How Much Compensation For A Farming Or Agricultural Injury?
By Lewis Cobain. Last updated 1st March 2023. Welcome to our guide on making a farm accident compensation claim.
The agricultural industry is fraught with dangers. From heavy machinery to rogue animals, there are many potential causes of injury. In this guide, we’ll take a detailed look at the injuries you could have sustained and who may have been liable.
This guide will also inform you of all the necessary steps you need to take in order to file either a farming injury claim or an agricultural injury claim.
As you continue to read this guide, you will learn how accident compensation payouts are decided.
By the end of this guide, you will have all the knowledge you will need to file a claim and seek compensation for your suffering. We’ll also discuss the benefits of working with an experienced personal injury solicitor and how you could avoid paying an upfront fee often required for a solicitor to begin working on your claim.
If after reading this guide you still have questions to ask about farming accident claims or other agricultural accident claims, we could help. Our expert team of advisors can answer any questions you may still have.
Alternatively, if you would like to start your own claim, an advisor can discuss your case to see whether you’re eligible to claim.
Please get in touch on the details below:
- Telephone: 0800 073 8804
- Contact form: Use the form to send us your enquiry and an advisor will get back to you
- Live chat: Speak with an advisor instantly using the live chat function below
Find Out More About Farm Accident Compensation Claims In The Sections Below
- What Is A Farming And Agricultural Injury?
- What Are The Worst Farm Accidents?
- Farm Accident Claim – Evidence Requirements
- What Can You Include In A Farm Accident Compensation Claim?
- How Much Compensation Will I Get After A Farming Or Agricultural Accident Causing An Injury?
- No Win No Fee Agricultural-Farm Accident Compensation Claims
- Call For Free Advice And To Start Your Farm Accident Compensation Claim
- Helpful Links
What Is A Farming And Agricultural Injury?
Farming or agricultural injuries occur when a worker or farmer is involved in an accident when working in a farming or agricultural role.
According to the Health and Safety Executive (HSE), the Agriculture, forestry and fishing industry has high numbers of fatal injuries making it the riskiest sector. There are more than one in a hundred workers in the agriculture industry but it accounts for around one in five fatal injuries.
There are many ways in which farm or agricultural workers can sustain an injury, as well as ways in which members of the general public can be affected.
The injuries that employees sustain may come from the animals under their care or a specific task that requires them to work at an elevated height. For that reason, trips, slips and falls from height and physical blows, made up a portion of the fatal injuries recorded in 2020/2021.
For more information on the types of farm-related accidents and injuries that might lead someone to put forward farming accident claims, continue reading.
What Are The Worst Farm Accidents Leading To Death?
Farm and agricultural work is both extremely difficult and considerably dangerous. The physical nature of the job often leads to injuries. Listed below are the most common causes of farming and agricultural injuries that lead to death.
- Farm machinery accidents – with such diverse and powerful machines used every single day – for cutting, ploughing, drilling, and crushing – the occasional malfunction of these machines can lead to serious damage like head injuries.
- Farm vehicle accidents – injuries sustained from quad bikes, tractors, etc. A person might sustain an injury from driving one of these vehicles, especially if the vehicle was poorly maintained.
- Injuries from livestock – injuries you sustained because of a bite, kick or trampling by cows, pigs, sheep, and other farm animals.
- Falls from high places – such as barn lofts or grain silos.
- Injuries sustained from contact with electricity – with so much equipment and machinery used every day, often in wet and challenging conditions, malfunctions and accidents are not uncommon.
If you have experienced anything similar, you could seek farm accident compensation. Call our team for more information.
Industrial Diseases In The Agricultural And Farming Industry
Other accidents that cause a range of injuries might include chemical accidents on farms, involving pesticides and other products which can be harmful to humans. Also, poor working conditions could cause someone to develop farmer’s lung.
Also known as allergic alveolitis, farmer’s lung is an allergy to mould developed as a result of breathing in dust from rotten crops over a long period of time. This condition has some telltale signs such as shortness of breath, fever-like symptoms, a persistent cough and pain in the chest.
This list is by no means exhaustive, merely a breakdown of the worst farm accidents that could cause different injuries and conditions. There are many other accidents that cause non-fatal injuries. We have explored these in the following sections, so please keep reading to find out more.
Alternatively, you can call us if you would like to discuss the injuries and accidents already mentioned.
Farming Or Agricultural Injuries At Work
All employers are responsible for upholding the duty of care they owe you as per Section 2 of the Health and Safety At Work Etc. Act 1974. However, there are some cases where an employer could fail to uphold their duty of care causing you to sustain harm in an accident at work.
In these cases, your employer may have acted negligently and may be liable for the harm you sustained. Therefore, you may be able to claim farm accident compensation.
For example, your employer may have failed to carry out regular risk assessments to identify hazards, such as faulty machinery. As a result, you may have experienced a severe arm injury.
Farming Or Agricultural Injuries In A Public Place
The Occupiers’ Liability Act 1957 requires that any person in control of a public space has a duty of care to reasonably ensure the safety of any visitors. The occupier’s duty is to maintain the welfare of their guest, even those who have not been invited or who are not authorised to be there.
An example of a person sustaining a farming or agricultural injury in a public place might include:
- Someone may have sustained a severe laceration injury caused by barbed wire that hadn’t been properly signposted.
- Someone may have experienced an electric shock due to the occupier failing to make people aware of electric fences.
The occupier might refer to the local council, the owner of the land, the person who is renting it, or another party. Such matters can be complicated, so discussing the process with a law firm is often the quickest way in which to claim farm accident compensation.
Farming Or Agricultural Injuries Caused By Faulty Equipment
According to Section 4 of the Provision and Use of Work Equipment Regulation of 1998, all employers should make sure all work equipment is suitable for the purpose it’s used or provided for.
Failing to do so could result in the following farm related accidents:
- An employee might experience a crush injury due to the emergency stop button on a piece of equipment not working.
- A member of the public might experience multiple fractures due to being hit by a tractor with faulty breaks.
For more information on claiming farm accident compensation for injuries sustained in similar accidents, please contact our team.
Farm Accident Claim – Evidence Requirements
As part of the process of making a farm accident claim, it’s important that you can provide evidence that can establish negligence has occurred and you have been injured as a result. If you can prove after the accident whose fault it was, you are more likely to be awarded personal injury compensation.
Following your accident, if you sought treatment for your injuries, you should ask for your medical records that can prove you were given medical attention.
After recovering from your injuries, you may consider collecting evidence, such as:
- Photographic evidence – If you have any physical injuries, make sure to photograph them.
- Witness testimonies – Ask any witnesses to your accident for their contact details, as they can be contacted at a later date to give a statement.
- CCTV footage – The farm may have CCTV, in which case, you can request the footage of your accident.
- Medical report – An independent medical expert can assess your injuries. Their diagnosis can prove the extent of your injuries and any treatment you may need.
- Evidence of financial harm – Collect anything that can prove you have suffered financially because of the injury, such as bank statements or invoices.
If you would like our advisors to answer your questions on farm accidents in the UK, they can do so free of charge. Additionally, following a free consultation, you could be connected to one of our expert personal injury solicitors.
What Can You Include In A Farm Accident Compensation Claim?
After sustaining a farming or agricultural injury, there are many expenses you may incur and for which you may wish to seek compensation.
Depending on the circumstances of your accident, there are many forms of farm accident compensation that you can be awarded.
General damages are directly related to the injury you have sustained while working on the farm and the pain and suffering you have endured as a result. They provide compensation for both physical and psychological injuries.
Special damages provide compensation for any past or future monetary losses caused by your injuries. For example:
- Care costs – the fees you may have spent on having a nurse or carer to help you in the wake of an injury.
- Loss of earnings – any wages you have lost due to not being able to work as a result of the injury, as well as any future loss of earnings you may suffer due to long-term complications.
- Travel Expenses – the cost of any additional travel, such as visits to see an out-of-town specialist.
- Medical Bills – including any kind of medical equipment, medicine, or assistance you have required, such as wheelchairs, specialist appointments, or medical equipment for your home.
During the claiming process, it is important to take notes of all the expenses that relate to your injury. You will also need to provide evidence or proof of any special damages. The evidence you could provide might include receipts and payslips.
For further details on the compensation settlement you could receive in a farm accident claim, see below.
How Much Compensation Will I Get After A Farming Or Agricultural Accident Causing An Injury?
The amount you can claim for a farming injury or an agricultural injury will depend largely upon the severity of the injury.
Medical evidence may be used to assess the full extent of your injury. Also, a document called the Judicial College Guidelines (JCG) may be used to help value your claim.
The JCG sets out bracket compensation figures for different injuries. We have used figures from the JCG to create a table listing the potential value of different injuries.
Injury | Description of Injury | Compensation Awarded |
---|---|---|
Back injury | Severe: (i) The injury sustained has damaged the spinal cord. | £91,090 to £160,980 |
Chest injury | (a) The injuries that have been sustained are severe. The person suffers from prolonged pain. | £100,670 to £150,110 |
Neck injury | Severe: (i) The injury that has been sustained has resulted in incomplete paraplegia. The person has little to no movement in the neck. | In the region of £148,330 |
Deafness | (b) The person has become completely deaf. | £90,750 to £109,650 |
Chest injury | (b) The injuries that have been sustained have caused permanent damage. | £65,740 to £100,670 |
Deafness | (c) The person has lost hearing in one of their ears. | £31,310 to £45,540
|
Neck injury | Moderate: (i) The injury that has been sustained has caused a fracture in the cervical spine. These fractures can lead to disabilities. | £24,990 to £38,490 |
Chest injury as the result of chemicals | (e) Where there has been residual damage to the lungs following toxic fume/smoke inhalation. | £5,320 to £12,590 |
The actual settlement you receive will vary depending on factors unique to your claim. For that reason, the table should only serve as a reference point for what could be paid out in farm accident claims.
No Win No Fee Agricultural-Farm Accident Compensation Claims
We understand if you’re apprehensive about claiming farm accident compensation with a solicitor. Often, you may be expected to pay an upfront fee for the solicitor to begin working on your claim.
However, you could opt to use our No Win No Fee service in which you could hire one of our solicitors to represent your claim under a Conditional Fee Agreement (CFA).
There are several ways this type of agreement could benefit you, including:
- No upfront cost to begin your claim
- No ongoing costs that may incur while your claim is ongoing, such as medical fees
- You won’t pay solicitor fees in the event that your claim fails
You will need to pay a success fee from your overall settlement to pay your solicitor for the work they’ve done on your case. The fee is legally capped. However, the agreement will set out any fees you’ll need to pay if your claim is successful.
All of our solicitors work on this basis. If you’d like to learn more, call our team on the number above.
Call For Free Advice And To Start Your Farm Accident Compensation Claim
Have you suffered an injury as a result of a farming or agricultural accident? If so, you can reach out to one of our advisors to discuss your case. They can determine whether you’re eligible to claim and if your case has a chance of success.
If you have a valid claim, they could connect you with one of our personal injury solicitors to start working on your case.
Alternatively, if you’re not ready to seek farm accident compensation, they can provide information on the next steps you could take.
Our experts are always ready to help you. There are three ways to get in touch to discuss farm accident claims:
- Telephone: 0800 073 8804
- Contact form: Use the form to send us your enquiry and an advisor will get back to you
- Live chat: Speak with an advisor instantly using the live chat function below
Helpful Links
For more information on your employer’s responsibilities, see our guide.
If you were involved in a manual handling accident, our guide could help.
See our guide for more details on your rights after an accident at work.
Visit the NHS website for any medical advice.
If you would like to learn more about health and safety at work, see the HSE website.
Learn how to make seat belt injury claims with our guide.
Thank you for taking the time to read our guide relating to farm accident claims and farm accident compensation.