Wisconsin Farm Accident Attorney: Fighting for Injured Farmers’ Rights

Wisconsin’s agricultural heritage is deeply woven into the fabric of the state’s identity. With over 58,000 farms dotting nearly 14 million acres, agriculture contributes significantly to Wisconsin’s economy and provides livelihoods for countless families. However, farming remains one of the most dangerous occupations in the United States. According to the U.S. Bureau of Labor Statistics, the agricultural sector faces a high risk of fatalities, with 23.1 deaths per 100,000 workers. When accidents happen, farmers and farmworkers need to know their rights and how to protect their livelihoods. A Wisconsin Farm Accident Attorney can be an invaluable ally in these challenging times.

Understanding the Risks of Farm Work

Farming involves a unique set of hazards that contribute to a high rate of accidents and injuries. These hazards can range from heavy machinery and livestock to exposure to chemicals and the elements. Some of the most common causes of farm accidents in Wisconsin include:

Machinery Accidents: Tractors, combines, and other heavy equipment are essential for farming operations, but they also pose significant risks. Tractor rollovers, entanglement in machinery parts (like Power Take-Off shafts), and equipment failures are leading causes of severe injuries and fatalities.
Silo and Grain Accidents: Fires, explosions, and equipment-related incidents during grain handling and storage can lead to serious injuries. Toxic gas buildup in silos also presents a significant health hazard.
Falls: Working at heights, whether on silos, barn roofs, or grain bins, increases the risk of falls, resulting in injuries.
Livestock Incidents: Handling large animals like cattle, hogs, and horses can result in kicks, trampling, and crushing injuries.
Chemical Exposure: Pesticides, fertilizers, and other agricultural chemicals can cause burns, respiratory problems, and long-term illnesses if not handled properly.
Roadway Accidents: Collisions involving farm equipment on public roads are a significant concern, especially with larger machinery and increased traffic.

Legal Rights of Injured Farmers and Farmworkers

When a farm accident occurs, understanding your legal rights is crucial. Depending on the circumstances, injured parties may have several avenues for seeking compensation:

Workers’ Compensation: In Wisconsin, farms with six or more employees for at least 20 days in a calendar year are required to provide workers’ compensation coverage. This insurance can cover medical expenses, lost wages, and disability benefits for employees injured on the job, regardless of fault. However, it’s important to note that not all farmworkers are covered under Wisconsin’s workers’ compensation laws.
Personal Injury Claims: If workers’ compensation doesn’t apply, or if a third party’s negligence caused the accident, a personal injury claim may be an option. This could involve suing the farm owner, an equipment manufacturer (in cases of defective machinery), or another negligent party.
Product Liability: If a defective product, such as a piece of farm equipment, caused the injury, a product liability claim can be filed against the manufacturer, distributor, or seller of the product.
Uninsured Employers Fund (UEF): If an employer is required to have worker’s compensation insurance but does not, a claim can be filed with the UEF. The UEF pays worker’s compensation benefits on valid worker’s compensation claims filed by employees who are injured while working for illegally uninsured Wisconsin employers.

The Role of a Wisconsin Farm Accident Attorney

Navigating the legal complexities of a farm accident claim can be overwhelming. A Wisconsin Farm Accident Attorney can provide invaluable assistance by:

Investigating the Accident: Thoroughly investigating the accident to determine the cause and identify all liable parties.
Evaluating Your Case: Assessing the strength of your case and explaining your legal options in clear, understandable terms.
Gathering Evidence: Collecting and preserving evidence, including accident reports, medical records, witness statements, and expert opinions.
Negotiating with Insurance Companies: Handling all communications with insurance companies and negotiating for a fair settlement.
Filing a Lawsuit: If a fair settlement cannot be reached, filing a lawsuit and representing you in court.
Understanding Workers’ Compensation: Helping you navigate the complexities of worker’s compensation laws, including eligibility requirements and benefits.

Common Injuries in Wisconsin Farming Accidents

The types of injuries sustained in farm accidents can vary widely depending on the nature of the incident. Some of the most common injuries include:

Traumatic Injuries: Amputations, fractures, head trauma, and spinal cord injuries are common in machinery-related accidents and falls.
Chemical Burns and Respiratory Damage: Exposure to pesticides, fertilizers, and other chemicals can cause severe burns, lung damage, and chronic respiratory problems.
Hearing Loss: Prolonged exposure to loud machinery and equipment can lead to hearing loss.
Vision Impairment: Eye injuries can occur from flying debris, chemical splashes, or other hazards.
Repetitive Motion Injuries: Overexertion, repetitive tasks, and awkward postures can lead to sprains, strains, and other musculoskeletal disorders.

What to Do After a Farm Accident

If you or someone you know has been involved in a farm accident, it’s essential to take the following steps:

Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical attention for any injuries sustained in the accident.
Report the Incident: Notify your employer or the property owner about the accident as soon as possible.
Document the Scene: If possible, take photographs and videos of the accident scene, including any damaged equipment, hazards, and injuries.
Gather Information: Collect contact information from any witnesses to the accident.
Avoid Making Statements: Refrain from making any statements to insurance adjusters or other parties without first consulting with an attorney.
Contact an Attorney: Contact a Wisconsin Farm Accident Attorney to discuss your legal rights and options.

Workers’ Compensation and Farm Accidents in Wisconsin

Wisconsin’s Workers’ Compensation Act aims to protect employees who sustain injuries while performing their job duties. However, the application of this act to farmworkers can be complex. Here’s what you need to know:

Coverage Requirements: Wisconsin law mandates that agricultural employers with six or more employees on at least 20 days during a calendar year must provide workers’ compensation coverage.
Exemptions: Certain family members and “exchanged workers” may not be counted towards the six-employee threshold.
Voluntary Coverage: Farmers who are not legally required to have workers’ compensation insurance can voluntarily obtain coverage for themselves and their employees.
Benefits: Workers’ compensation benefits can include medical expense coverage, temporary disability payments, and permanent disability compensation.

Understanding Liability in Farm Accidents

Determining liability is a critical step in pursuing a farm accident claim. Several parties may be held liable, depending on the circumstances of the accident:

The Employer: Employers have a legal duty to provide a safe working environment for their employees. This includes providing proper training, maintaining equipment, and implementing safety protocols.
Equipment Manufacturers: If a defective product caused the accident, the manufacturer may be liable under product liability laws.
Negligent Third Parties: If a third party’s negligence contributed to the accident, they may be held liable. This could include other machine operators, maintenance companies, or property owners.

Statute of Limitations in Wisconsin Farm Accident Cases

In Wisconsin, there are time limits for filing personal injury lawsuits, known as the statute of limitations. For most personal injury cases, including farm accidents, the statute of limitations is three years from the date of the accident. However, there are exceptions to this rule, such as cases involving minors or the discovery rule (where the injury or illness is not immediately apparent). It is important to contact an attorney as soon as possible to ensure that your claim is filed within the applicable time limit.

Wisconsin’s Right to Farm Law

Wisconsin’s Right to Farm Law protects farmers from nuisance lawsuits alleging that normal farming activities, such as noise, odor, or dust, interfere with neighboring properties. However, this law does not protect farmers from liability for negligence or reckless conduct that causes injury to others.

Resources for Farm Safety in Wisconsin

Several organizations and agencies in Wisconsin offer resources and support for farm safety:

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP): Provides information on farm safety, worker protection standards, and other agricultural resources.
UW-Madison Division of Extension: Offers educational programs and resources on agricultural safety and health.
AgrAbility of Wisconsin: Provides assistance to farmers and farm families living with disabilities.
Upper Midwest Agricultural Safety and Health Center (UMASH): Conducts research and provides training on agricultural safety and health issues.
Wisconsin Farm Bureau Federation: Promotes farm safety initiatives and provides resources for its members.

Seeking Justice for Injured Farmers

Farm accidents can have devastating consequences for farmers and their families. In addition to physical injuries, these accidents can lead to financial hardship, emotional distress, and loss of livelihood. If you or someone you know has been injured in a farm accident in Wisconsin, it’s essential to seek legal representation from an experienced attorney who understands the unique challenges of agricultural injury cases. A Wisconsin Farm Accident Attorney can help you navigate the legal process, protect your rights, and pursue the compensation you deserve.