Accidents on a farm can occur for many reasons and cause serious injuries. You may be able to claim compensation if you suffer an injury on a farm as a result of a responsible party’s failure to comply with relevant health and safety legislation. In this guide, we’ll discuss the process of making farm accident claims.
Key Takeaways In Agricultural Accident Claims
- You could make a farm accident claim if you’re injured as a worker or a visitor due to somebody else’s fault.
- You may be able to make a claim on behalf of your child by applying to become a litigation friend.
- There may be an eligible claim if you’ve suffered from an accident involving the animals at the farm.
- It is important to collect evidence to support your farm injury claim.
- You may be able to make your farm accident claim with one of our No Win No Fee solicitors.
Get in touch to discuss whether you have an eligible compensation claim for injuries suffered on a farm. To start your personal injury compensation claim with us:
- Call us on 0800 073 8801.
- Reach us directly through our live chat.
- Contact us online.
Jump To A Section
- Farm Accident And Injury Claims
- How Can Agricultural Accidents Happen?
- Common Injuries Sustained In Farm Accidents
- How Much Compensation For Farm Accident Claims
- How To Start The Farm Accident Claims Process
- What Evidence Do I Need To Make A Claim For An Agricultural Accident?
- How Can Accident Claims Help Me Get Compensation?
- More Information On Farm Accident Claims
Farm Accident And Injury Claims
You may encounter situations where other people are responsible for ensuring your safety. This is known as the duty of care.
The eligibility for farm accident claims is as follows:
- The other party owed you a duty of care.
- They committed a breach of this duty.
- You suffered an injury or illness on a farm due to this breach.
Contact us for assistance in proving liability for the farm injuries you suffered.
Can I Claim For An Accident At Work On A Farm?
All employers must ensure the safety and well-being of their employees to a reasonable and practicable extent. This is their duty of care as set out under the Health and Safety at Work, etc. Act 1974. To comply with health and safety regulations, they are supposed to take safety and risk assessment measures.
The Health and Safety Executive (HSE) has also given guidelines to ensure workplace safety in various industries, including agriculture.
If you’re employed on a farm, this duty of care also applies to your employer. You may have an eligible farm accident compensation claim against them if you suffer an injury due to a breach of their duty.
For example: You’re directed to operate heavy machinery in the fields despite a lack of training. Since you’re unable to handle the machine, you break your hand. There may be a valid accident at work claim against your employer.
Can I Claim If I Am A Seasonal Worker?
If you’re a self-employed or seasonal farm worker, you may wonder if you have the right to claim. As a seasonal worker, you’re entitled to some of the same rights as a full-time worker, which includes the right to health and safety at the workplace.
Therefore, you can make a compensation claim if you suffer a farm injury as a seasonal or contractual worker. This claim could be against your agency or the employer, depending on who controls your work environment.
You can reach out to our advisers for more details on the rights of temporary and part-time workers.
I Was Injured While Visiting A Farm, Can I Claim?
If you visit a farm, the individual or organisation in control of the farm is responsible for your safety to a reasonable degree. This individual or organisation is known as the occupier and is responsible for ensuring the safety of visitors. The Occupiers’ Liability Act 1957 underscores this duty on the part of the occupier. If the farm owner breaches this duty and you suffer an injury, you may have an eligible public liability claim against them.
For example: If you trip over a defective fence and break your arm. You may be able to make a claim against the owner of the farm.
My Child Was Injured Visiting A Farm. Can I Claim On Their Behalf?
If your child was injured visiting a farm, you can claim on their behalf by applying to become a litigation friend. While you have up to 3 years to start farm accident claims under the Limitation Act 1980, no time limit will apply if you claim for your child.
Your child can also make their claim after turning 18. In this case, they will have 3 years to initiate their claim or time until their 21st birthday.
You can speak to our advisers for help in claiming for your child.
How Can Agricultural Accidents Happen?
There are many causes for agricultural accidents which may lead to farm accident claims:
- Collision between vehicles
- Accidents involving animals
- Slips, trips and falls
- Crush injuries
- Injuries to the limbs due to machinery
Can I Claim For An Animal Attack On A Farm?
The duty of care towards visitors also includes protecting them from the animals on the farm. If the farmers fail to restrain or secure the animals, which they know to be dangerous, and you suffer an injury, you may be able to seek compensation for your injuries. Some common farm animal accidents include getting attacked by cows or dog bites or trampled by horses.
While farmers must restrain farm animals, walkers and visitors should also abide by the Countryside Code and avoid provoking animals.
You can contact our advisers for a free case assessment.
Common Injuries Sustained In Farm Accidents
Some common injuries which often form the basis of farm accident claims are:
- Fractures or broken bones
- Soft tissue injuries
- Back and neck injuries
- Infection due to diseases in animals.
You can reach out to our advisers for help in calculating the compensation possible for your injuries.
How Much Compensation For Farm Accident Claims
If your claim is successful, your farm injury compensation may include the following heads:
- General Damages: This is the compensation which you could claim for your actual injuries.
- Special Damages: This is the compensation which you may include for your financial losses due to the injuries.
Your solicitor or the person calculating your compensation may refer to the Judicial College Guidelines (JCG). These guidelines provide a list of injuries and the compensation bracket that could be claimed.
We have compiled some of the JCG figures in the table below. However, you must note that these are only guidelines and the first row isn’t from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | There is more than one injury along with loss of earnings and needing full-time care. | Up to £500,000+ |
| Very Severe Scarring- Facial Disfigurement | There is extreme psychological trauma accompanying severe facial disfigurement in relatively younger claimants. | £36,340 to £118,790 |
| Back Injuries- Severe (iii) | There could be a fracture of discs or soft tissue injuries, leading to chronic conditions. There would be some disability remaining despite surgery. | £47,320 to £85,100 |
| Serious Hand Injuries | Several fingers may have been amputated, reducing the hand to 50% capacity and impaired grip. | £35,390 to £75,550 |
| Arm Injuries Resulting in Permanent and Substantial Disablement | There is a serious fracture to one or both the forearms, causing permanent disability. | £47,810 to £73,050 |
| Severe Leg Injuries (iii) Serious | Serious fractures have happened in the joints, resulting in scarring and long period of treatment. | £47,840 to £66,920 |
| Severe Ankle Injuries | There is a long period of treatment and some residual instability, limiting the ability to walk. | £38,210 to £61,090 |
| Moderate (i) Hip or Pelvis Injury | The hip may be significantly injured and hip replacement is required. But there is no permanent disability or future risk. | £32,450 to £47.810 |
| Number of Noticeable Lacerations or One Disfiguring Scar on Body Parts | The compensation would depend on whether there are multiple scars or one disfiguring scar on the hand(s), arm(s), leg(s), back or chest. | £9,560 to £27,740 |
| Serious Shoulder Injury | The shoulder is dislocated which causes pain in the neck and elbow as well and a weakness of grip. | £15,580 to £23,430 |
As explained above, you may be able to include special damages or financial losses in your farm injury claim. Here are some of the financial losses which you may be able to claim for:
- Medical expenses
- Travel costs to and from the hospital
- Loss of earnings or any benefits.
- Modifications to the house and professional care.
Speak to an advisor for more clarity on what you could claim. As all farm accident claims are different, they can provide a tailored estimation of your compensation.
How To Start The Farm Accident Claims Process
Here are the important steps involved in making farm accident claims:
- Seek immediate medical attention to ensure the injuries don’t become more serious. If you subsequently claim compensation, this would also serve as a record of your injuries.
- If you’ve decided to make a farm accident claim, it’s recommended that you seek the assistance of a personal injury solicitor. While enlisting a solicitor is unnecessary, expert guidance is always recommended. Your solicitor will help you in many ways, such as valuing your compensation and collecting evidence.
- Gathering evidence is one of the most important steps to support your farm injury claim. In the next section, we’ll discuss the evidence you could use.
You can contact our advisors if you think you have an eligible farm injury claim. If your claim is eligible, we’ll connect you to our solicitors.
What Evidence Do I Need To Make A Claim For An Agricultural Accident?
Generally, the following evidence could be useful in farm accident claims:
- Contact details of those who were around at the time of the accident. This would help in preparing their witness statements.
- Medical records
- Details from the accident book.
- CCTV footage of the accident.
- Photographs of your injuries
For detailed guidance on collecting evidence, contact us now.
How Can Accident Claims Help Me Get Compensation?
Our solicitors have years of experience in handling farm accident claims. They will navigate the complex claim process, allowing you to focus on your recovery. You can be assured that our solicitors will work hard to ensure you receive compensation.
You might be concerned about the legal fees involved. However, our solicitors offer No Win No Fee agreements through a Conditional Fee Agreement (CFA). This means that you won’t have to pay any upfront service costs to your solicitor while your claim is pending or if your claim is unsuccessful. If you get compensation, your solicitor will deduct a legally-capped percentage as their success fee.
Get In Touch
Contact us now to make a farm accident claim with our No Win No Fee solicitors:
- Call us on 0800 073 8801.
- Reach us directly through our live chat.
- Contact us online.
More Information On Farm Accident Claims
We hope you found our guide on farm accident claims informative. Here are some other guides from our site:
- Our guide on making a hiking personal injury claim.
- Details on tractor accident claims.
- Information on tripping over cables at work.
Here are some external links for further information:
- Information from the NHS on rabies.
- Guidance on animal and human bites by the NHS.
- Details from the HSE on preventing accidents to children on farms.
