Falls on the Farm: Understanding Injury Claims and Prevention

Farming is an essential industry, but it’s also one of the most dangerous. Each year, thousands of agricultural workers sustain injuries, some of which are fatal. Falls are a significant contributor to these incidents. Understanding the risks, knowing your rights, and implementing preventative measures are crucial for staying safe on the farm. Falls from heights account for 15% of fatal farm injuries.

Common Fall Hazards on the Farm

Falls on the farm can occur in various situations:

Working at Heights: Repairing roofs, working on silos, or climbing ladders are common tasks that can lead to falls.
Uneven Surfaces: Farms often have uneven, slippery, or cluttered surfaces. Wet or icy conditions can exacerbate these hazards.
Machinery: Entering and exiting large farm equipment can pose a fall risk, especially if steps are missing or poorly maintained.
Confined Spaces: Falls into manure pits, grain bins, or silos can be deadly due to the risk of toxic gases or engulfment.
Livestock Handling: Being knocked down by livestock can result in serious injuries.
Poor Lighting: Inadequate lighting in barns and other structures can make it difficult to see hazards.

Types of Injuries Resulting from Falls

The injuries sustained from falls on the farm can range from minor to severe:

Fractures: Broken bones are common, especially in falls from heights.
Sprains and Strains: These injuries can occur from slips and trips on uneven surfaces.
Head Injuries: Concussions and traumatic brain injuries can result from falls, especially without head protection.
Lacerations and Abrasions: Cuts and scrapes can occur from contact with sharp objects during a fall.
Crush Injuries: Being pinned under heavy objects or equipment after a fall can cause severe crush injuries.
Fatalities: In the most tragic cases, falls can result in death.

Legal Aspects of Farm Fall Injuries

If you’ve been injured in a fall on a farm, it’s essential to understand your legal rights and options. Several factors determine the potential for an injury claim:

Workers’ Compensation: Farmworkers may be eligible for workers’ compensation benefits, which can cover medical expenses and lost wages, regardless of fault.
Negligence: If the fall was caused by someone else’s negligence (e.g., a property owner failing to maintain safe conditions or a manufacturer producing defective equipment), you may have grounds for a personal injury lawsuit.
Premises Liability: Farm owners have a responsibility to maintain a safe environment for workers, visitors, and customers. Failure to do so can result in liability for injuries sustained on the property.
Product Liability: If a defective product (e.g., a faulty ladder or piece of equipment) caused the fall, the manufacturer may be liable.

Determining Liability

Determining liability in a farm accident case can be complex. It often involves investigating the circumstances of the fall, gathering evidence, and identifying all potentially responsible parties. Some key considerations include:

Duty of Care: Did the responsible party have a legal duty to protect the injured person from harm?
Breach of Duty: Did the responsible party fail to meet that duty of care?
Causation: Did the breach of duty directly cause the fall and the resulting injuries?
Damages: What losses (e.g., medical expenses, lost wages, pain and suffering) did the injured person suffer as a result of the fall?

Types of Compensation Available

If you have a valid injury claim, you may be entitled to compensation for:

Medical Expenses: Past and future medical bills related to the fall injuries.
Lost Wages: Compensation for lost income due to being unable to work.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injuries.
Disability: Compensation for any permanent disabilities resulting from the fall.
Other Damages: Other potential damages may include the cost of in-home care, vocational rehabilitation, and property damage.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In many jurisdictions, the statute of limitations for personal injury claims is two to three years from the date of the injury. Failing to file a lawsuit within this timeframe can bar you from recovering compensation.

Preventing Falls on the Farm: Safety Measures

Preventing falls is paramount to ensuring a safe working environment on the farm. Here are some essential safety measures:

Fall Protection Equipment: Use appropriate fall protection equipment when working at heights, such as harnesses, guardrails, and safety nets.
Ladder Safety: Inspect ladders regularly for damage, and use them properly. Ensure ladders are placed on stable surfaces and extend at least three feet above the landing point.
Walking Surfaces: Maintain clear and even walking surfaces. Repair uneven ground, clean up spills promptly, and ensure adequate lighting in work areas.
Footwear: Wear slip-resistant footwear to prevent slips and trips.
Equipment Maintenance: Regularly inspect and maintain farm equipment to ensure it is in safe working condition. Repair or replace any damaged steps or handrails.
Confined Space Procedures: Follow confined space entry procedures when entering manure pits, grain bins, or silos. This includes testing the air for toxic gases and using proper ventilation.
Livestock Handling: Use safe livestock handling techniques to avoid being knocked down or injured by animals.
Lighting: Ensure adequate lighting in all work areas, especially in barns and other enclosed structures.
Training: Provide comprehensive safety training to all farmworkers, covering fall hazards and prevention measures.
Personal Protective Equipment (PPE): Provide and ensure the use of appropriate PPE, such as helmets, safety goggles, and gloves.
Regular Inspections: Conduct regular safety inspections of the farm to identify and address potential fall hazards.
Slow Moving Vehicle (SMV) Emblems: All farm equipment traveling on any roadway should be equipped with an approved Slow Moving Vehicle (SMV) emblem. Emblems should be clean and in good shape.

Farm Insurance

Farm insurance is crucial for protecting your assets in the event of an accident. Farm or ranch liability insurance coverage protects your assets in the unfortunate case of a lawsuit. Liability claims can be costly and damaging to your ag operation. Because claims can be unpredictable, you need a plan to cover them if and when they arise.

Conclusion

Falls on the farm are a serious hazard that can result in significant injuries and financial losses. By understanding the risks, knowing your legal rights, and implementing preventative measures, you can create a safer working environment and protect yourself and your employees from harm. If you have been injured in a fall on the farm, it’s essential to seek legal advice from an experienced attorney who can help you understand your options and pursue the compensation you deserve.