By Jo Anderson. Last Updated 7th September 2023. Welcome to our guide to farming accident claims and agricultural accident claims for farming accident compensation. Have you been involved in agricultural accidents leading to a farming or agricultural injury? If so, you could be able to make farm accident compensation claims.
Farm Accident Compensation Explained
Due to the physical and demanding nature of work on a farm, workers are more likely to suffer an accident. Farmworkers are often put in roles where the risk of injury is much higher than employees in different industries. Due to the nature of their work, the machinery in use, and by working with livestock, farming and agricultural injuries are also often much more serious.
Common farming and agricultural injuries leading to agricultural accident claims include falls from heights, blows and impact injuries, as well as those caused by livestock or heavy machinery.
What’s in this farm accident compensation guide?
In this guide, we look at how to make farming accident claims and agricultural accident claims, as well as how much you could be entitled to in our personal injury claims calculator. We also explain the time limits around such claims, telling you how many years from the date of the accident you could claim. When you are ready to make your claim on a No Win No Fee basis, call our team on 0800 073 8801.
Select a section
- A Guide To Farming Or Agricultural Injury Claims
- What Are Agricultural Or Farm Injuries?
- What Are The Most Common Accidents On The Farm?
- Health And Safety For Farm Workers
- Can You Claim For A Farm Injury At Work?
- Can You Claim Compensation As A Foreign Farm Worker?
- Faulty Machinery Or Equipment Leading To Farm Accident Claims
- What Steps Should You Take To Make A Farming Or Agricultural Injury Claim?
- What Can Farm Injury Claims Include?
- Farming And Agricultural Injury Claim Calculator
- Farming And Agricultural Injury No Win No Fee Claims
- How Accident Claims UK Can Help You To Claim For A Farm Injury
- Contact Accident Claims UK And Start Your Farm Accident Compensation Claim Today
- Useful Links And Further Information On Farm Accident Compensation
A Guide To Farming Or Agricultural Injury Claims
In order to begin a personal injury claim for a farming accident, you need to show the following:
- Your employer owed you a duty of care at the time and location of the accident.
- There was a breach of duty.
- You experienced harm as a result of the breach.
The three criteria above lay the foundation of negligence in claims for a personal injury. If you have evidence negligence occurred, you could be eligible to seek compensation.
Does My Employer Have A Duty Of Care?
All employers have a duty of care to prevent their employees from sustaining harm at work and as they carry out their work-related duties. Under the Health and Safety at Work etc. Act 1974, employers must take reasonably practicable steps to ensure a safe workplace and safe working practices.
Each workplace has different risks which must be identified and either removed or minimised by an employer as far as can be reasonably practicable. If, when working in the agricultural industry, your employer failed to uphold their duty of care, it could lead to accidents on the farm leading to injury.
There are various ways in which employers could reduce the risk of farm accidents. For example, you should be trained in how to do so safely and should be provided with relevant personal protective equipment if it is deemed appropriate. Additionally, if you are using machinery, it should be made safe to use and checked and maintained to a safe standard.
If your employer fails to take steps to protect your health and safety at work, and you are injured as a result, you could be eligible to claim compensation.
To check your eligibility to claim for a farming accident, please contact an advisor.
What Are Agricultural Or Farm Injuries?
Farming or agricultural injuries can happen when a farmer, labourer or another worker (or someone visiting a farm) is placed in a situation which is dangerous. Even today, using highly modern equipment and processes, farming can still be thought of as one of the most dangerous industries to work in. Rates of farm accident or injury can be many times higher than comparable roles in other industries.
Farming and agricultural injuries is a very broad term which covers many different circumstances an injury or accident can happen to someone, whether a worker or a member of the general public. You could make agricultural accident claims for many reasons, as we discuss below.
What Are The Most Common Accidents On The Farm?
Farming and agricultural injuries from agricultural accidents are relatively common due to the dangerous and difficult nature of the work involved. Farming is a highly physical job, and this strain can often be the cause of injuries for farmworkers. Whilst there are numerous different ways in which someone could be injured on a farm, the types listed below are the most common forms of injury leading to agricultural accident claims or a farm accident claim for farming accident compensation.
- Accidents and injuries caused by farm machinery: across a farm, there will be a variety of different pieces of heavy machinery and equipment in usage, or repair. They can be used in ploughing and tilling fields, harvesting crops, or other uses. If they malfunction in any way, the consequences could be very serious, even causing amputation injuries.
- Accidents caused by farm vehicles: as well as heavy machinery, farms make use of a range of different vehicles, such as tractors. We can help those who need to make tractor accident claims. A lack of maintenance can be a leading factor in these injuries.
- Injuries caused by livestock: animals can kick, bite, or even trample farm workers if they are in the wrong place, at the wrong time.
- Slips, trips, and falls from heights: Whether it is working in very slippery and muddy conditions, or having to balance on high beams, there is a higher than average chance of suffering these types of accidents.
- Electrocution: given the range of different types of pieces of equipment in usage on a farm, even in adverse weather conditions, being electrocuted can be one of the most common and serious types of injury suffered.
The list above includes some of the most common types of farming and agricultural injuries, which lead to farm accident claims. However, there are numerous other causes of and circumstances in which workers on a farm could be injured. People can be injured whilst handling hazardous substances (such as pesticides and fertilizers). If you have been injured whilst working on or visiting a farm, you could be entitled to make farm accident compensation claims or agricultural accident claims. Contact us today to find out more.
Health And Safety For Farm Workers
Whilst the industry accounts for just 1% of workers in the UK, it makes up 20% of all fatal accidents in the workplace. The rate is similarly high for non-fatal accidents when compared with other workplaces. With such a high rate of incidents, there is increasing pressure on the industry to be better at complying with health and safety regulations, guidelines, and legislation.
One of the biggest compulsions from such legislation is that farmers should make sure that their workers are kept safe from harm and have a safe environment to work in. If the farm or farmer you work for has (in some way) breached guidelines and caused you to suffer an injury, you have the right to make a farm accident claim.
When could you claim farm accident compensation
Breaching these guidelines means your employer has been negligent in the eyes of the law. They may not have issued you with protective equipment such as the right shoes, gloves, or a hardhat, or not made you aware of specific hazards and how to mitigate them. If you were not properly trained in how to use a piece of equipment or machinery, the consequences could be very serious for you.
If you think that your employer has been negligent and that this negligence was the cause of, or contributed to your injuries, you could be entitled to make a farm accident compensation claim. Our team will be able to provide you with advice about farming accident claims and agricultural accident claims.
Can You Claim For A Farm Injury At Work?
If you were injured whilst working on a farm, you could claim compensation for your farm accident. All employees have the same legal protections when they have an accident at work, whether full or part-time.
All employers owe their staff and workers the same duty of care and are responsible for their safety. If your employer’s negligence was the cause of your accident, they might be held liable.
If you do suffer an agricultural accident at work, you should make sure the accident has been documented by you and your employer. Having a report in their log, as well as taking photos of your injuries, and having medical reports will all help to show your employers culpability when making agricultural accident claims.
Can You Claim Compensation As A Foreign Farm Worker?
In the UK, a large part of the agricultural labour force consists of foreign workers filling short-term and seasonal roles. These people can often be at greater risk.
Foreign farmworkers, often employed on short term contracts, may face added risks. One of the most common risks that foreign employees may face is the difference in the working environment or practices. Things may be done in a very different way to what they are used to, and as such, injuries can often happen.
Foreign workers may also find out that they are less able to communicate with each other, their employer, and external services. As such, if agricultural accidents do happen to them, they may not be able to seek appropriate help or find out how to mitigate any risks.
Temporary foreign workers may also not have been given the right health and safety training. They may also not have been informed of their legal rights, such as making a claim for a farm injury.
Seasonal or temporary foreign workers could also have been hired without being given the correct training or vetted for language ability. Consequently, they may well be much more vulnerable to suggesting a farm or agricultural injury.
What must be highlighted is that whether or not someone is a foreign worker or a non-UK national, they have the same rights to be safe in the workplace. Their employer also owes them the same considerations. Otherwise, they could have to pay out farming accident compensation if something goes wrong.
To discover more about farming accident claims and agricultural accident claims, please contact our personal injury advisers or continue reading. We have plenty of information regarding any farm accident compensation claims.
Faulty Machinery Or Equipment Leading To Farm Accident Claims
The owner and/ or operator of any machinery and equipment used on a farm is responsible for its maintenance. One such criterion they must follow is to make certain all equipment in use has a visible ‘CE’ mark. This shows the item meets all relevant European Union standards and regulations. The farm owner should also be able to produce a ‘certificate of conformity’ certifying the equipment as safe.
The use of equipment which has not been certified as meeting these standards means the owner or operator is breaching the Provision and Use of Work Equipment Regulations 1998. This breach can be considered to be gross negligence on the part of your employer.
Farm accident compensation from machinery manufacturers
The manufacturer of the machinery is also legally required to make sure their products meet the required standards and are safe to use. If there was a fault in the manufacturing of the machinery or equipment, you could be able to claim compensation from the manufacturer.
To find out who to start a claim against, talk to us about farming accident claims and agricultural accident claims advice today.
Farming and agriculture accident statistics – illness and disease
As we’ve already established, working in the farming or agricultural industry leaves workers at risk of serious injury. This is because the jobs are highly physical and involve working with potentially dangerous machinery and, sometimes, animals.
But it’s not just one-off accidents that result in injuries that can have an effect on the quality of life of farm and agricultural workers. Occupational diseases also offer a real risk to those working in these industries and can have a real impact on your quality of life.
The biggest risk posed to those working in the farm and agriculture industries is musculoskeletal disorders. Around half of the 13,000 ill health cases that resulted from agricultural work in 2019/20 consisted of these kinds of disorders, which include things like arthritis, sciatica and hernias. 2.2% of workers in agriculture suffered from musculoskeletal disorders, which is far above the rate across all industries.
Respiratory diseases are another real risk to those working in farming and agriculture. A job in agriculture means working in close proximity to agricultural dust like grain and poultry dust. Inhaling these kinds of dust can trigger an allergic reaction in the respiratory system. If this happens, then further exposure can trigger symptoms even in small amounts. Because these triggers can include things like bacteria, mites and animal dander, this could cause you to experience symptoms outside of work which can affect your quality of life.
If you’re suffering from a long-term illness because of your work, then you may be eligible to make farm accident compensation claims. In these cases, the three-year limitation period for making a claim will be from when you found out that your illness was caused by your work, and not necessarily the date you were exposed to the hazard that made you ill.
So to learn more about farming accident claims or agricultural accident claims, or if you’d like to proceed to make one, get in touch with our team today.
What Steps Should You Take To Make A Farming Or Agricultural Injury Claim?
If you are the victim of a farming or agricultural injury, there are several things you should do support your personal injury claim. The first thing you should do after an accident or injury, whether in the workplace or otherwise, is to get any medical care you need. As well as getting you any specific care you need, this step also creates official records of your injuries.
At the time of your agricultural accident, if possible, you or someone else should take photos of the scene of your accident, including the cause of the incident, your injuries, and the surrounding area. If your employer has breached health and safety standards, this could create a record of them. Photographic evidence, combined with medical records creates a body of evidence which can be used in your farm and farming accident injury compensation claim.
Next, talk to any witnesses to your accident and ask for their name(s), and other contact details. Having a witness can increase your chances of making a successful claim.
Finally, you should reach out to a specialist solicitor, authorised and regulated by the SRA, or claims management service, such as Accident Claims UK, who can assist you in making your claim for farming accident compensation. We could also offer expert legal advice. We have many years experience in doing so.
What Can Farm Injury Claims Include?
As well as compensation for your actual injury, farm injury claims can include settlements for things such as any financial losses you have incurred through your head injuries or any other injuries you’ve sustained.
When making farm injury claims, the costs and financial losses you could claim for may include things such as the cost of medical expenses (treatment, medication, and even home care), transport costs (getting to medical meetings), or even the cost of making changes to your home or vehicle if you are left with a disability. Find out how much compensation you could be awarded here or by calling our team.
Farming And Agricultural Injury Claim Calculator
If you are eligible to claim compensation for an accident on a farm, you might be wondering how much you could receive if your personal injury claim is successful.
Generally, successful farm accident claims could result in a payout comprising general damages and special damages.
General damages compensate you for the costs and losses caused by your injuries. When solicitors assess how much could be appropriate for injuries sustained in farming accidents, they could look at the Judicial College Guidelines (JCJ). The JCG contains guideline compensation brackets for a range of different injuries at different levels of severity.
Below, we have illustrated some figures from the 2022 edition of this publication. However, it is only meant to be used as guidance as your compensation payout would be specific to your case.
| Nature of injury | Notes on the injury | Awards in region of |
|---|---|---|
| Both Legs Amputated (a) (ii) | Both Legs Amputated below the knee | £201,490 to £270,100 |
| Leg Amputation – Above Knee (a) (iii) | Leg Amputation – Above Knee | £104,830 to £137,470 |
| Leg Amputation – Below Knee (a) (iv) | Leg Amputation – Below Knee | £97,980 to £132,990 |
| Leg Injuries – Severe (b) (i) | Most serious level of injury or disability. Ongoing pain and suffering. | £96,250 to £135,920 |
| Leg Injuries – Very Serious (b) (ii) | Less serious or severe than the category below. | £54,830 to £87,890 |
| Leg Injuries – Serious (b) (iii) | Similar to but more serious than above. Will have a greater effect on you and longer recovery time. | £39,200 to £54,830 |
| Leg Injuries – Moderate (b) (iv) | Might included a dislocated knee, or other joint or more serious fracture. | £27,760 to £39,200 |
| Leg Injuries – Less Serious (c)(i) | Not serious or long lasting, but may be painful. | £17,960 to £27,760 |
| Neck Injuries – Severe (a) | Injury may leave you with permanent pain or discomfort or a level of reduced functionality. | £45,470 to £148,330 |
| Neck Injuries – Moderate (b) | More serious and painful than minor injuries. | £7,890 to £38,490 |
| Neck Injuries – Minor (c) | More minor injuries which you can recover from within 1 to 2 years | Up to £7,890 |
| Back Injuries – Severe (a) | Injuries such as a serious fracture or broken back. | £38,780 to £160,980 |
| Back Injuries – Moderate (b) | Injury to the musculature or the connective tissues. | £12,510 to £38,780 |
| Back Injuries – Minor (c) | Minor damage which will recovery fully and quickly. | Up to £12,510 |
In addition to general damages, payouts for accidents on the farm could include special damages. Special damages compensate you for out-of-pocket expenses caused by farming injuries. You would need evidence to support your claim, such as bank statements and receipts. Special damages you could claim for could include:
- Travel expenses
- Loss of income
- Care costs
- Medical expenses
To get a personalised estimate of your compensation, please contact an advisor.
Farming And Agricultural Injury No Win No Fee Claims
Recovering compensation you are owed, whether for a farming or agricultural injury, or any other type of injury can be a difficult and time-consuming process. Finding the right solicitor, and worrying about how to make a claim for farming accident compensation, can hamper or impede your recovery.
Let Accident Claims UK step in and help. We can provide you with a No Win No Fee solicitor who will be able to work with you without asking for anything in terms of fees before you receive your settlement. This means that as a claimant, you will never take on any financial risk when making a agricultural accident claims.
How Accident Claims UK Can Help You To Claim For A Farm Injury
Going to court or making a claim can seem like a stressful process if you are not used to legal terminology, or the claims process. In fact, many people can be put off making a claim as they are intimidated by the idea of doing such. At Accident Claims UK, we aim to dispel the myths and bring the claims process after agricultural accidents into the light.
We start by giving you a free consultation over the phone to learn more about what happened to you, and if we can help you make a claim for farming or agricultural injuries.
If we are able to help you, we will offer a personalised service and could even be able to provide you with a solicitor who offers no win, no fee services. What we can promise is that any personal injury solicitor we provide will be fully qualified to provide all the help you need.
Contact Accident Claims UK And Start Your Farm Accident Compensation Claim Today
You’ve reached the end of our guide to farming accident claims. When you are ready to begin your farming or agricultural injury claim you can contact our specialist team to do so. Our helpline is open 24 hours a day, seven days a week to take your call and get your farm accident compensation claims started, so call us on 0800 073 8801.
You can also contact us via the chat feature on this page, or simply click above to request a call back from one of our agents.
However you choose to contact Accident Claims UK, you can do so today to start your journey to getting the farming or agricultural injury compensation you are entitled to.
Useful Links And Further Information on farm accident compensation
In this final section of our guide to farming accident claims and agricultural accident claims, we’ve included some more links you may find useful.
Claiming after a back injury at work
Claiming after an accident involving dangerous machinery at work
A guide to manual handling in agriculture
Provision and Use of Work Equipment Regulations 1998 explained
How do I know if I’ve broken a bone? An NHS guide
Farm Accident Compensation Claims FAQs
What are other common farm accidents and fatalities?
These include machinery overturning, falls, animals suffering injuries, falling objects, entanglements and asphyxiation.
How long can I make a claim after an accident?
Your maximum time in which you can claim compensation is three years after the accident.
How do I get money from an accident claim?
You should gather sufficient evidence, collect witness testimonials, receive medical treatment and record your injuries.
Why is agriculture so dangerous?
This is due to the physical demand, the frequent fatigue and the poor health maintenance (e.g. a lack of risk assessments).
Should I call my insurance company after a minor accident?
You should get in touch with your insurers after any accident no matter how serious it is.
Can I claim for personal injury if the accident was my fault?
You could still make a claim if someone else was also responsible, but not if you have sole liability.
What are the examples of farm tools?
Typical farm tools include a motocultor, shovel, wheelbarrow, sprinkler and fertilizer.
Agricultural injury statistics 2020/21
The HSE produced a report into the fatal injuries of workers in the Agriculture, forestry and fishing injuries for 2020/2021. In the report, it revealed that there were 41 deaths across the agriculture industry in 2020/21. You can see below the ways in which these fatal injuries occurred.
As you can see from the list, the highest number of fatalities were as the result of being struck by a vehicle which was moving. These could include skid-steer loaders, ATVs, tractors and telescopic handlers. It is vital, therefore, that employers in this industry consider the risks of employees being hit by an agricultural vehicle and take steps to minimise the risk of injury and/or death.
Perhaps quite surprisingly, being injured by an animal only led to 11 deaths. This may seem like a high sum to some, but there are hundreds of cows on some farms and lots of farms across the UK. Being killed or injured by an animal still presents a significant level of risk however, so protocols must be put in place to mitigate the risk for those who come across animals in their place of work.
The third cause we look at relates to machinery. As we mentioned in an earlier section of this guide, it is vital for machinery to be safe for workers to use. It should also be fitted with the relevant safety guards, and employees should be trained to use such machinery safely. Should you have been injured, or a loved one be killed at work because an agricultural employer has not taken steps to reduce your risk of injury at work, you could be eligible for compensation.
Could I claim farm accident compensation for an animal bite or attack?
Have you been attacked on a farm by an animal or bitten. Whether you’ve attended a petting zoo at a farm, or you’ve suffered an animal attack at work, if someone else was responsible, you could claim compensation by making a personal injury claim. When evidencing such an accident, there are several important pieces of evidence that you may need. As well as getting an independent medical report, you could also keep a diary of your injury recovery, so that courts and lawyers could see how long you’ve suffered for and how the injury impacted you. You could also keep photographs of your injury, and even the scene of the accident. Witness details would also be a good idea; that way, your lawyer could contact them so you could have a witness statement to back up your case. As a minimum, you should take their name and one method of contacting them. However, if they are willing to give you more than one method of contact, this could be useful.
Thank you for reading our guide on farming accident claims, farm accident compensation claims and agricultural accident claims. We hope you have learned a lot about how to claim for farming accident compensation after any agricultural accidents.
