Injured on a Colorado Farm? Your Rights to Compensation After a Farm Accident

Each year, numerous hard-working individuals face injuries while working on Colorado farms. The agricultural sector, while vital to the state’s economy, is unfortunately one of the most dangerous in the United States. In 2022, there were 453 fatalities within the agricultural sector. If you’ve been injured in a farm accident, understanding your rights and options for compensation is crucial.

The Risks of Farm Work in Colorado

Colorado’s landscape is more than just the Rocky Mountains; nearly half the state is covered by farmland. Approximately 34,000 ranches and farms contribute significantly to the state’s economy, generating over $40 billion in revenue annually and providing more than 170,000 jobs. However, this productivity comes at a cost.

Farm work involves inherent risks, making it one of the most hazardous occupations. In 2021, the agriculture, forestry, fishing, and hunting industries recorded an occupational death rate of 20 deaths per 100,000 workers, significantly higher than the national average of 3.6 deaths per 100,000 workers.

Common hazards leading to injuries on Colorado farms include:

Machinery Accidents: Tractors, combines, balers, and other heavy equipment pose significant risks. Rollovers, malfunctions, and entanglement are major causes of injury.
Livestock Handling: Animals can be unpredictable. Kicks, bites, crushing injuries, and transmission of diseases are potential hazards.
Falls: Slippery surfaces, uneven terrain, and working at heights can lead to falls.
Chemical Exposure: Pesticides, herbicides, fertilizers, and other chemicals can cause skin irritation, respiratory problems, and long-term health issues.
Confined Spaces: Silos, grain bins, and manure pits can contain toxic gases and lack oxygen, posing asphyxiation risks.
Transportation Accidents: Accidents involving farm vehicles on public roads or within the farm premises.
Electrical Injuries: Contact with power lines or faulty electrical equipment.
Extreme Weather Conditions: Heatstroke, hypothermia, and other weather-related illnesses.

Understanding Your Rights to Compensation

If you’re injured while working on a Colorado farm, several avenues for compensation may be available:

1. Workers’ Compensation

In Colorado, nearly all employers with at least one full-time or part-time employee are required to carry workers’ compensation insurance. This includes agricultural employers. Workers’ compensation provides “no-fault” benefits, meaning you don’t have to prove your employer was negligent to receive benefits. You can receive benefits even if you were at fault for your own injury.

What does workers’ compensation cover?

Medical Benefits: Coverage for all necessary medical treatment, including doctor visits, hospitalizations, rehabilitation, and prescriptions.
Lost Wage Benefits: Compensation for a portion of your lost wages if your injury prevents you from working. This typically covers two-thirds of your average weekly wage.
Disability Benefits: Payments for permanent impairments or disabilities resulting from the injury.
Disfigurement: Compensation for permanent and visible scarring.

How to file a workers’ compensation claim:

Report the Injury: Notify your employer in writing within 10 days of the injury.
Seek Medical Attention: If the injury is not life-threatening, visit an employer-approved doctor.
File a Claim: Your employer should file a claim with the Colorado Department of Labor and Employment. If they don’t, you can file it yourself. The claim must be filed within two years from the date of the injury.

2. Personal Injury Claims

In some cases, you may be able to file a personal injury claim against a third party if their negligence caused your injury. For example:

Defective Equipment: If a faulty piece of farm equipment caused your injury, you may have a claim against the manufacturer.
Negligent Drivers: If you were injured in a car accident involving a farm vehicle, you may have a claim against the driver if they were at fault.
Other Contractors: If a contractor on the farm caused your injury, you may have a claim against them.

To succeed in a personal injury claim, you must prove that the third party was negligent and that their negligence caused your injuries.

3. Colorado Farm Worker Rights

Colorado has taken steps to protect farmworkers’ rights through legislation like the Colorado Farmworker Bill of Rights (CFBOR). This bill grants farmworkers rights such as the right to unionize, earn minimum wage, and qualify for overtime pay. It also establishes a right of access to service providers, including healthcare, education, and legal assistance.

Common Types of Farm Accidents and Injuries

Farm accidents can result in a wide range of injuries, some of the most common include:

Traumatic Brain Injuries (TBI): Often caused by falls, machinery accidents, or being struck by objects.
Spinal Cord Injuries: Can result from falls from heights or equipment, or from being crushed by machinery or livestock.
Broken Bones: Common in falls, machinery accidents, and livestock-related incidents.
Amputations: Often occur due to entanglement in machinery.
Respiratory Illnesses: Exposure to dust, mold, and chemicals can lead to chronic respiratory problems.
Hearing Loss: Prolonged exposure to loud machinery can cause permanent hearing damage.
Skin Disorders: Contact with chemicals, plants, or animals can cause skin irritation, rashes, and infections.
Heatstroke and Dehydration: Working in extreme heat can lead to heat-related illnesses.

The Importance of Legal Representation

Navigating the legal complexities of a farm accident claim can be challenging. An experienced Colorado farm accident attorney can help you:

Understand Your Rights: An attorney can assess your situation and explain your legal options.
Investigate the Accident: They can gather evidence, interview witnesses, and determine the cause of the accident.
Negotiate with Insurance Companies: Insurance companies may try to minimize your compensation. An attorney can negotiate on your behalf to ensure you receive a fair settlement.
File a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.

Recent Tragedy Highlights Farm Safety Concerns

A recent incident at a dairy farm in Keenesburg, Colorado, where six workers died due to gas exposure in a confined space, underscores the critical importance of farm safety. This tragedy is a stark reminder of the dangers faced by farmworkers and the need for strict adherence to safety protocols.

What to Do After a Farm Accident

Seek Medical Attention: Your health is the top priority. Get immediate medical attention, even if you don’t think you are seriously injured.
Report the Accident: Notify your employer immediately and file an official accident report.
Document the Scene: If possible, take photos and videos of the accident scene, the equipment involved, and your injuries.
Collect Witness Information: Gather contact information from any witnesses.
Consult an Attorney: Contact a Colorado farm accident attorney to discuss your rights and options.

Colorado Farm Safety Regulations

Colorado has implemented various regulations to promote farm safety, including:

Produce Safety Rule: Farms that grow produce typically consumed raw must comply with the Produce Safety Rule, which sets standards for water quality, food contact surfaces, and worker hygiene.
Agricultural Heat Safety Regulations: Employers must provide adequate shade, clean drinking water, and cool-down rest periods when temperatures reach 80°F (26.6°C) or higher. Additional precautions are required under increased risk conditions, such as temperatures exceeding 95°F (35°C).
Worker Protection Standard (WPS): Requires employers to provide protective equipment, training, and decontamination sites for workers handling pesticides.

Resources for Colorado Farmworkers

Several organizations in Colorado provide assistance to farmworkers:

Colorado Legal Services: Offers free legal assistance to farmworkers with various legal issues, including unpaid wages, dangerous working conditions, and on-the-job injuries.
The Migrant Farm Worker Division of Colorado Legal Services: Provides education, advocacy, and legal representation to farmworkers throughout Colorado.
Colorado Department of Agriculture: Administers the Produce Safety Program and provides resources on food safety.
Colorado State University Extension: Offers educational programs and resources on agricultural safety.

Don’t Delay – Seek Legal Help Today

If you’ve been injured in a farm accident in Colorado, don’t wait to seek legal assistance. Contact a qualified attorney to protect your rights and pursue the compensation you deserve. With the right legal representation, you can focus on your recovery while ensuring your future is secure.