Farming can be a hazardous industry to work in due to dangerous machinery, vehicles, chemicals, livestock and heights. However, if you work in agriculture, your employer must adhere to relevant workplace health and safety legislation. If they fail to do so and you sustain injuries, you could be entitled to farm accident compensation.
This guide examines accident at work claims and when farm workers might be eligible to launch one. To help illustrate when farm accident claims could be valid, we look at a few examples of the types of incidents that could lead to agriculture injuries. Furthermore, we explain how compensation could be awarded for a successful farm accident compensation claim.
If you meet the eligibility requirements and decide to pursue a claim for an injury from a farm accident, you may like to have the support of a workplace accident solicitor. We conclude with a look at how a No Win No Fee solicitor can help with your farm accident claim.
Direct any questions you have about farm accidents and defective machinery claims to an advisor from our team. To talk about personal injury compensation:
- Call 020 8050 2736
- Request for an advisor to call you by filling in our claim online form.
- Ask about farm accident claims in our live chat.
Select A Section
- How To Make A Workplace Farm Accident Compensation Claim?
- What Workplace Injuries Could Lead To A Farm Accident Claim?
- How Much Farm Accident Compensation Could You Receive?
- How Do You Make A Workplace Farm Injury Claim?
- Can You Make A No Win No Fee Workplace Farm Accident Compensation Claim?
- Learn More About Workplace Accident Compensation Claims
How To Make A Workplace Farm Accident Compensation Claim?
All workplaces, including farms, must take reasonably practicable steps to ensure the health, safety and welfare of their workforce. This is the duty of care employers owe to their employees as set out in the Health and Safety at Work etc. Act 1974 (HASAWA). As part of this duty, your employer must adhere to relevant health and safety legislation, including:
- The Management of Health and Safety at Work Regulations 1999. This piece of legislation sets the requirements for risk assessments. Once an assessment has identified risks, your employer must take reasonably practicable steps to reduce them.
- The Personal Protective Equipment at Work Regulations 1992. Under these regulations, your employer must supply suitable personal protective equipment (PPE) if it is needed to safely carry out work duties.
- The Provision and Use of Work Equipment Regulations 1998 set out the regulations surrounding equipment and machinery. For example, machinery and equipment need to be inspected and well-maintained.
If your employer fails to comply with relevant health and safety laws, and you sustain an injury from a farm accident, you could be eligible to make a personal injury claim. However, in order to qualify for farm accident compensation, you must prove that:
- Your employer owed you a duty of care.
- They were in breach of this duty.
- You sustained injuries because of this breach.
Can I Claim If I’m A Self-Employed Farm Worker?
If you are self-employed and sustain an injury, you might be eligible for farm accident compensation. As a self-employed person or contractor on a farm, you are still owed the same duty of care that is owed to full-time employees. If the farm fails to adhere to the relevant health and safety laws and you sustain an injury in an agriculture accident, you might be entitled to make a self-employed injury at work claim. Call an advisor to find out more.
What Workplace Injuries Could Lead To A Farm Accident Claim?
There are various ways you could sustain an injury in a farm accident. These include:
- Manual handling accident. Employers should ensure that the loads you are asked to move aren’t too heavy. If these loads are too heavy and ways to reduce the risk, aren’t provided, you could sustain back and shoulder injuries.
- Farm equipment accidents. For example, there may be a blockage in a piece of equipment such as a harvester. You should receive appropriate training to remove the blockage before attempting to do so, including how to ensure the machinery is fully shut down. If your employer fails to train you, you could sustain amputation injuries.
- Fall from a height. All equipment you are required to use to carry out your work duties needs to be safe for its intended use. For example, you may be required to climb a ladder. However, the ladder you were using was broken. This caused you to fall from a height sustaining head injuries and spinal cord injury as a result.
- Farm animals. There should be safety procedures in place for handling livestock. There should be proper restraining and handling equipment to minimise any risks when handling livestock for routine tasks. Failure to provide training could mean an employee is attacked or crushed due to a livestock incident.
Farm Accident Statistics
The Health and Safety Executive (HSE) monitor workplace health and safety, including on farms. To help them with their role, certain workplace incidents must be reported to them under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). The HSE published details of work-related non-fatal injuries on 22 November 2023. Across all industries, between 1st April 2022 and 31st March 2023, there were 60,645 reportable injuries. Of these:
- 690 occurred within agriculture, forestry and fishing.
- 575 of these 690 reportable incidents occurred due to crop and animal production, hunting and related service activities.
If you would like to find out if you could claim compensation for your farming injuries, speak to one of our advisors.
How Much Farm Accident Compensation Could You Receive?
If you make a successful claim for farm accident compensation, your settlement could consist of two parts. These are general damages for the physical pain and emotional suffering and special damages for the costs incurred as a result of your injury.
Those tasked with valuing general damages, such as personal injury solicitors and legal professionals, may refer to the compensation guidelines from the Judicial College (JCG) to help.
Our table below provides a few figures from the 17th edition of the JCG for injuries that could be sustained in a farming accident. We’ve also provided a figure in the top row that shows how you could be compensated for multiple injuries and special damages. This figure is not from the JCG. As all farm accident claims are different from each other, the table is only to be used as a guide.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Severe | Settlements could compensate for more than one severe injury and related expenses, including lost wages and care costs. | Up to £1,000,000+ |
| Brain Damage | Very Severe | Nursing is required on a full time basis due to severe cognitive and physical disabilities. | £344,150 to £493,000 |
| Arm Amputations | Loss of One Arm | The arm has been amputated at the shoulder. | Not less than £167,380 |
| Injuries to the Pelvis and Hips | Severe (i) | Substantial residual disabilities, such as lack of bladder and bowel control, sexual dysfunction and deformity due to extensive fractures. | £95,680 to £159,770 |
| Neck Injuries | Severe (ii) | Considerably severe disabilities, such as loss of neck movement and function in at least one limb, from serious fractures. | £80,240 to £159,770 |
| Hand Injuries | Total or Effective Loss of One Hand | This applies to both surgical and traumatic amputations, such as a surgical amputation following a crush injury or a traumatic amputation of most of the palm. | £117,360 to £138,810 |
| Foot Injuries | Amputation of One Foot | This is valued in the same way as a below-knee amputation. | £102,470 to £133,810 |
| Finger Injuries | Amputation of Index and Middle and/or Ring Fingers | As a result of these amputations, the hand is of very little use. | £75,550 to £110,750 |
| Leg Injuries | Severe (ii) | Very serious injuries that cause permanent mobility problems, extensive treatment and serious deformity. | £66,920 to £109,290 |
| Back Injuries | Severe (ii) | Back injuries with nerve root damage that causes loss of sensation, mobility impairments, impaired bladder and bowel, sexual difficulties and scarring. | £90,510 to £107,910 |
Special Damages For Farm Accident Compensation Claims
Part of your settlement (if you make a successful claim) may also consist of special damages to compensate for your out of pocket expenses related to the injury. You could recover the costs of:
- Lost wages.
- Care costs.
- Domestic help, such as with childcare while you recover.
- Medical expenses.
As part of the farm injury compensation claims process, you will need to submit proof of your expenses. For example, you could submit receipts and invoices as well as bank statements and wage slips.
If you have any questions about how farm accident compensation could be awarded, speak to a member of our advisory team.
How Do You Make A Workplace Farm Injury Claim?
As part of the personal injury claims process, you will need to submit supporting evidence. This needs to show liability for the injuries you suffered. Examples of evidence that might be useful when claiming farm accident compensation include:
- A copy of the accident book. Any workplace, including a farm, that has 10 or more staff members must have an accident book to record incidents. The entry should include your name, the time and date and any other relevant details.
- A copy of your medical records. You can request a copy of your medical records if you sought treatment for your farm injury. These will contain details about the nature of the injury.
- Witness contact details. If anyone saw the accident that resulted in your farm injury, you could note their contact information so a witness statement can be given further into the claims process.
- Photographs. You can submit images of the items, such as a tractor, that caused your injuries, the aftermath of the accident or the injuries themselves.
If you need free advice about gathering evidence, speak to a member of our advisory team.
Can You Make A No Win No Fee Workplace Farm Accident Compensation Claim?
If you are eligible to claim farm accident compensation, you may like to have a personal injury solicitor to help with your case. One of the personal injury solicitors from our panel could support your claim. Generally, our panel offer a No Win No Fee service under a Conditional Fee Agreement (CFA).
When working with a No Win No Fee solicitor, you:
- Won’t be charged upfront for their services.
- Also won’t be asked to pay ongoing fees.
- Don’t have to pay for their work on your farm accident claim if it fails.
- Only have a small success fee taken from your award if your farm injury claim is successful. This is a legally limited percentage.
Direct any questions about farm accident claims to a member of our advisory team. Any advice they give is free and if you meet the eligibility, you could be connected to one of the farm accident solicitors from our panel.
To talk about accident at work claims:
- Call 020 8050 2736
- Fill in our claim online form and an advisor will call you.
- Ask about claiming for an accident at work in our live chat.
Learn More About Workplace Accident Compensation Claims
A few extra guides:
- Details about making an electric shock at work claim.
- Guidance on serious injury at work claims and how much compensation could be awarded.
- Information about the time limit for personal injury claims.
External resources that might be helpful:
- Advice on health and safety on farms from the government.
- The HSE’s Farmwise booklet, which contains information on health and safety for anyone working in farming.
- Guidance on when to call 999 from the NHS.
If you have any further questions about making a workplace injury claim for farm accident compensation, please talk to an advisor.