Illinois Farming Accident Lawyer
Experienced Personal Injury Attorneys Helping People Injured in a Farm Accident
Most people would not guess that agricultural jobs are ranked among the most dangerous jobs available.
With large machinery, animals, and a wide variety of chemicals, there are countless ways workers can hurt themselves. Regardless of the size of the farm, many injuries and even fatalities happen every year on farms across the U.S.
Rosenfeld Injury Lawyers LLC has years of experience in investigating, prosecuting, and resolving Illinois farm accident injuries.
Our 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. We invite you to contact our Illinois farm accident lawyers today for a free review of your case.
If you or a family member were injured while working on a farm, you are likely entitled to workers' compensation benefits. Contact the workers' compensation attorneys at Rosenfeld Injury Lawyers LLC for more information and a free review of your legal rights and options.
Our 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.
Farm Injury Statistics: A Discouraging Perspective on Worker Safety
The agricultural industry comprises everything from large industrial operations to smaller, family-run farms. It 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 serious and fatal injuries.
In 2016, there were an estimated 1.8 million full-time workers and over 5 million combined workers in the agricultural industry. In the same year, 476 farm workers lost their lives from work-related accidents. About 243 farm workers are injured every day, with 5% of these injuries resulting in permanent impairment.
Over 1 million children under the age of 20 live on farms, with over half of them performing work on the farm. In 2009, there were also an additional 230,000 adolescents that worked on farms that do not reside on farms. An average of 113 children under 20 years of age dies each year on farms in farm work-related accidents.
In 2015, there were 16, 100 children and adolescents injured on farms, 3,400 directly related to work injuries.
Older farm workers are at high risk for fatalities. The Census of Fatal Occupational Injuries data shows that workers over 55 years of age were the victims of over half of the agriculture worker deaths between 1992- 2004.
Tractor overturns are the leading cause of death, accounting for 90 deaths annually on farms. Many of these could have been prevented with the use of 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 farm worker 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 other workers.
In Illinois workers' compensation benefits were available for all qualified workers injured at the workplace or in a machinery, trucker auto accident.
Common Causes of Farm Accidents
Depending on the type of farm, there is a wide variety of accidents that can happen in day-to-day agricultural work.
Although tractor accidents are the leading cause of fatalities there are many types of equipment and other dangerous conditions for agricultural workers to contend with.
- Farm equipment malfunctions
- Chemical exposures
- Tractor rollovers
- Toxic chemical exposure
- Animal injuries
- Silo suffocation
- Fires and explosions
- Machinery and truck accident rollovers
- Equipment defects
- Combine, grain bin and other equipment accidents
Some accidents can be due to improper training or 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.
There are also chemicals and pesticides that may be harmful that do not have the proper warning information provided. In these types of accidents, the fault is often the makers and manufacturers of the agricultural farm equipment and products.
The agricultural industry is part of what makes the U.S. sustainable and helps feed not only Americans but people from across the world. It is necessary to the economy and well being of the country.
However, it is a dangerous industry and agricultural workers must strive to use any safety precautions they can to keep themselves safe. It is also the owners of these farms' duty to provide the proper safety 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 Workers Compensation Act.
The Act is not fault based and automatically provides the following compensation benefits to injured workers:
- Lost wages benefits
- 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 lawyers handle workers comp cases on a contingency fee basis and only receive a legal fee when we are successful in obtaining benefits for you. Contact us today for a free consultation.
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 worker under workers comp 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, this could include financial compensation (in addition to workers compensation benefits) for both economic and non-economic damages.
In a personal injury cases involving a farming accident, this 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 family of the deceased 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.
Illinois Accident Attorneys Representing People Who Have Suffered an Injury At a Farm
Many agricultural injuries involve powerful machinery and are truly life-changing events for the individuals involved. Frequently, these work-related injuries are magnified due to delayed medical attention or inadequate medical attention in rural areas.
Rosenfeld Injury Lawyers LLC understands the issues involved in these Illinois personal injury cases and works to secure the maximum recovery from all responsible parties through serious injury claims.
Like all work-related injuries and accidents, farm workers are entitled to receive Illinois Workers’ Compensation benefits paid through their employer's insurance company coverage. A Worker's Compensation claim will cover medical expenses, time away from work, pain, and suffering.
If you have questions related to your legal rights related to farm injuries, contact our Chicago, IL personal injury law firm for a free consultation with an attorney who has handled matters involving people who have sustained serious injuries while working on a farm.
Example Farm Injury Settlement for our Clients
Our Illinois farming accident attorneys 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 he was working.
Soon after fact witnesses were deposed, out attorneys were able to reach a settlement with a mediator.
Farm Worker Accident FAQs
Below are some frequently asked questions related to dangerous farming accidents. We appreciate that many of these questions will give rise to additional questions related to your situation.
We invite you to contact us for a free case review with an attorney experienced with helping individuals and families recover the compensation you deserve for cases involving serious injury or fatalities.
What Are Some of the Causes of Most Accidents on the 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, and crushed limbs by agricultural machinery.
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 an injury lawsuit against a responsible entity. Your failure to file a lawsuit within the statute of limitations will forever bar your recovery and ability to recover compensation.
While two years may seem like a long time to bring a case, most cases involving farm injuries require extensive investigation and case preparation.
Consequently, if you or a family member was injured in an Illinois farming accident, contact an attorney as soon as feasible so they can conduct an investigation into the case and determine who the responsible parties are.
How Many Farmers Die Each Year?
Statistics maintained by the CDC (Centers for Disease Control and Prevention) reveals that over 400 farmers and farm workers lost their lives in 2017 in a work-related accident. Statistically, the fatality rate for farm hands is 20.4 for every 100,000 workers.
Is Farming the Most Dangerous Job?
Statistics show that every day in the United States, approximately one hundred farmworkers suffer injuries severe enough to lose time from work 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.
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 of 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 lips.
Contact a Farm Workers Compensation & Personal Injury Law Firm
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 with an eye towards protecting the rights of our clients 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 personal injury 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. Please do not send sensitive information to our law office through voicemail, email, or text message. Our injury attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).
- 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 Accidents
- Gain Bin Accidents
- Livestock & Motor Vehicle Work Accidents
- Bulldozer Accidents