Farm Safety Violations: How to File an Injury Claim

Farm Safety Violations: How to File an Injury Claim

Agriculture is a vital industry, but it’s also one of the most dangerous. Each year, thousands of farmworkers are injured or killed on the job. In 2022, the agriculture, forestry, fishing, and hunting industry had a fatal injury rate of 18.6 deaths per 100,000 full-time equivalents, significantly higher than the national average of 3.7 deaths per 100,000 FTE for all U.S. industries. If you’ve been injured due to farm safety violations, understanding how to file an injury claim is crucial to protect your rights and secure the compensation you deserve.

Common Farm Accidents and Injuries

Farms present numerous hazards that can lead to accidents and injuries. Some of the most common include:

  • Tractor Accidents: Tractor rollovers are a leading cause of death for farmworkers. Lack of rollover protection (ROPS) and inadequate training contribute to these incidents.
  • Machinery Entanglements: Getting caught in farm machinery such as augers, PTO shafts, harvesters, and balers can result in severe injuries, including amputations.
  • Falls: Falls from heights, such as ladders, silos, haylofts, and farm buildings, are a significant risk. Uneven ground and slippery surfaces also contribute to slip and fall accidents.
  • Livestock Handling: Animals can be unpredictable, and injuries from bites, kicks, and crushing are common.
  • Grain Bin and Silo Accidents: Suffocation from being trapped in grain or exposure to dangerous gases in grain bins and silos poses a serious threat.
  • Chemical Exposure: Pesticides, fertilizers, and other chemicals can cause short-term and long-term health problems if not handled properly.
  • Transportation Incidents: Accidents involving farm vehicles on roadways and non-roadway areas are a leading cause of fatalities.

These accidents can result in a wide range of injuries, including:

  • Broken bones and fractures
  • Crush injuries
  • Amputations
  • Traumatic brain injuries
  • Spinal cord injuries
  • Burns
  • Respiratory problems
  • Lacerations and punctures
  • Hearing loss

Understanding Farm Safety Violations

Farm safety violations occur when farm owners, operators, or employers fail to comply with established safety standards and regulations. These violations can significantly increase the risk of accidents and injuries. Examples of farm safety violations include:

  • Failure to provide adequate training: Employees must be properly trained on how to operate machinery, handle livestock, and work with chemicals safely.
  • Lack of safety equipment: Failing to provide necessary safety equipment, such as rollover protection on tractors, machine guards, and personal protective equipment (PPE), is a violation.
  • Unsafe working conditions: Maintaining a safe work environment is crucial. This includes keeping walkways clear, repairing hazards, and ensuring proper ventilation in grain bins and silos.
  • Improper chemical handling: Failing to follow safety guidelines for storing, handling, and applying pesticides, fertilizers, and other chemicals can lead to exposure and health problems.
  • Removing safety devices: Removing or disabling safety devices on equipment is a serious violation that can have deadly consequences.

Filing an Injury Claim: A Step-by-Step Guide

If you’ve been injured on a farm due to safety violations, here’s how to file an injury claim:

  1. Seek Medical Attention: Your health is the top priority. Get immediate medical attention for your injuries. This also creates a record of your injuries, which is essential for your claim.
  2. Report the Accident: Report the accident to your employer as soon as possible. Make sure to document the incident in writing, including the date, time, location, and details of what happened.

  3. Gather Evidence: Collect as much evidence as you can to support your claim. This may include:

    • Photos and videos of the accident scene, equipment, and injuries
    • Witness statements from anyone who saw the accident
    • Medical records, bills, and reports
    • Safety records and training manuals
    • Equipment maintenance logs

    • Determine the Type of Claim: Depending on your employment status and the circumstances of the accident, you may be able to file one or more of the following types of claims:

    • Workers’ Compensation: If you are an employee, you may be eligible for workers’ compensation benefits, which can cover medical expenses and lost wages, regardless of fault. Note that in some states, employers in the farming industry are not required to provide workers’ compensation insurance, regardless of how many employees they have.

    • Personal Injury Lawsuit: If your injuries were caused by the negligence of a third party, such as a farm owner, equipment manufacturer, or another contractor, you may be able to file a personal injury lawsuit.
    • Product Liability Claim: If defective machinery or equipment caused your injuries, you may have a product liability claim against the manufacturer.

    • Consult with an Attorney: Farm accident cases can be complex, involving multiple parties and legal issues. Consulting with an experienced farm accident attorney is highly recommended. An attorney can help you:

    • Investigate the accident and gather evidence

    • Determine the liable parties
    • Navigate the legal process
    • Negotiate with insurance companies
    • File a lawsuit if necessary
    • Maximize your compensation

The Role of OSHA in Farm Safety

The Occupational Safety and Health Administration (OSHA) plays a crucial role in ensuring farm safety. OSHA sets standards and conducts inspections to protect workers from hazards. While farms with 10 or fewer employees may be exempt from some OSHA regulations, they are still required to comply with the General Duty Clause, which mandates that employers provide a workplace free from recognized hazards that could cause death or serious harm.

OSHA standards relevant to agriculture include:

  • 1928.21: Applicable standards in 29 CFR part 1910 (General Industry Standards)
  • 1928.51: Roll-over protective structures (ROPS) for tractors
  • 1928.57: Guarding of farm field equipment and farmstead equipment
  • 1928.110: Field Sanitation

If a farm safety violation contributed to your injury, this can be strong evidence of negligence in your injury claim. New agricultural safety laws make it easier for injured individuals to prove personal injury cases by establishing specific safety requirements that farm owners must follow. Violations of these rules can serve as evidence of negligence, while documentation requirements create paper trails showing whether safety protocols were followed.

Compensation for Farm Injuries

If you’ve been injured in a farm accident due to safety violations, you may be entitled to compensation for:

  • Medical expenses (past and future)
  • Lost wages (past and future)
  • Pain and suffering
  • Disability
  • Disfigurement
  • Loss of enjoyment of life
  • Property damage

In the event of a fatal accident, the family of the deceased may be able to recover damages for:

  • Funeral and burial expenses
  • Lost income
  • Pain and suffering
  • Loss of companionship

Don’t Delay: Act Promptly

It’s essential to act quickly after a farm accident. There are time limits for filing workers’ compensation claims and personal injury lawsuits, known as statutes of limitations. Missing these deadlines could prevent you from recovering compensation. In Colorado, whether you’re filing a personal injury or wrongful death lawsuit, you generally have two years to file your case.

Protecting Your Rights

Farm accidents can have devastating consequences, but you don’t have to face them alone. By understanding your rights and taking the necessary steps to file an injury claim, you can protect your future and secure the compensation you deserve. Contact a qualified farm accident attorney today to discuss your case and explore your legal options.