Farm Auger Accidents: How to File an Injury Claim and Secure Compensation

Each year, farm auger accidents lead to severe injuries and fatalities, highlighting the dangers present in the agricultural sector. In 2019, 410 farmers and farm workers died from work-related injuries, many of which involved grain augers. These machines, essential for transporting grain, can cause catastrophic harm if not handled with utmost care and adherence to safety protocols. If you or a loved one has been injured in a farm auger accident, understanding how to file an injury claim and secure compensation is crucial.

Understanding the Risks of Farm Augers

Grain augers are a major source of injury on the farm. These machines, while efficient in moving grain, pose significant risks due to their design and operation. Common accidents involve:

Entanglement: Contact with moving parts like PTO drive shafts, belt drives, cranks, and auger screws can lead to severe lacerations, fractures, and amputations. The swiftly rotating metal spiral flight mechanism has the potential to propel a finger or hand up to 1.5 meters away from the operator before the injured individual has a chance to react.
Electrocution: Raising or moving an auger in an elevated position near power lines can result in electrocution.
Suffocation: Farmhands can suffocate when the auger dumps contents into a wagon, bin, or trailer.
Falling: Augers that are completely filled can easily tip over when moved, potentially causing injury to the operator or anyone nearby.

Common Injuries from Auger Accidents

The injuries resulting from farm auger accidents can be devastating and life-altering. Some of the most common include:

Amputations: Entanglement in the auger’s screw can lead to the loss of limbs, fingers, and hands.
Lacerations and Fractures: Contact with the sharp, rotating blades can cause severe cuts and broken bones.
Head Trauma: Dispersed material or being pulled toward the machine can result in head injuries.
Electrocution: Contact with electrical wires can cause burns, cardiac arrest, and death.

Steps to Take After a Farm Auger Accident

If a farm auger accident occurs, taking the right steps immediately can protect your health and your ability to pursue a claim for compensation:

Seek Immediate Medical Attention: Your health is the top priority. Get prompt medical treatment for your injuries. Document all medical care, including doctor visits, hospital stays, and therapy sessions.
Report the Accident: Report the incident to the farm owner or supervisor. Also, file an official report with relevant authorities, such as OSHA (Occupational Safety and Health Administration).
Gather Evidence: Collect as much information as possible from the accident scene:
- Take photos and videos of the auger, the surrounding area, and your injuries.
- Obtain contact information from any witnesses.
- Keep records of all expenses related to the accident, including medical bills and lost wages.
- Consult with a Personal Injury Attorney: Farm auger accidents often involve complex legal issues. An experienced attorney can evaluate your case, explain your rights, and guide you through the claims process.

Filing an Injury Claim: Navigating the Legal Process

Filing a claim for a farm auger accident involves several steps. Understanding this process can help you navigate it more effectively:

Determine Liability: Identify who is responsible for the accident. This could be the farm owner, equipment manufacturer, or another negligent party.
Assess Damages: Calculate the full extent of your losses, including medical expenses, lost income, pain and suffering, and future care needs.
Send a Demand Letter: Your attorney will draft a formal demand letter to the responsible party, outlining the details of the accident, your injuries, and the compensation you are seeking.
Negotiate a Settlement: The responsible party may offer a settlement. Your attorney will negotiate on your behalf to reach a fair agreement.
File a Lawsuit: If a settlement cannot be reached, your attorney can file a lawsuit to pursue your claim in court.

Securing Compensation: What Damages Can You Recover?

If you have been injured in a farm auger accident, you may be entitled to various types of compensation:

Medical Expenses: Coverage for all medical treatment, including past and future costs.
Lost Wages: Reimbursement for lost income due to the accident and recovery period.
Pain and Suffering: Compensation for the physical and emotional distress caused by the injuries.
Disability: Payments for any long-term or permanent disabilities resulting from the accident.
Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

The Role of a Personal Injury Attorney

Navigating the legal complexities of a farm auger accident claim can be challenging. A personal injury attorney can provide invaluable assistance:

Investigating the Accident: Gathering evidence, interviewing witnesses, and consulting with experts to build a strong case.
Negotiating with Insurance Companies: Dealing with insurance adjusters to protect your rights and maximize your compensation.
Filing a Lawsuit: Representing you in court and advocating for your best interests.
Providing Legal Advice: Offering guidance and support throughout the entire process.

Preventing Farm Auger Accidents: Safety Measures

While pursuing a claim is essential after an accident, preventing such incidents is even more critical. Farmers and farmworkers can take several steps to enhance safety around augers:

Regular Inspections: Regularly inspect augers to ensure all protective shields supplied by the manufacturer are in place and in good working condition.
Proper Training: Make sure all workers are adequately trained and supervised.
Guards and Shields: Never remove protective grates or shields from augers or other conveying equipment.
Appropriate Clothing: Do not wear loose or tattered clothing, clothing with drawstrings, straps, jewelry, and long, untied hair.
Electrical Safety: Take note of overhead power lines before moving the auger and raising it in the next location.
Stay Alert: Pay attention to the job; do not daydream or operate augers while tired or distracted.
Clear Work Area: Use barriers, such as fences, to prevent people not involved in an auger’s operation from entering the area.

Conclusion

Farm auger accidents can have devastating consequences, leading to severe injuries and financial hardship. If you or a loved one has been affected by such an accident, it is essential to understand your legal rights and take the necessary steps to file an injury claim and secure compensation. By seeking medical attention, gathering evidence, and consulting with an experienced personal injury attorney, you can protect your future and obtain the resources needed to recover and rebuild your life.