Advice On Making A Defective Farm Injury Claim
By Brett Williams. Last updated 20th August 2021. Employees can self-report workplace injuries through the Labour Force Survey. In recent years, agricultural workers are amongst those reporting workplace injuries at significantly higher rates than the average across all industries. This could be because of their working environment and the work they carry out with heavy machinery and hand tools.
When farming equipment is defective, this can cause a farm equipment injury. If you are an agricultural worker whose employer negligently supplied you with farm equipment that was not fit-for-purpose, you may have been injured as a result. If so, you could be eligible to claim defective farm equipment injury compensation.
Should you wish to make a compensation claim for injuries caused by a farming accident that was not your fault, we could help you. Our solicitors could value your claim accurately and negotiate with your employer to make sure you win the maximum amount of compensation possible for you.
To begin your defective farm equipment claim, call our expert advisors today on 0800 073 8801 or email us directly. If we can see that you have a formidable claim, our personal injury claims team can put you in touch with our solicitors to begin working on your case.
Select A Section
- A Guide To Defective Farm Equipment Injury Compensation Claims
- What Is A Defective Farm Equipment Injury?
- Types Of Agricultural And Farming Equipment That Can Cause An Accident
- Common Farming Machinery Hazards
- What Are The Risks Caused By Defective Farming Equipment?
- Agricultural Regulations And Machinery: Health And Safety Regulations
- How The Farm Vehicle Health Check Scheme Works
- Defective Farm Equipment Injury Compensation Calculator – Updated August 2021
- Special Damages Awarded In Defective Farm Equipment Claims
- No Win No Fee Defective Farm Equipment Injury Compensation
- Begin A Defective Farm Equipment Claim
- Helpful Resources
Agriculture, forestry and fishing is one of the most hazardous industries to work in.
- It’s estimated that 12,000 workers in the fields of agriculture, forestry and fishing sustain non-fatal injuries each year.
- From 2017/18 to 2019/20, contact with machinery caused 9% of non-fatal injuries.
- 20 workers were killed in 2019/20 because of workplace injuries.
- 13,000 workers suffer from work-related illness every year. (This is either new or long-standing ill health.)
Employers owe their workers a duty of care to protect their health, safety and wellbeing. This means that they should provide their workers with a safe working environment. If a worker becomes injured or ill because of negligence on the part of their employer, this could breach their employer’s duty of care. If the employer is found to have caused the worker’s injuries, they could be held liable for them.
In this guide, we will look at how you would identify defective farm equipment and what sorts of injuries faulty farming equipment can cause.
Have you suffered an agricultural injury, or agricultural equipment injury because of an accident at work that was not your fault? Then you may be eligible to claim compensation. To begin your claim call Accident Claims to speak to an advisor. If we can see that you are eligible to make a defective farm equipment injury compensation claim, we can provide you with a skilled lawyer to handle your compensation claim. Call us today or contact us in writing, to begin your claim.
A farm equipment injury is an injury caused by farming equipment. Agricultural workers can be injured by farming equipment if it is not used properly. Farming equipment may be misused because the worker made an error or because of a lack of proper training. Both can lead to an injury. Agricultural injuries can also happen because the equipment is faulty or has not been properly maintained.
Unfortunately, defective farming equipment can cause serious accidents. Additionally, machinery used in farming can be very large or hazardous, such as machinery with rotating blades.
28% of workplace fatalities over five years ending 2019/20 in the agriculture, forestry and fishing industry were caused by a person being struck by a moving vehicle. If a large farming vehicle (such as a tractor or combine harvester) is not properly maintained, this can lead to mechanical failure. As a result, a worker could be run over by a vehicle or crushed if it falls. This could cause serious injury or death.
Similarly, in that same five-year period, farm injury statistics show that 11% of workplace fatalities in agriculture, forestry and fishing were caused by something overturning or collapsing and trapping an employee. This could happen, for example, if a heavy object such as a baler or tractor is faulty and the worker is unable to fully control it on uneven land at higher speeds.
We will look at other examples of how defective farming equipment can cause accidents later in this guide.
Farm injuries can happen due to poor maintenance of equipment, faulty equipment or lack of training. The following types of farming equipment are amongst those that can cause serious agricultural accidents:
- Combine harvesters
- Forklift trucks
- Milking machines and equipment
- Potato harvesters
- Sorting machinery
- Automated equipment
If you have been injured because of defective farming equipment you may be eligible to make a defective farm equipment claim for compensation. Call us to get free legal advice when you speak to an advisor.
Different types of farming equipment can cause different types of agriculture equipment injuries. We will now look at types of agricultural accidents that can be caused.
Agricultural injuries that can be caused by defective or faulty farming machinery:
- Crushing injuries: A crushing injury can happen if a worker is crushed by a trailer, for example, or in the moving parts of a machine.
- Entanglement: Entanglement is when a person, or part of their body becomes entangled in the moving parts of a machine.
- Drawing in: Drawing in is when a piece of clothing or hair is caught on a fixed or moving part of a machine.
- Shearing: Parts of machines that move past each other cause a shear point, which can crush or cut softer materials. An example of such machinery includes bale wrappers.
- Cutting or severing: A cutting or severing accident can happen if a digit or limb comes into contact with a moving blade.
- Impact: Impact injuries include when a machine’s moving parts strike a person, or part of a machine comes loose and hits a person.
- Stabbing or puncture: Stabbing or puncture injuries can be caused by blades, points (such as nails) or sharp corners on equipment.
- Friction and abrasion hazards: Friction and abrasion injuries can happen if a person makes contact along a rough surface.
- Mobile machinery: A farm worker can be struck or run over by mobile machinery such as a fork lift truck.
- High pressure fluid injection: Machines that operate on a hydraulic system can release fluids. If a high pressure fluid is injected into a worker’s skin, they may need a limb amputated or a major operation.
You can read more about using agricultural machinery safely here. If you have experienced an agricultural injury because of faulty equipment, you may be eligible to make a defective farm equipment claim. Call us to see if you are eligible to claim compensation.
Farmers and farm managers should conduct regular risk assessments of their workplace to identify potential health and safety hazards. They are supposed to remove any hazards found or apply control measures. This involves applying health and safety measures to minimise risk.
How would you identify defective farm equipment? Farming equipment should be inspected on a regular basis to identify faults or disrepair.
The following faults in farming equipment can cause farm injuries:
- Defects in farming apparatus can cause agricultural equipment injuries. For example, if a ladder has a weak rung and snaps, a worker can fall and become injured.
- Leaking hydraulic fluid can sometimes irritate the eyes or skin of those it comes into contact with.
- Equipment with a moving blade or moving parts will often have a safety guard. This is to protect workers from coming into contact with these parts. Farm managers must conduct regular inspections to identify faults and defects in machinery. This includes making sure that safety guards have been installed and have not become loose or fallen off.
- If a power source fails, this can cause agricultural accidents. For example, the hydraulic lifting system of a tractor might fail. Accidents can also be caused by electrical power failures.
We will now explain what regulations exist to protect farmworkers from injuries, whilst using machinery:
The Health and Safety at Work etc. Act 1974
The Health and Safety at Work etc. Act 1974 requires employers to have a duty of care towards their workers. This means that they are supposed to provide their employees with a safe and hygienic environment in which to work. Failing to carry out regular inspections and proper maintenance of equipment could amount to negligence if it causes injury.
Similarly, allowing untrained workers to operate equipment that consequentially causes them injury could be the fault of the employer.
If an employee suffers a farm equipment injury because of negligence on the part of their employer, their employer could be held liable for their injuries.
The Provision and Use of Work Equipment Regulations 1998 (PUWER)
The Provision and Use of Work Equipment Regulations 1998 sets guidelines for using workplace equipment, including farming equipment. It outlines that the equipment must be safe and suitable for its intended use. The equipment has to be maintained to an adequate standard. The only people who should use it should be trained or qualified to do so. Necessary safety measures should be made regarding the workplace equipment. For example, appropriate safety warnings should be visible.
If you have suffered an agricultural injury because your employer failed to adhere to these standards, you may be eligible to claim compensation. Contact us today to enquire about claiming defective farm equipment injury compensation.
The Farm Vehicle Health Check Scheme (FVHCS) is an initiative by these organisations: The National Farmers Union (NFU), the National Association of Agricultural Contractors (NAAC) and the British Agricultural & Garden Machinery Association (BAGMA). The Farm Vehicle Health Check Scheme is a code of practice which explains how farming equipment should be selected, used and maintained.
The FVHCS aims to assist workers in ensuring:
- Farm equipment safety instructions must be easily understood.
- Younger workers must be adequately trained and supervised.
- Workers that have a limited or poor understanding of the English language have to also undergo a proper induction.
- Machinery and equipment should be checked on a regular basis for defects and faulty equipment should not be used unless it is adequately repaired.
The Farm Vehicle Health Check Scheme provides check sheets to help farmers keep a record of the checks made on their equipment. You can find out more about the Farm Vehicle Health Check Scheme (FHVCS) today.
If you have been injured in an agricultural accident, you may be wondering what your claim is worth. Some people use online personal injury claims calculators to estimate how much compensation they can claim. However, these are not always accurate.
Instead we recommend you review the table below to being an estimation. The compensation amounts that we have included are based on guidelines from the Judicial College. Solicitors may use the Judicial College Guidelines to value injuries (not financial losses). Compensation for physical and psychological injuries is called general damages. Therefore, the table includes general damages compensation figures only, not special damages.
|Injury||Degree Of Injury||Settlement||Description|
|Brain damage||Less severe||£14,380 to £40,410||The compensation is based on factors including the severity and extent of any disability, depression or personality changes.|
|Epilepsy||Established Grand Mal||£95,710 to £140,870||Established Grand Mal|
|Chest injury||(c)||£29,380 to £51,460||Damage to the lungs and chest with some continuing disability|
|Neck injury||Moderate (i)||£23,460 to £36,120||Fractures or dislocations of the neck such as those that might necessitate spinal fusion.|
|Back injury||Moderate (i)||£26,050 to £36,390||Instances where the claimant is left with a residual disability which does not fit into the more severe categories.|
|Shoulder injuries||Serious||£11,980 to £18,020||Dislocations and fractures which cause pain in the neck, shoulder, arms and elbows.|
|Clavicle fracture||Single level||£4,830 to £11,490||The settlement will be based on the degree and nature of the injury.|
|Hip and pelvis injury||Moderate (i)||£24,950 to £36,770||Significant pelvic or hip injuries where there is no permanent disability.|
|Arm injuries||Severe||£90,250 to £122,860||Arm injuries which fall short of an amputation, but which are very severe.|
|Wrist injuries||(b)||£22,990 to £36,770||Where the person has suffered a significant or permanent injury, though there is still some useful movement.|
|Wrist injuries||An uncomplicated Colles' fracture||In the region of £6,970||Single type of injury.|
|Hand injuries||Serious||£27,220 to £58,100||Where the person has suffered hand injuries which reduce the usage of the hand to around 50%.|
The outcome of every defective farm equipment claim is different, depending on your personal circumstances. To receive a personalised quote of how much compensation you could claim, please feel free to call us to speak to an advisor. They will be happy to estimate how much compensation you could claim in general damages.
If your defective farm equipment injury compensation claim is successful, you could be awarded two heads of claim.
- The first is general damages compensation, which is to reimburse you for your injuries and the harmful effect they may have had on your quality of life.
- The second is special damages compensation. Special damages are to repay you for any costs or expenses associated with your injuries.
You could claim the following as special damages:
- Medical expenses
- Care expenses
- Travel expenses
- Loss of income expenses
In the event that you have become disabled because of your injuries, you may claim the following as needed:
- Mobility equipment expenses.
- Home and/or car adaptation expenses.
If you have been injured because of farming equipment negligence, our solicitors could handle your case as a No Win No Fee claim. This means that you won’t have to pay a solicitor’s fee before they begin work on your claim. Instead, you will only have to pay your success fee if your compensation claim is successful. This is formalised when you sign a Conditional Fee Agreement.
Many clients prefer making a No Win No Fee claim. Firstly, for many people, it is a more affordable option when using the services of a solicitor. That’s because the success fee is deducted from the compensation payout at a capped rate. What’s more, the success fee is only charged if the solicitor wins the claim.
To begin your No Win No Fee defective farm equipment claim, call us today for your free consultation.
To begin your claim for defective farm equipment injury compensation, get in touch today for your free legal consultation. So that they can help you whenever you’re ready, our advisors are available 24/7. Additionally, they offer free legal advice and you’re under no obligation to proceed with our services after talking.
As well as this, if our advisors believe you have a valid, formidable claim, they can put you in touch with expert solicitors. However, this is your choice entirely.
Contact our advisors through any of the below methods:
- Call us on 0800 073 8801 to speak to a claims advisor.
- Use our live support chat to quickly connect.
- Email us today or request a call back.
Defective farm equipment injury FAQs
Can I claim if injured at work by defective farm equipment?
Whatever type of company you work for, your employer has a duty of care to try and keep you safe. That means all equipment should be safe to use and fit for purpose. As a result, if you’re injured by defective farm equipment due to a lack of repair or maintenance, you could seek damages for your injuries.
Can the farm owner sack me for making a claim?
If you make an honest claim for an injury sustained whilst working on a farm, it is illegal for the business owner to sack you, demote you or treat you any differently. If that were to happen, you could have a separate claim for unfair or constructive dismissal.
How long do I have to make a claim for a farming injury?
Generally, the 3-year claims time limit for farming injuries will begin from the date of the accident that caused your injuries. However, where you don’t find out about injuries until later on (such as farmer’s lung illnesses), your time limit will start from the date of knowledge.
Are farms covered by the same legislation as other workplaces?
The general principles of the Health and Safety at Work Act 1974 apply to most workplaces. However, because of some specific dangers in farming and agriculture, additional legislation such as the Provision and Use of Work Equipment Regulations 1998 also apply.
For help making defective farm equipment injury claims, please discuss your case with a specialist today.
We hope you have found this guide to making a compensation claim for a farm injury helpful. If you need more help, you can get in touch. Additionally, you may want to read these online guides.
Thank you for reading our guide to claiming following a defective farm equipment injury
Guide by HC
Edited by RV