Farming Accident Lawyer
Experienced Personal Injury Attorneys Helping People Injured in a Farm Accident
If you or a family member were injured while working on a farm, you are likely entitled to file for the workers' compensation you deserve. Contact the workers' compensation attorneys at Rosenfeld Injury Lawyers LLC for more information and a free review of your legal rights and options.
Our personal injury law firm handles farm accidents and trauma cases on a contingency fee basis, where we only receive a legal fee when we are successful in obtaining a financial recovery for our clients. If there is no recovery, our legal services are completely free. Contact us today for a free case evaluation.
For centuries, work in the agriculture industry has remained one of the most dangerous jobs in the nation. With large machinery, animals, and a wide variety of chemicals, there are countless ways workers can hurt themselves.
Unfortunately, regardless of the size of the farm, many injuries and even fatalities happen every year on farms across the U.S.
Farm Injury Statistics: A Discouraging Perspective on Worker Safety
The agricultural industry comprises everything from large industrial operations to smaller, family-run farms. As one of the most dangerous occupations in the United States, farming is one of the few businesses that often have families that live and work on the farm of various ages, not just adult workers.
According to the Center for Disease Control, farming is a high-risk business with many large capacities for severe and fatal injuries. Recent statistics reveal that over 400 farmers and farm workers die annually from agricultural work-related injuries at a fatality rate of 19.2 deaths per 100,000 farmers.
In 2016, there were an estimated 1.8 million full-time workers and over 5 million combined workers in the agricultural industry. Unfortunately, in the same year, 476 farm workers lost their lives from work-related accidents.
In addition, over 240 farmers and farm workers are injured every day, with 5% of these injuries resulting in permanent impairment.
Farm-Related Injuries Among Children
Over one million children under 20 years of age live on farms, with over half of them performing work on the farm.
In 2009, approximately 230,000 adolescents worked on farms that were owned and operated by others. Unfortunately, an average of 113 children under 20 years of age dies each year on farms in farm work-related accidents.
In 2015, 16,100 child and adolescent accident victims were injured on farms, 3,400 directly related to work injuries.
Older farmworkers are at high risk for fatalities in workplace accidents. The Census of Fatal Occupational Injuries data shows that farmworkers over 55 years of age were victims of over 50% of the agriculture work-related deaths between 1992 and 2004.
Tractor rollovers remain a leading cause of death, accounting for 90 deaths annually on farms. Many of these could have been prevented using Roll-Over Protective Structures, but in 2010, only 59% of tractors were equipped with these devices.
According to OSHA (Occupational Safety and Health Administration), the rate for farmworker injuries was 20% higher in 2010 than other types of work injuries, with 4.8 injuries per 100 versus 3.8 per 100 for all workers in all other industries.
In Illinois, workers' compensation benefits were available for all qualified employees injured at the workplace or in a truck or auto accident.
Common Causes of Farm Accidents
Depending on the type of farm, there is a wide variety of accidents in day-to-day agricultural work.
Tractor accidents remain the leading cause of fatalities. Additionally, farmers and farmworkers are often severely injured by defective farm equipment and hazardous work conditions, including:
- Malfunctioning or defective farm equipment
- Chemical exposures
- Grain auger accidents
- Tractor rollovers
- Toxic chemical exposure
- Animal farm-related accident
- Silo suffocation
- Fires and explosions
- Hay baler accidents
- Machinery and truck accident rollovers
- Power take-off injury & entanglement
- Equipment defects
- Combine, grain bin and other equipment accidents
Some accidents can be due to improper training or the use of safety gear. It is up to farm owners to provide a safe and healthy work environment just like any other employer. However, many of these injuries also happen to the farm owners and their families due to no fault of their own.
There have been many cases of malfunctioning or defective equipment and machinery that have put agricultural workers and farm-owning families at risk for injury sustained in their workplace.
Some chemicals and pesticides could be harmful if proper warning information is not included on the packaging or followed by the farmworker. Unfortunately, in these types of accidents, the manufacturers of the agricultural farm equipment and products are often at fault for the farm worker's injuries. Our office is actively prosecuting cases involving Alzheimer’s from Paraquat exposure and Roundup non-hodgkins lymphoma.
Sustainability in the United States results from the agricultural industry feeding Americans at home and other countries worldwide. Therefore, regulators must ensure that agricultural workers remain safe in their workplaces to maximize our country's economy and the well-being of its citizens.
However, it is a dangerous industry where agricultural workers must strive to use safety precautions when working with dangerous farm equipment to ensure they remain safe. The farm owners also must provide the proper safety gear and equipment, and training for their workers.
Workers Compensation Benefits
As a general rule, if you are injured on the job in Illinois, you are covered under the Illinois Worker's Compensation Act.
The Act is not fault-based and automatically provides the following compensation benefits to injured workers:
- Lost wages
- Medical expenses reimbursement for past and future medical care
- Lump-sum payment based on the extent of your injury
- Vocational training if you are incapable of returning to your pre-injury position
Our farm accident lawyers handle worker's compensation on a contingency fee guarantee and only receive a legal fee when we successfully obtain benefits for you. Contact us today for a free consultation to discuss receiving fair compensation for your medical bills, time away from work, pain-and-suffering.
Our personal injury lawyers will also seek out additional defendants (third parties) that might also be at fault for causing your damages. Our attorneys will ensure you receive compensation paid by the defendant's insurance company.
Civil Law Benefits Potentially Available in a Farm Injury Case
While you cannot pursue a civil claim against your direct employer under Illinois tort law, you may be able to pursue a product liability or general negligence case against the entity responsible for your injury.
While benefits afforded an injured employee under the workers' comp program are intended to provide a basic level of support, a civil claim (also referred to as a third-party lawsuit) can help in compensating you fully for your losses.
When pursuing a civil claim involving farm accidents, the case resolution could include financial compensation (in addition to workers' compensation benefits) for both economic and non-economic damages.
In personal injury cases involving a farming accident, a monetary recovery may include compensation for:
- Medical expenses for all past and future medical care
- Past and future lost wages
- Pain and suffering
In the case of fatal farming accidents, the deceased's family may file a wrongful death lawsuit against the responsible parties to recover for their loss of emotional and economic support.
If you have questions about a civil claim for a farming injury or fatality case, contact our law firm for a free consultation and help with an experienced attorney. Rosenfeld Injury Lawyers LLC has years of experience investigating, prosecuting, and resolving Illinois farm accident injuries.
Our experienced attorneys will take the steps necessary to gather the evidence and determine the responsible parties, and ultimately hold them accountable for their actions in court. Therefore, we invite you to contact our Illinois farm accident lawyers today for a free review of your case.
Illinois Accident Attorneys Representing People Who Have Suffered an Injury At a Farm
Many agricultural injuries involve powerful machinery where catastrophic accidents are genuinely life-changing events for the individuals involved. Frequently, these work-related injuries are magnified due to delayed medical attention or inadequate care in rural areas.
Rosenfeld Injury Lawyers LLC understands the issues involved in these Illinois personal injury cases and works to secure maximum recovery from all responsible parties through serious injury claims.
Like all farm accidents and work-related injuries, farmworkers are entitled to receive Illinois Workers' Compensation benefits to recoup their medical bills paid through their employer's insurance company coverage. A Worker's Compensation claim will cover medical expenses, time away from work, pain, and suffering.
Call our Chicago, IL personal injury law firm for a free consultation at (888) 424-5757 to discuss any questions you have related to your legal rights. Speak with an attorney who has handled matters involving people who have sustained severe injuries while working on a farm.
Example Farm Injury Settlement for our Clients
Our Illinois farming accident lawyers were able to secure a $2,100,000 settlement for a 45-year-old man who fell from the roof of a grain silo in Bloomington, IL. The fall resulted in multiple compression fractures to the man's lower back that necessitated a lumbar fusion.
Soon after we were retained, we hired an investigator to inspect the silo and scene of the incident. The investigation revealed that the silo was not properly constructed and was missing vital structural bracing that caused the roof to give way while working.
Soon after fact-witnesses were deposed, our attorneys worked to settle the case using a mediator.
Farm Worker Accident FAQs
We understand that many families have unanswered questions concerning farm accidents, dealing directly with insurance companies, and applying for Worker's Comp benefits. A farm accident lawyer has answered some of the frequently asked questions below related to dangerous farm accidents.
For more information, call our national trial lawyers today at (888) 424-5757 or use the contact form to discuss your legal rights to receive compensation for your damages. An experienced attorney can help you and your family recover the compensation you deserve for cases involving severe injury or fatalities.
What Are Some of the Causes of Most Accidents on a Farm?
The leading cause of farming accidents involves overturned heavy machinery and tractors. Other causes include suffocation, lethal exposure to toxic chemicals, falls, animal-related injuries, heat stress, deadly brain & back injuries, and crushed limbs by agricultural machinery.
Data collected by insurance companies reveal that a work-related injury kills many farmers and farmworkers in the fields, and others succumb to illness after years of exposure to toxic chemicals.
How Long Does an Injured Worker Have to File a Lawsuit Arising Out of a Farm Accident?
In Illinois, you generally have two years from the date of the incident to file a farm accident injury lawsuit against a responsible entity. Your failure to file a lawsuit within the statute of limitations will forever bar your rights to recover compensation.
While two years may seem like a long time to bring a farm accident claim, most cases involving farm injuries require extensive investigation and case preparation. Proving the farm accident case will require showing malfunctioning farm equipment or how the employer failed to follow safety standards.
Consequently, if you or a family member was injured in an Illinois farming accident, contact a farm accident lawyer as soon as feasible so they can conduct an investigation into the case and determine who the responsible parties are to hold them accountable.
How Many Farmers Die Each Year in Farm-related Accidents?
Statistics maintained by the CDC (Centers for Disease Control and Prevention) reveals that over 400 farmers and farmworkers lost their lives in 2017 in a work-related accident. Statistically, the fatality rate for farmhands is 20.4 for every 100,000 workers. Many of these cases involved traumatic brain injury or back injuries caused by malfunctioning heavy machinery.
Many surviving family members will file a wrongful death lawsuit using personal injury lawyers to receive compensation through the employers' insurance companies to recoup damages, including medical bills and lost familial support.
Is Farming the Most Dangerous Job?
Statistics show that approximately a hundred farmworkers suffer injuries severe enough to lose time from work every day in the U.S. while recovering. Some statistics reveal that over twenty-four months beginning in 2008, one-half of all crop workers suffered strain and sprain injuries.
By 2014, approximately 12,000 children suffered injuries on farms, and 4000 were injured while working on a farm. Children are highly susceptible to back injuries after working long hours, lifting heavy equipment, machinery, and produce.
What Percentage of Farm Work Fatalities Are Tractor-related?
Nearly 45% of all accidents occurring on a farm are the result of tractors rolling over. The U.S. Department of Labor Statistics shows that about sixty-five farmworkers die every year in tractor-related accidents.
About 50% of all tractor accidents resulted from the farmhand not wearing a seat belt or the tractor not being equipped with a rollover protection system (ROPS).
What Causes Tractor Rollovers?
Many side rollovers in the farming community occur because of the centrifugal force pushing the tractor while making a turn. Often, the operator loses control of the tractor because of a heavy load on the vehicle's drawbar.
Other tractor rollovers are caused by unevenly applying the brakes while the vehicle is operating at high speed.
What Are the Defects in Hazards Associated with Farm Tools?
Defective equipment, including tractors, plows, hay balers, mowers, harvesters, and tractors, can cause life-altering debilitating injuries that could include burns, bone fractures, amputation, electrocution, and more.Defective designs and many farm tools include pinch points, wrap points, spring points, freewheeling points, and faulty hydraulic hoses and lifts.
Contact a Farmworkers Compensation & Personal Injury Law Firm For Legal Representation
In Illinois farm injury cases, our personal injury attorneys commonly investigate the role of landowners, product manufacturers, management companies, maintenance companies, and others working on the farm– all intending to protect our clients' rights in the farming industry.
Have you suffered a farm accident trauma, or were you involved in a work-related injury or lost a loved one through wrongful death? If so, contact our farm accident lawyers today at (888) 424-5757 (toll-free phone call) for help and to schedule a free consultation.
All discussions with our personal injury law firm remain confidential through an attorney-client relationship. Therefore, please do not send sensitive information to our law office through voicemail, email, or text message.
Our farm accident attorneys follow CDC (Centers for Disease Control and Prevention) social distancing guidelines to prevent the spread of Covid-19 (coronavirus pandemic). Our law firm currently represents clients in Paraquat lawsuits involving Parkinson's Disease.
- Power Take Off Injury & Entanglement
- Farm Tractor Rollover Accident
- Hay Baler Accidents
- Front End Loader Accidents
- Grain Auger Accidents
- Skid Steer Loader Accidents
- Backhoe Accidents
- Farm Tractor Roadway Accidents
- Grain Silo Explosion
- Gain Bin Accidents
- Livestock & Motor Vehicle Work Accidents
- Bulldozer Accidents