Farmers and farm workers are susceptible to severe injuries. Tractor rollovers, machinery malfunction, falls, and respiratory problems are just some of the issues they encounter, with many injuries leading to hospitalization, dismemberment, and even death.  

If you or a loved one has been injured in a farm accident, you deserve to know who is to blame so you can receive compensation and begin healing. As knowledgeable farm accident attorneys, Samuel I. Kane Law Firm will listen carefully to your experience. We’ll determine who is liable for your injuries and help you reach the settlement you deserve. 

It’s Not Uncommon to Be Injured in a Farm Accident

According to data from the U.S. Bureau of Labor Statistics, the agricultural sector is the most dangerous in America. Out of 100,000 people who work on farms, approximately 23 of them will die. In addition, a recent study by Penn State calculating farm injuries over a 4-year period found that 60,000 people were treated in emergency departments after nonfatal, agricultural-related accidents. 

If you or a loved one has been injured in a farm accident, you deserve to know who is to blame so you can receive compensation and begin healing

Some of the most common farm accident injuries include:

• Tractor rollovers, with 1 in 7 farmers involved in tractor overturns becoming permanently disabled.
• Grain bin entrapment, often resulting in suffocation.
• Falls from ladders, causing broken limbs or paralysis.
• Entanglement in heavy machinery leading to nerve damage or amputation.
• Kicks from horses or cows, causing organ damage, fractures, and traumatic brain injuries.
• Respiratory illnesses caused by inhaling pesticides, mold spores, manure, and toxic fumes.
• Chemical burns causing permanent disfigurement.

In such a dangerous industry, it’s crucial for employees to be trained on how to safely operate equipment, wear protective coverings, handle livestock, and be prepared for emergencies. When accidents happen, improper training can sometimes be blamed on the owner of the farm or agricultural company. However, it’s not always that black and white. A tractor manufacturer could have made a faulty product, or a pesticide distributor could have failed to provide warnings about the danger of coming in contact with the chemical. Every farm accident injury is different and requires careful research to determine if someone could have prevented it. 

Who is to Blame in a Farm Accident Injury?

After being injured in a farm accident, it’s best to contact a knowledgeable attorney who can determine who is liable. One or multiple parties could be to blame, including:

The Farm Owner or Agricultural Company

Owners and operators of farms may be found negligent for an employee’s injuries if they did not provide a safe working environment. The accident could have happened due to the employer:

• Failing to provide proper training
• Allowing or condoning the use of faulty procedures
• Failing to perform regular maintenance on farm equipment
• Failing to supervise an inexperienced worker 
• Not providing the employee with protective equipment
• Allowing employees to become fatigued by working too many hours, or in harsh weather conditions

A Manufacturer

The manufacturer of farming equipment or chemicals can be held liable for injuries due to:

• A manufacturing defect. For instance, faulty brakes on a tractor involved in a collision. 
• A design defect. For instance, missing guards on an auger resulting in amputation.
• Failure to warn. For instance, a pesticide could be missing warning labels regarding the importance of wearing face masks while spraying it.

A Third Party Motorist

Drivers who operate third-party vehicles on a farm, such as delivery truck drivers, can be held liable if their carelessness behind the wheel results in an accident. The company that owns the truck may share responsibility too.

Am I Eligible for Worker’s Compensation if I Was Injured in a Farm Accident?

To determine if your injuries might be covered by worker’s compensation insurance, you will need to speak to a farm accident attorney. Different states have different laws and exemptions, including Illinois. For example, under the Illinois Workers’ Compensation Act, the following rules apply:

• If a farmer has less than 400 working days of labor in any quarter, they are exempt from workers comp requirements. 
• If the 400-day mark is hit in any quarter of the previous year, they lose the exemption.
• Family members who work on farms that employed less than 400 working days of labor per quarter during the prior calendar year—exclusive of the employer’s spouse and other family members who live with the farm employer—are exempt from the mandate to carry workers’ compensation insurance.
• Part-time and seasonal workers must be counted toward the 400 days.
• When the exemption is lost, the farmer is treated as any other employer and is required to carry WC insurance. 

Many agricultural employers try to avoid paying workers compensation by “fudging” their number of work hours. When employees are injured and require medical treatment, the farmer or employer might deny fault. It can be a very frustrating ordeal to prove their liability, but working with a farm accident attorney will likely reveal the truth.     

A Knowledgeable Farm Accident Attorney Can Help You Get the Compensation You Deserve

Dealing with devastating injuries from a farm accident is very difficult. Our attorneys have the experience to determine who is liable for your injuries so you can heal without wondering how you will pay for medical bills or about the time spent unable to work. In Illinois, contact Kane Personal Injury at our Effingham office. We’ll be happy to speak with you about your case. We don’t charge anything for a consultation, and you won’t pay a dime until you win.