Can I Claim Farm Accident Compensation?
Use our guide to learn how you could be entitled to farm accident compensation.
£85 million in compensation
Can I Claim Farm Accident Compensation?
Use our guide to learn how you could be entitled to farm accident compensation.
How To Claim Farm Accident Compensation
The farming and agricultural industry can pose numerous risks to both employees working on a farm and visitors to the farm. If this is due to the farm manager not adhering to their legal obligations, you could make a farm accident compensation claim.
The Health and Safety Executive (HSE) reported that between 2019 and 2024, 8,000 farm employees suffered non-fatal injuries. The HSE monitors health and safety in the workplace in Great Britain. There are, however, no reported statistics on the number of public liability farming accidents, but if you have experienced an injury at a farm which wasn’t your fault, you could have the basis to make either an accident at work claim or a public liability claim with us.
What You Need To Know
- You could make a No Win No Fee claim if you’ve had a farm accident that wasn’t entirely your fault.
- If you were working on a farm at the time of the accident, you can make an accident at work claim.
- As a visitor to a farm, you are also able to make a public liability claim.
- You typically have 3 years from the date of your accident to make your claim.
- You could claim for financial losses incurred from your accident as well as the injuries.
Contact Us
To discuss your farm accident compensation claim, you can contact our friendly advisors by:
- Calling us on 0151 375 9916
- Filling out our online claim form
Can I Claim For Farm Accident Compensation?
Yes, you would be eligible to make a farm accident compensation claim if your case meets the necessary criteria. For you to be eligible, we must prove:
- You were owed a duty of care.
- This duty was breached by the person who owed it to you.
- This breach directly caused your injury or accident.
These three components amount to negligence, which forms the basis of your claim.
Below, we discuss who owes you a duty of care in different situations.
Claiming Compensation As A Farm Worker
If you have been injured whilst at work, you may be able to make an accident at work claim with us.
Under the Health and Safety at Work etc. Act 1974, all employers owe you as their employee a duty of care to take reasonable steps to ensure your health and safety in the workplace.
Your employer can uphold their duty of care through:
- Providing adequate personal protective equipment in line with the Personal Protective Equipment at Work Regulations 1992
- Ensuring regular risk assessments are carried out
- Performing frequent checks on machinery and making sure repairs are carried out in a timely manner
Additionally, your employer can consult the HSE for legal guidance on the safety of their employees. They can also fulfil their legal duties by adhering to both the Control of Substances Hazardous to Health Regulations 2002 and the Management of Health and Safety at Work Regulations 1999.
An example of how an accident at work could lead to a farm accident compensation claim could be:
- You have reported to your employer that the tractor you are working with is faulty. Your employer has asked you to work on the tractor, and the brakes haven’t been maintained. You drive towards a farm building, and the brakes fail to work, causing you to crash into the building, suffering a severe head injury and a broken leg as a result.
Claiming Compensation As A Farm Visitor
You could even make a claim if you visited the farm and ended up suffering an injury that wasn’t your fault. This is referred to as a public liability claim.
Under the Occupiers’ Liability Act 1957, the duty of care that is owed to you is that the individual or organisation who is responsible for the premises shall take practical steps to ensure that you are reasonably safe whilst using the premises.
This duty can include:
- Regularly maintaining the premises, including pathways
- Performing risk assessments to determine potential risks
- Placing signage to indicate any risks to ensure visitors are kept reasonably safe
A public liability accident may lead to a farm compensation claim if:
- You are walking along a public footpath at the farm. You tripped on an unmarked paving stone, which was cracked, causing you to suffer a broken ankle and soft tissue injuries.
If you visited a farm as a visitor and suffered an injury that wasn’t your fault, contact us today to discuss the validity of your claim.
Can I Make A Farm Accident Claim On Behalf Of A Loved One?
Yes, you can make a claim for a loved one in two different circumstances:
- If the claimant is under 18, they can’t make a claim on their own behalf as a minor.
- If the claimant is someone who is mentally incapacitated, therefore unable to claim on their own behalf. They are known as a vulnerable adult.
Making a claim on behalf of a loved one is referred to as being a litigation friend, which can be appointed, or we can help you apply to act on behalf of a loved one. As a litigation friend, you have a few responsibilities, including:
- Make decisions in the claimant’s best interest
- Discuss the claim with the claimant’s solicitor
- Update the claimant about the status of their claim
If you have any questions about claiming on behalf of someone else, contact us today and one of our advisors will be happy to answer any questions you might have.
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How Much Compensation Can Be Awarded In Farm Accident Claims?
In successful farm accident compensation claims, the sum of compensation you could receive is dependent on a few factors. Typically, your compensation can be comprised of two heads of loss referred to as general and special damages.
General damages is compensation concerned with the pain, suffering and any loss of amenity caused by your accident. This can include if your accident has left you unable to engage in activities in the same way you could before the accident.
Those responsible for calculating your compensation can refer to documentation, such as the Judicial College Guidelines (JCG), to help determine the amount. The JCG is a framework which offers categories of injuries and guideline compensation brackets.
Our table below presents indicative figures for compensation amounts in farm accident claims. Please note that the top entry has not been taken from the JCG and that these are guideline amounts only.
Injury | Notes | Compensation Guideline |
---|---|---|
Multiple Severe Injuries and Special Damages | A number of different serious injuries as well as special damages such as loss of earning potential | Up to £1,000,000+ |
Injuries Involving Paralysis Tetraplegia (also known as Quadriplegia) | Significant brain damage, reduced life expectancy and the degree of independence will impact the amount of compensation | £396,140 – £493,000 |
Brain Injury Very Severe | Individuals may show some ability to follow commands, little to no language function, and double incontinence | £344,150 – £493,000 |
Amputation of Arms Loss of One Arm (i) | Arm amputated at the shoulder joint | Not Less Than £167,380 |
Pelvis and Hips Severe (i) | Individuals may show a ruptured bladder, and extensive fractures of the pelvis | £95,680 – £159,770 |
Leg Injury Severe (ii) Very Serious | Serious deformity, permanent problems with mobility and cases where further surgical treatment is likely | £66,920 – £109,290 |
Ankle Injury Severe | Ankle instability, severely limited ability to walk, impact on employment | £38,210 – £61,090 |
Total and Partial Loss of Index Finger | Disfigurement and impairment of grip and dexterity | £14,850 – £22,870 |
Chest Injury (d) | Simple injury such as a single penetrating wound | £15,370 – £21,920 |
Toe Injury Serious Toe Injuries | Crush or multiple fractures to two or more toes | £11,720 – £16,770 |
How Can Compensation Help After A Farm Accident?
As we briefly discussed above, the second head of loss is known as special damages. This compensation could help you after your farm accident, as it addresses financial losses resulting from your injuries.
Your special damages could include compensation for:
- Loss of earnings or earning potential – if your accident has left you unable to work, then these lost earnings will be assessed and considered in your special damages.
- Travel costs – if you have had to pay for transport to and from the hospital for appointments, for example.
- Medical treatment costs – you might’ve suffered severe injuries which require costly medical procedures. These costs will be calculated and taken into consideration.
This compensation can provide financial relief in the aftermath of your accident. We understand that suffering an injury that wasn’t your fault can be stressful, especially due to the economic impact caused by the accident.
Our team can help you claim special damages, but to do so, we need to gather evidence. As with your normal evidence, this can be documents which help to prove your financial losses, so your evidence could be:
- Payslips to highlight a loss of earnings or earning potential
- Travel receipts to show transportation costs
- Medical invoices or prescription receipts
Compensation cannot undo the accident or injuries you have suffered, but it can help you through the next steps of your life following the accident.
If you would like to learn more about how personal injury compensation could help you, contact us today.
Will A Compensation Claim Negatively Impact The Farm?
No, a claim against the farm shouldn’t negatively affect their business.
If you have had an accident at work, any place of employment has a legal obligation to take out Employers’ Liability Insurance to cover at least £5 million in damages. This insurance policy would be the source of your compensation.
However, if you made a public liability claim against the farm, they should also hold a Public Liability Insurance policy to protect themselves from compensation claims from visitors. Again, if your public liability claim were successful, then your compensation would be paid out of this insurance policy.
In short, your compensation would be paid out of either an Employer’s Liability or a Public Liability insurance policy, and it wouldn’t negatively impact the farm.
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We pride ourselves on providing the best service possible for our clients.
What Can Be Covered In A Farm Accident Claim?
Below, we will outline the common non-fatal farm accidents that lead to farm injury claims:
- Falls from height
- Contact with machinery
- Injuries caused by an animal
- Slip, trip or fall on the same level
- Being struck by an object
Furthermore, as a visitor, you can also suffer a range of different injuries such as:
- Chemical injuries
- Crush injuries
- Soft tissue damage, including bruising, damage to tendons or ligaments
- Head injuries
- Broken or fractured bones
These injuries are not an exhaustive list, so if your case particulars are different, please don’t worry. You may still be able to make a claim with us; contact us today to discuss your claim validity.
How Do I Begin A Farm Accident Claim?
A crucial step in any compensation claim is gathering evidence. Your evidence can help demonstrate what caused your accident and ultimately establish that it was the fault of someone else.
As part of the services offered by our solicitors, they could help you in compiling this evidence to support your claim. Your evidence could be documents and items such as:
- CCTV footage of the accident, if it was caught on camera.
- Your medical records or GP records to help detail the extent of your injuries.
- Contact details of any potential witnesses who might have seen the accident so that one of our No Win No Fee solicitors could obtain a witness statement from them at a later date.
- Any photographs of the injuries or the accident itself.
Another vital step of a claim is ensuring it is still within the time limit. Under the Limitation Act 1980, all compensation claims are subject to a time limit of three years from the date of the accident. However, there are some exceptions to this for injured persons who cannot manage a claim themselves, including children and those with limited mental capacity.
To learn more about evidence or discuss whether your claim would still fall under the permitted time limit, call us today. Our advisors are available 24/7 to discuss your claim.
No Win No Fee Farm Accident Compensation Claims
At JF Law, our solicitors work under a type of contract called a Conditional Fee Agreement, which can help you seek farm accident compensation without the stress or worry of mounting solicitor fees.
You won’t have to pay any solicitor’s fees to begin your claim or to progress your claim. You also wouldn’t be required to pay a penny in solicitor’s fees if your claim were unsuccessful.
If your claim is successful, however, a small fee will be taken at the end of your claim from your compensation.
This success fee is a limited percentage to ensure you receive the majority of your compensation in line with the Conditional Fee Agreements Order 2013.
If you have any questions about how No Win No Fee claims work, please don’t hesitate to contact us to discuss this further.
How JF Law Can Help Me With My Claim
Our solicitors have a combined experience of successfully handling farm accident claims. We understand that making a claim can feel daunting and overwhelming, which is why our solicitors are committed to providing you with a personalised approach and offering you support through each step of your claim.
A few benefits of instructing a solicitor from JF Law include:
- Frequent and regular contact to update you about the progress of your claim
- Gathering evidence to strengthen your claim
- Providing clear and concise answers to any questions you may have about the progress of your claim
- Helping you to apply to act as a litigation friend
- Ensuring that your farm accident compensation claim is started within the time limit
Contact Our Advisors
To discuss your farm accident compensation claim, you can contact our specialist advisors by:
- Calling us on 0151 375 9916
- Filling out our online claim form
Learn More
Read our other guides about:
- How to make a manual handling claim
- Factory accident claims
- Forklift accident at work
Helpful External Resources
- How to claim Statutory Sick Pay from GOV.UK
- When to report a workplace accident from HSE
- NHS guidance about back pain
Thank you for reading our guide about farm accident compensation.
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