Farming Accident Claims

Depending on what type of farm work you do, you may be required to use equipment and machinery to carry out your job.

However, if you are not adequately trained, or provided with protective equipment, or the machinery has not been maintained to the required standard, you could be put at risk. 

Livestock and animals are often present on farms and can pose a risk to health if they are not handled correctly.

HSE statistics show that incidents involving livestock were the number one cause of work-related deaths on British farms, however, in many cases, these types of incidents can be prevented with the correct safety measures.

Together, livestock and farm vehicle incidents account for around half of all work-related deaths on British farms in the past five years. A total of seventy-seven people lost their lives, with each death leaving a devastating legacy on families.

Hundreds more are hurt in incidents involving moving vehicles and cattle on farms. Incidents involving moving vehicles remain the leading cause of death over the last five-year period.

Handling livestock can pose many risks to workers,  and without the correct training and protections, could put workers in danger.

Some of the risks include exposing employees to kicking, butting, goring or crushing and the risk is greater if the animals have not been handled frequently. 

Farm environments in general can be hazardous and pose many risks. For example, workers could be at risk of exposure to harsh chemicals, musculoskeletal injuries from strenuous work, or hearing loss from loud equipment. 

If you are injured at work, you need to do the following:

• Report it to your employer as soon as possible, or if nobody is available – ensure you have reported it by sending an email/text to your line manager so there is written proof of the accident
• Log the accident in the Accident Book or write it down and ensure a copy/photograph is kept
• Take photographs of where your accident happened, any defective equipment and details of witnesses willing to provide evidence
• If you are injured you must seek immediate medical advice either at your GP surgery or the local Accident and Emergency department. Make them aware it was an accident at work and what happened. This will assist your case as there will be further proof of the circumstances.

If you cannot drive, call an ambulance. It may be that if the circumstances of the accident are due to a dangerous situation that you talk to your union representative or it is reported to the Health and Safety Executive (HSE) using the RIDDOR reporting (Reporting of Injuries, Disease and Dangerous Occurrences Regulations).

If you have had a fall from height, the first thing you should do is seek medical attention. Your health takes priority. No matter how minor your injuries seem, adrenaline usually kicks in and you may not know the initial damage caused.

If you receive first aid at the scene of the incident, we still recommend going to the GP or local hospital. This medical check-up will also serve as evidence of your injuries are the circumstances surrounding the incident.

Once you have received medical treatment, you should report the incident to your employer (if you haven’t already done so).

Make sure an accident book entry is recorded correctly, that all the information is correct and that it is signed by the relevant people.

RIDDOR

In certain cases, such as loss of consciousness, your accident must be reported in compliance with the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR).

For the purposes of RIDDOR, an accident is a separate identifiable, unintended incident that causes personal injury.

They will need to carry out a full inspection of the incident. It is important to have documented evidence, as this will help prove the accident happened and that the injuries you have sustained are a result of the incident.

You should obtain the names and contact information of any witnesses, or information of anybody who was involved in the accident.

Whether you are an employee, agency worker or contractor you may be able to claim for an accident at work. 

To make an Employer Liability claim, legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim. 

If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death. 

At the time of the accident, it can be beneficial to gather as much evidence as possible to support your claim. This can include images of faulty equipment or the working environment. 

The amount of compensation you are awarded will depend on the severity of your injuries, the circumstances of the accident and the effect it has had on your life. 

You may be awarded general damages which relate to the pain, suffering, and loss of amenities of life that are evidentially linked to the accident at work directly. 

The Judicial College Guidelines, which set out financial brackets for common types of injury will be used to assess damages based on the affected body parts and the type and severity of the injury. 

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim. 

Special damages may also be used to compensate for any financial losses or out-of-pocket expenses as a result of the accident at work. 

This would include (but not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers. 

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as the Smith v Manchester award. 

This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment. 

If you are unable to do tasks like gardening, or walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award. 

Oakwood Solicitors Ltd is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases. 

We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning.

It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you. 

When you instruct us, you can expect a friendly, down-to-earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.