Texas Farm Accidents: Navigating Workers’ Compensation Claims

Agriculture is a vital part of the Texas economy, with the Lone Star State leading the nation in the number of farms and ranches: 248,416 farms and ranches covering 127 million acres. However, this industry is also inherently dangerous. In 2020, the agricultural industry ranked eighth in Texas for workplace fatalities, with 36 deaths. These statistics highlight the critical need for understanding workers’ compensation and legal options available to those injured on Texas farms.

The Complexities of Workers’ Compensation in Texas Agriculture

Texas operates differently from most states regarding workers’ compensation. Unlike other states, Texas does not mandate that private employers, including farms and ranches, carry workers’ compensation insurance. This means that many agricultural workers are not automatically covered if they are injured on the job. It’s estimated that around 40% of Texas employers, many of which are smaller companies, are non-subscribers to the workers’ compensation system.

Who is Exempt from Workers’ Compensation?

Even when an employer chooses to carry workers’ compensation, certain categories of workers may be exempt. These exemptions can include:

Agricultural and Farm Workers: Farms and ranches with fewer than three employees (excluding family members) are exempt from mandatory workers’ compensation coverage.
Independent Contractors: Individuals classified as independent contractors are not eligible for workers’ compensation benefits.
Domestic Workers: Employees such as housekeepers or nannies are typically exempt.

What Happens if Your Employer Doesn’t Subscribe?

If your employer is a non-subscriber to the workers’ compensation system, you cannot file a workers’ compensation claim. Instead, you may need to pursue a personal injury lawsuit to recover damages. While this process can be more complex than a workers’ compensation claim, it may allow you to recover compensation for:

Medical expenses (past and future)
Lost wages and lost earning capacity
Pain and suffering
Mental anguish
Physical impairment

Common Causes of Farm Accidents in Texas

Farming and ranching involve heavy equipment, livestock, chemicals, and long hours, all of which can contribute to accidents and injuries. Some of the most common causes of farm accidents in Texas include:

Machinery Accidents: Tractors, combines, harvesters, and other heavy machinery are essential for farm work but can be dangerous if not properly maintained or operated. Tractor rollovers, in particular, are a leading cause of fatalities.
Transportation Accidents: Accidents involving vehicles on and off public roads are a significant cause of death for farmers and farmworkers.
Livestock-Related Injuries: Working with livestock can result in kicks, crush injuries, and stampedes.
Chemical Exposure: Exposure to pesticides, herbicides, and other chemicals can cause serious health problems.
Confined Spaces: Grain bins, manure pits, and silos can pose hazards such as engulfment and exposure to toxic gases.

Legal Options for Injured Farmworkers

If you’ve been injured in a Texas farm accident, it’s crucial to understand your legal options. Even if your employer doesn’t carry workers’ compensation insurance, you may still have avenues for seeking compensation.

Personal Injury Lawsuit: If your employer’s negligence caused your injuries, you may be able to file a personal injury lawsuit against them. Negligence can include unsafe working conditions, failure to provide adequate training, or improper maintenance of equipment.
Third-Party Claims: In some cases, a third party may be responsible for your injuries. For example, if a defective piece of machinery caused your accident, you may be able to file a product liability claim against the manufacturer. Other potentially liable third parties include contractors, crop dusters, and drivers of vehicles involved in farm accidents.
Negligence Claim Against a Non-subscribing Employer: If your employer doesn’t subscribe to workers’ compensation, they lose certain common-law defenses in a negligence lawsuit, such as contributory negligence and assumption of risk.

The Importance of Seeking Legal Advice

Navigating the complexities of Texas workers’ compensation laws and personal injury claims can be challenging. If you’ve been injured in a farm accident, it’s essential to seek legal advice from an experienced Texas farm accident lawyer. An attorney can help you:

Understand your rights and options
Investigate the cause of your accident
Identify all potentially liable parties
Gather evidence to support your claim
Negotiate with insurance companies
Represent you in court, if necessary

What Compensation Can You Potentially Recover?

With a well-argued case, injured ranchers and farmers can seek financial compensation from negligent parties by filing a personal injury claim against the accused. Potential damages that could be recovered in a personal injury case include the following:

Past medical bills and future medical expenses.
Lost wages and lost income earning capacity.
Property damage.
Physical pain and suffering.
Mental anguish.
Funeral and burial costs.
Disfigurement, dismemberment, or disability.
Wrongful death.

Prevention and Safety Measures

While pursuing legal recourse is essential after an accident, preventing farm accidents in the first place is crucial. Employers and employees should prioritize safety by:

Providing adequate training on equipment operation and safety procedures
Regularly maintaining and inspecting machinery
Using appropriate safety gear and protective equipment
Identifying and addressing potential hazards
Following safety regulations and guidelines

Don’t Delay: Act Promptly to Protect Your Rights

Texas has strict deadlines for filing personal injury claims. It’s essential to consult with an attorney as soon as possible after a farm accident to ensure that you don’t miss any deadlines and that your rights are protected.