According to statistics released each year by the Health and Safety Authority, a large proportion of serious workplace injuries and fatalities happen in agriculture – with one of the biggest contributing factors to these statistics being a farm machinery accident. Despite recent health and safety improvements to farm machinery, accidents can still occur when employees have not been comprehensively trained on how to use them correctly or are not provided with the protective equipment to protect them from injury.
Employers have a legal obligation under the Health, Safety and Welfare at Work Act to provide a safe environment for their employees to work in and considering the power and size of farm machinery it is especially crucial that no element of health and safety is overlooked when considering their use. Indeed, part of an employer’s responsibility is to perform a risk assessment on all aspects of an employee’s duty, and should he fail to do this, and the employee suffer an injury as the result of a farm machinery accident, then the employee is entitled to seek compensation.
Claiming Compensation for a Farm Machinery Accident
For a claim for farm machinery accident compensation to be successful, your injury must have been sustained from the negligence of somebody who had a “duty of care” towards you. On a farm, this would be the farmer, the proprietor or your employer, dependant on your employment status. Where this person has failed in their duty to provide a safe environment, safe system of work or proper training, then a claim for farm machinery accident compensation is made against them. However, at a time when you may still be recovering from a major physical trauma, it is recommended to use the services of a solicitor when considering a claim for farm machinery accident compensation.
As well as being able to guide you smoothly through the processes involved in making a claim for farm machinery accident compensation, a solicitor will be a crucial ally should you be approached by your employer´s insurance company with an offer of early settlement. Because of the potential high value of farm machinery accident compensation, this “third party capture” is an instrument used by insurance companies to save them money. Even though a cash injection may be welcome at a time when you are unable to work because of your injuries, a solicitor will be able to negotiate a fair settlement and one which is adequate for your needs.
In order to offer you further advice for claiming compensation for a farm machinery accident, we have set up a legal claims advice helpline which you are invited to call and speak with an experienced solicitor. We will be able to offer you advice on a more personal level with information relating to your individual circumstances and an independent assessment of your entitlement to claim farm machinery accident compensation. Our lines are open twenty-four hours a day and seven days a week. All calls are treated with the strictest confidence and there is no obligation on you to proceed with a claim once you have spoken with us.
What You Can Expect When You Call
When you call our legal claims advice helpline, you will be speaking directly with a specialist personal injury claims solicitor with many years experience of dealing with workplace injuries from farm machinery accidents. We will understand the physical and psychological trauma you have recently been through and will be courteous and respectful of your injuries throughout our conversation.
Our first aim is to establish that you are indeed entitled to claim for farm machinery accident compensation and therefore we will ask you to tell us how your accident occurred, what injuries you sustained and how they were treated. We would also like to know if you are still receiving medical treatment and what your prospects are for returning to work.
An important consideration when assessing a claim for farm machinery accident compensation is to know how you believe your employer was responsible for your injuries and what you feel could have been done to prevent them. It may be that you were partly responsible for the accident, and if this is the case, it is best to let us know now in order that we can factor this into our assessment.
Should we feel that you have a case for a claim for a farm machinery accident which is worth your while to pursue, we will advise you how long your claim may take to process and the likelihood of your success. Wherever possible, we also aim to give you a general idea of the level of compensation we would expect you to receive.
We usually conclude our initial telephone conversations by offering you a list of options for you to consider. You are not under any obligation to act on our suggestions and we feel that it is better for you to take a couple of days to come to a decision about what you would like to do.
We would like to advise you that the clock is ticking for the time allowed in which to make a claim, and rather than risk being time-barred, it is in your best interests to call our legal claims advice helpline at your earliest convenience. We also operate a call-back service, so if you would rather that we called you, please complete your details in the form below and one of our friendly and dedicated team will be in touch.