Entangled in Farm Machinery? How to File an Injury Claim

Agriculture is one of the most hazardous industries in the U.S. In 2020, the agricultural industry had a fatality rate of 21.5 deaths per 100,000 workers, significantly higher than other sectors. Farm machinery, while essential for agricultural work, poses a significant risk of serious injury, especially when operators and workers become entangled in moving parts. If you or a loved one has experienced such an accident, understanding your legal rights and how to file an injury claim is crucial.

Common Causes of Farm Machinery Entanglement

Machinery entanglement accidents can arise from various factors, often a combination of human error, equipment malfunction, and inadequate safety measures. According to the Canadian Agricultural Injury Reporting (CAIR), fatalities due to entanglement were caused where the victim was:

Wearing loose clothing or their hair was loose.
Performing another activity near the machine.
Cleaning or repairing the machine without shutting it off.
Trying to remove a blockage prior to shutting the machine off.
Checking the machine or its contents and falling into the machine.

Other common causes include:

Unguarded or Inadequately Guarded Moving Parts: Missing or damaged safety shields expose workers to the machinery’s inner workings.
Equipment Malfunctions: Unexpected failures due to poor maintenance or defective parts can lead to entanglement.
Lack of Training: Insufficient training on safe operation and maintenance increases the risk of accidents.
Improper Maintenance: Neglecting regular servicing and upkeep can result in equipment failures and hazardous conditions.
Failure to Follow Lockout/Tagout Procedures: Not de-energizing machinery before maintenance or repairs can lead to accidental start-ups and entanglements.
Fatigue and Distraction: Operating machinery while tired or distracted impairs judgment and reaction time.

Common types of farm equipment involved in entanglement accidents include tractors, combines, balers, grain augers, and brush hogs.

Types of Injuries Sustained

Entanglement in farm machinery can result in severe, life-altering injuries. These accidents often involve force, speed, and a lack of protective barriers, leading to:

Amputations: Loss of limbs due to being caught in moving parts.
Crush Injuries: Being pinned or compressed by heavy machinery.
Severe Lacerations: Deep cuts and tears from sharp edges and moving components.
Fractures: Broken bones from the impact and force of the machinery.
Traumatic Brain Injuries (TBIs): Head trauma resulting from impact with the machinery or surrounding objects.
Spinal Cord Injuries: Damage to the spinal cord, potentially causing paralysis.
Infections and Complications: Open wounds are susceptible to infection, leading to further health issues.
Permanent Disability: Long-term physical and cognitive impairments affecting the ability to work and perform daily activities.
Psychological Trauma: Emotional distress, anxiety, and post-traumatic stress disorder (PTSD) following the accident.

Steps to Take After a Farm Machinery Entanglement Accident

If you or someone you know has been entangled in farm machinery, immediate action is crucial to protect your health and legal rights.

Seek Immediate Medical Attention: Prioritize health and safety by calling for emergency medical assistance. Even if injuries appear minor, a medical professional should evaluate them.
Report the Incident: Notify the employer and file an official report. Obtain a copy of the incident report for your records.
Document the Scene: If possible, take photographs and videos of the accident scene, including the machinery involved, the surrounding area, and any visible injuries.
Gather Information: Collect contact information from any witnesses who saw the accident.
Preserve Evidence: Do not alter or repair the machinery involved in the accident. This evidence may be crucial for a future investigation.
Keep Records: Maintain detailed records of all medical treatments, bills, and related expenses.
Consult a Lawyer: Contact a personal injury attorney experienced in farm machinery accidents to discuss your legal options.

Understanding Your Legal Options

Following a farm machinery entanglement accident, several legal avenues may be available to pursue compensation for injuries and losses.

Workers’ Compensation: If you are an agricultural worker injured on the job, workers’ compensation insurance can cover medical expenses, lost wages, and rehabilitation costs. In New Jersey, all companies, even those with one employee, are required to carry a workers’ compensation policy that must cover seasonal and undocumented workers.
Third-Party Claims: If someone other than your employer caused the accident, you may have grounds for a third-party claim. This could include:
- Product Liability: Suing the manufacturer of defective machinery if a design flaw or manufacturing defect contributed to the accident.
- Negligence: Pursuing a claim against a negligent subcontractor or another party whose actions led to the injury.
- Premises Liability: If you were injured while visiting a farm, you might file a claim against the property owner for failing to maintain a safe environment.
- Personal Injury Lawsuit: In cases of gross negligence or willful misconduct, a personal injury lawsuit may be an option to seek damages for medical expenses, lost income, pain and suffering, and other losses.

Filing an Injury Claim: Key Considerations

Filing a successful injury claim requires careful preparation and attention to detail.

Statute of Limitations: Be aware of the statute of limitations, which sets a deadline for filing a lawsuit. Missing this deadline could forfeit your right to pursue compensation.
Evidence Gathering: Collect all relevant evidence, including accident reports, medical records, witness statements, and expert opinions.
Determining Liability: Identify all potentially liable parties, such as employers, equipment manufacturers, or contractors.
Assessing Damages: Calculate the full extent of your damages, including medical expenses, lost wages, future earnings, pain and suffering, and any long-term care needs.
Negotiation and Settlement: Your attorney will negotiate with insurance companies or opposing parties to reach a fair settlement.
Litigation: If a settlement cannot be reached, your attorney may recommend filing a lawsuit to pursue your claim in court.

The Role of a Farm Accident Lawyer

Navigating the legal complexities of a farm machinery entanglement case can be challenging. An experienced farm accident lawyer can provide invaluable assistance by:

Investigating the accident to determine the cause and identify liable parties.
Gathering and preserving evidence to support your claim.
Consulting with experts, such as engineers and medical professionals, to strengthen your case.
Negotiating with insurance companies to reach a fair settlement.
Representing you in court if litigation is necessary.
Ensuring your rights are protected throughout the legal process.

Preventing Farm Machinery Entanglement Accidents

While pursuing legal action is essential after an accident, preventing such incidents is paramount. Farmers and agricultural workers should prioritize safety by:

Ensuring all machinery has proper safety guards and shields in place.
Providing thorough training on safe equipment operation and maintenance.
Following lockout/tagout procedures before performing maintenance or repairs.
Wearing close-fitting clothing and securing long hair to prevent entanglement.
Maintaining a clean and organized work environment.
Staying alert and focused while operating machinery.
Regularly inspecting and maintaining equipment to identify and address potential hazards.

Seeking Justice and Compensation

Entanglement in farm machinery can have devastating consequences, leading to severe injuries, disabilities, and emotional trauma. If you or a loved one has been affected by such an accident, seeking legal guidance is crucial to protect your rights and pursue the compensation you deserve. Contact a qualified farm accident lawyer to discuss your case and explore your options for filing an injury claim.