Farming Accident Injury

Agriculture is one of the most hazardous industries in the nation. But the farming section is unique because it is one of the few industries where families (who work and live on the farm) are at risk for injuries along with the other farm workers.

Fatality rates are high with over 8,000 farmers and farm workers dying from work related injuries between 1992 and 2007. In 2008, the fatality rate remained high with 25.1 deaths per 100,000 workers. Young workers less than 20 years old are especially susceptible to a farming accident. Approximately 113 die annually from farm-related injuries. The leading cause of death is fatal injuries due to farm tractor rollovers.

Employer Liability for Farming Injuries

Like other workers, farm workers who suffer an injury on the job may file a claim for workers' compensation if:

• the injury is caused by an employer, or
• the injury is caused by a co-worker

But in some states, farm workers, especially migrant and seasonal workers, are excluded from worker's compensation coverage.

Employers also have a duty to follow federal and state laws promoting the safety of employees. This includes:

• following OSHA standards for safe working conditions for farm workers
• following EPA regulations for safe use of pesticides by farm workers

Third-Party Liability for Farm Injuries

It is possible for a farm worker to pursue a personal injury claim against a third party who may have negligently caused the farming accident and injury in addition to or in lieu of a workers' compensation claim. This is especially important when the injuries suffered are so severe that the limited benefits of medical expenses and lost wages under workers' compensation is not sufficient. Possible damages that can be collected from a third-party lawsuit include:

• pain and suffering
• mental anguish
• physical disfigurement
• loss of enjoyment of life

Help from a Farming Accident Injury Lawyer

It is important to consult with an accident attorney experienced with farm related injuries. Farm accident attorneys are well acquainted with federal and state farming laws and safety regulations.