Falls from Heights on Farms: What Are Your Legal Options?

Falls are a significant hazard in the agricultural sector, leading to severe injuries and fatalities. According to the CDC, almost one-third (29%) of injuries in agricultural production that required days away from work from 2021-2022 were from falls. This article explores the legal options available to those injured in falls from heights on farms, providing guidance on potential claims and preventative measures.

The Risks of Falls on Farms

Farming is inherently dangerous, with a high risk of accidents. Falls from heights are a major concern due to the nature of farm work, which often involves working on ladders, roofs, silos, and other elevated structures. The Health and Safety Executive for Northern Ireland reports that falls from height account for more than a quarter of all accidents in the farming community. These falls can result in a range of injuries, from broken bones to traumatic brain injuries, and can even be fatal.

Several factors contribute to the risk of falls on farms:

Unstable Surfaces: Uneven ground, slippery surfaces, and cluttered work areas can increase the risk of slips, trips, and falls.
Lack of Fall Protection: Failure to use appropriate fall protection equipment, such as harnesses, guardrails, and safety nets, can lead to serious injuries.
Improper Ladder Use: Ladders that are not properly secured, are in poor condition, or are used incorrectly can cause falls.
Fragile Roofs: Working on fragile roofs without proper precautions can result in falls through the roof.
Weather Conditions: Rain, ice, and snow can create slippery conditions, increasing the risk of falls.

Legal Options for Fall Victims

If you or a loved one has been injured in a fall from a height on a farm, you may have several legal options available to you. These options depend on the circumstances of the accident and your relationship to the farm owner or operator.

1. Workers’ Compensation

If you are an employee of the farm, you are likely eligible for workers’ compensation benefits. Workers’ compensation is a type of insurance that provides medical benefits and wage replacement to employees who are injured on the job, regardless of fault. In Ohio, like many other states, farm employers are generally required to carry workers’ compensation insurance for their employees. Workers’ compensation typically covers medical expenses, lost wages, and disability benefits for injured workers.

2. Personal Injury Lawsuit

In some cases, you may be able to file a personal injury lawsuit against the farm owner or operator. To win a personal injury lawsuit, you must prove that the farm owner or operator was negligent and that their negligence caused your injuries. Negligence can include:

Failure to Provide a Safe Working Environment: Farm owners have a legal duty to provide a safe working environment for their employees and visitors. This includes maintaining safe premises, providing adequate training, and ensuring that equipment is in good working order.
Improper Training: Failure to provide adequate training on safe work practices and equipment operation can be considered negligence.
Faulty Equipment: If a fall is caused by defective equipment, the manufacturer or distributor of the faulty product may be held liable under product liability laws.
Lack of Safety Equipment: Failing to provide necessary safety equipment, such as harnesses, guardrails, and non-slip footwear, can also be considered negligence.

3. Third-Party Claims

In addition to workers’ compensation and personal injury lawsuits, you may also be able to pursue a third-party claim against other negligent parties. For example, if your injury was caused by a defective ladder, you may be able to file a claim against the ladder manufacturer. Or, if a contractor’s actions contributed to hazardous conditions, they may also bear responsibility for injuries.

Factors Affecting Liability

Determining liability for farm-related injuries involves several factors. According to Tim Misny, farm owners or operators have a legal duty to provide a safe working environment for their employees and may be held liable for injuries resulting from unsafe conditions or failure to provide necessary safety equipment.

Types of Compensation Available

If you are successful in your claim, you may be entitled to compensation for a variety of damages, including:

Medical Expenses: This includes the cost of medical treatment, such as doctor’s visits, hospital stays, physical therapy, and prescription medications.
Lost Wages: You may be able to recover lost wages for the time you have been unable to work due to your injuries.
Pain and Suffering: You may be compensated for the physical pain and emotional distress you have suffered as a result of your injuries.
Punitive Damages: In some cases, you may be awarded punitive damages if the farm owner or operator’s conduct was particularly egregious.
Wrongful Death: Families of farm workers who have suffered fatal injuries may seek wrongful death claims, offering support through compensation for their loss.

Preventing Falls on Farms

While pursuing legal action is important after a fall, preventing falls in the first place is crucial. Farm owners and operators should take the following steps to minimize the risk of falls:

Conduct a Risk Assessment: Regularly assess the farm for potential fall hazards and take steps to eliminate or control those hazards.
Provide Training: Ensure that all employees receive comprehensive training on safe work practices and equipment operation.
Use Fall Protection Equipment: Provide and require the use of appropriate fall protection equipment, such as harnesses, guardrails, and safety nets.
Maintain Equipment: Regularly inspect and maintain all equipment, including ladders, scaffolds, and machinery.
Keep Work Areas Clean and Tidy: Remove clutter and debris from work areas to eliminate tripping hazards.
Address Weather-Related Hazards: Take precautions to prevent falls in wet, icy, or snowy conditions.
Install Safety Measures: Install handrails on equipment and along walkways, use non-slip mats, and fit ground-level wells and underground tunnels with covers.

The Role of Farm Insurance

Farm liability insurance is critical for protecting farmers and ranchers from the unique risks of agricultural life. It helps cover legal expenses, medical costs, and any damages awarded in a lawsuit if someone is injured on the property or their property is damaged as a result of farming activities. Key coverages include third-party injuries and property damage, legal defense costs, medical payments, livestock-related incidents, farm machinery accidents, and agritourism and public access.

Seeking Legal Assistance

Navigating the legal complexities of a fall from a height on a farm can be challenging. If you have been injured, it is important to seek legal assistance from an experienced personal injury attorney. A knowledgeable attorney can help you understand your rights, evaluate your options, and pursue the compensation you deserve. They can also assist with gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Conclusion

Falls from heights on farms are a serious safety concern, but understanding your legal options and taking preventative measures can help protect you and your loved ones. If you have been injured in a fall, do not hesitate to seek legal assistance to explore your rights and options for compensation. By prioritizing safety and seeking expert legal guidance, you can navigate the aftermath of a fall and work towards a secure future.