. The fact that so many migrant and seasonal workers are employed in the agricultural industry makes it's workers even more prone to accidents and injuries. The agriculture industry includes the following types of operations:

• farming
• agricultural services
• forestry
• commercial fishing

With so many operations involved in the agricultural industry, it is not surprising that there are a large number of injuries and deaths. There are approximately 21.3 fatal injuries per 100,000 agricultural workers.

Agricultural Injuries

• equipment and machinery accidents
• vehicle and fishing boat accidents
• exposure to harmful substances
• falls

Agricultural Workers and Causes of Injuries

Under federal law, U.S. employers are allowed to hire temporary workers to perform seasonal agricultural work. These seasonal and migrant workers from other countries are more prone to agricultural injuries because of language barriers due to a lack of English skills. As a result of this fact, injuries result from:

• a lack of safety information
• inadequate training on handling equipment, tools, and chemicals

Workers' Compensation for Injuries

This is available to a worker if the farming injury, fishing job injury, or forestry injury occurred during the course of employment. The worker is entitled to benefits for medical expenses of treatments and lost wages. However, some state workers' compensation laws may not cover some agricultural workers.

The Migrant and Seasonal Agricultural Worker Protection Act

Many states do not require agricultural employers to provide workers' compensation coverage for seasonal and migrant workers. But this federal Act applies to the following employers who recruit solicit, hire, employ, furnish, transport, or house labor contractors, agricultural employers, agricultural associations, or agricultural workers.

The Act mandate that certain minimum requirements for safety, record-keeping, and notices during the time the seasonal and migrant workers are employed.

Under the Act, these seasonal and migrant workers must be informed whether state workers' compensation or state unemployment insurance is provided to them. Violations under the Act allow the worker to sue for money damages in federal court.

Third Party Lawsuit

In addition to workers' compensation, a lawsuit against a third party for negligently causing an agricultural accident that leads to injury or death is available. Typically, these lawsuits involve defects in:

• the design of equipment and machinery
• or failure to warn of hazards or improper use of chemicals and pesticides

Help from a Lawyer

An accident attorney experienced with farming injury, forestry injury, fishing job injury, and other agricultural injuries can advise as to the legal rights and options for permanent and seasonal workers.