Together with construction, farming and agriculture make up the most dangerous industries in Ireland, and farm accident compensation claims are far from unusual. If you were injured on a farm, whether you were there as an employee or as a visitor, you may have a number of questions about how to make an injury compensation claim. Our experienced farm claims solicitor is very knowledgeable about the types of injury that occur on farms and also in seeking compensation for injured farm workers. You may call and speak to him on our claims advice helpline, or leave your contact details in the call back form below.
Typical Farm Accidents
The driving of heavy farm equipment leads to many accidents and there have been quite a few fatalities in recent years due to farm workers getting trapped between tractors and gates or being asphyxiated when running equipment in unventilated premises.
It is not only physical injury that can be compensated but also medical conditions caused by the farming environment. Typical farm related medical conditions include loss of hearing, tuberculosis and Weils disease. It may surprise the public, given the hearty image of farming as a way of life, but depression and stress are not unheard of and are brought about by the intense nature of the work and the long hours.
If you have sustained an injury or are affected by a medical condition that you believe to be related to working on a farm you may have a case for farm accident compensation. In fact, even if you suffered injury while visiting a farm you would still be entitled to compensation, provided that the reason for the accident was attributable to the farm owner´s breach in his or her duty of care..
Compensation Factors
No-one expects to go to work in the morning and end up in the emergency department of the local hospital by the afternoon. Workplace accidents are profoundly shocking for workers and their families. The farm worker may have been using the same equipment or doing the same chores for many years with no problems until the day that an accident causes him to lose a hand, break a leg, or fall from a height and suffer head injuries.
For the victim there may be an extended recovery period and, in some cases, he may not be able to return to his previous, physically demanding job on the farm. There is often an ongoing financial impact on the injured party and his family. This is what farm accident compensation is there to prevent.
Although the circumstances of every accident are different, there is a general monetary figure assigned to injuries depending on their severity or location on the body. The long term effects of the injury are also taken into account. There would be a lesser sum awarded if there was a good prognosis for a full recovery than if the injury was likely to cause constant pain for the rest of the victim’s life.
The settlement should also take into account any out-of-pocket expenses, loss of earnings and future loss of earnings. If the injury has seriously impacted the victim’s enjoyment of life then this too is considered.
A fair settlement must take all these factors into consideration.
Contributory Negligence
Every individual has a duty to take due care of his own health and safety. If you were driving a farm vehicle recklessly at the time of the accident, were operating equipment when tired or using tools for which you had not had the proper training, you may be considered to be partly to blame for the accident. Your portion of blame is called contributory negligence and is expressed as a percentage.
If your contributory negligence amounts to 30% then you will receive 70% of the full settlement.
Though the Injuries Board handle all farm accident compensation cases, you are entitled (and strongly advised) to engage your own solicitor to support your case. By engaging your own solicitor you can be assured that your application for assessment to the Injuries Board will be completed comprehensively, that if there is any dispute over liability you will be professionally represented, and – if you are approached with an unsolicited offer of compensation by the negligent party´s insurance company – you solicitor will negotiated the best possible settlement of farm accident compensation.