Hurt in a farm accident in California? Contact our farm accident attorneys now to set up a free consultation today.
Accidents involving tractors and other types of moving farm machinery are the leading cause of farm accidents. One-fifth of all farm accidents involve such machinery. Other farm vehicles such as trucks and ATVs account for another one-fifth of farm accidents. According to the Centers for Disease Control, exposure to toxic pesticides and other chemicals are a common cause of farm injuries and fatalities. Exposure can result in poisoning, respiratory problems, and severe skin damage.
Farm structures such as grain storage bins and silos pose a number of risks. Gases may build up, causing explosions or asphyxiating workers. Workers may become trapped when a structure fails.
In California, about one-fifth of all farm accidents occur in fruit and nut orchards. These generally involve falling accidents as well as exposure to pesticides and chemicals.
Improperly penned farm animals can also cause accidents.
When an employer or a co-employee causes an accident, the claim is generally handled by workers’ compensation. Third-parties who may be liable include:
- Manufacturers of tractors and other farm equipment
- Construction firms that build grain bins, silos and other farm structures
- Sub-contractors that provide services such as trucking and pesticide management
- Property owners
- Animal owners
If you have been injured as a result of farm accident, there are a number of things you can do to protect yourself and your legal rights:
- Get medical attention for your injuries.
- Report the injury to your employer as soon as possible.
- Get the names and contact information of anyone who may have witnessed the accident.
- If possible, try to preserve any evidence related to your injury by taking photographs of the area where you were injured, taking photographs of the injuries themselves) or keeping the equipment or tool that was involved in your injury.
- Consult an attorney as soon as possible to help you evaluate any potential claims and discuss your state’s workers’ compensation laws.
Nearly half of all farm accidents are caused by tractors, other farm machinery and vehicles such as trucks and ATVs. Often, these farm vehicles are operated by sub-contractors or other companies, who have insurance companies that will fight settlements. The manufacturers of farm vehicles and machinery have even larger insurance companies as well as legal resources at their disposal. When a third-party has caused a farm accident, Demas Law Group, P.C., has the experience and the resources to help you fight back, no matter who the defendant is.
If you were hurt on the job and the injury was caused by your employer or a coworker, workers’ compensation should cover the claim. If you have a problem with the benefit you receive, you need an attorney who specializes in workers’ compensation law. Demas Law Group, P.C., does not specialize in workers’ compensation, but we can refer to you an attorney who does.If your accident was caused by a third party, then you need a personal injury attorney from Demas Law Group, P.C., that specializes in farm accidents. It’s important to consult with an attorney as soon as possible after a farm accident. Call us today to schedule your free consultation.
If a third party is legally at fault for your accident, then you may pursue a legal case against them. If they are found negligent, they will have to provide fair compensation for your injuries, which is almost always more than workers’ compensation. However, in some cases that settle, workers’ compensation requires that some of the original benefit be paid back to workers’ compensation.
If your accident was caused by your employer or a coworker, then you are limited to the benefits awarded by workers’ compensation. If your accident was caused by a third party’s negligence, you are entitled to be fully compensated for your injuries. In legal language, you are entitled to “be made whole,” meaning to be put back in the same position after the settlement as you were in immediately before the accident. Part of the process of making you “whole” is easily calculated and agreed upon by both parties, while other aspects are more difficult. Compensation for your injuries depends on several factors, including physical and emotional pain and suffering, economic hardship or financial loss, decreased earning potential and physical impairment. Depending on the type and extent of your personal injuries, you may be eligible for compensatory damages, which may include the following:
- Property damage
- Medical bills
- Lost wages, including overtime
- Out of pocket expenses (transportation charges, etc.)
- Pain and suffering
- Physical disability
- Permanent scars
- Emotional trauma
- Mental anguish
- Loss of enjoyment
- Loss of love and affection
- Mental disability
There is usually little argument over the compensation for time missed from work and lost wages, doctor and hospital bills, rehabilitation costs, transportation to and from the doctor and therapists. The controversy arises when you attempt to put a dollar value on the more intangible injuries you have suffered, such as loss of consortium (the loss of love or affection), loss of sexual capacity or desire, emotional distress, pain and suffering, loss of future earnings and loss of future enjoyment of life.
Estimating and demanding an acceptable amount for your pain and suffering requires experience with many similar cases, as pain and suffering awards are necessarily subjective. The personal injury attorneys at Demas Law Group, P.C., have the knowledge and experience to ensure you will be fairly compensated for your injuries, including your pain and suffering.
Our attorneys are hired on a contingency fee. You will not pay any legal costs until there is a settlement or a winning verdict at trial. Your attorney will receive a percentage fee of the total case recovery, in addition to case costs. If there is no settlement or winning verdict, you won’t be charged any legal costs.
Your nationality, work status and state of residence do not prohibit you from obtaining benefits if you’ve been injured in a farm accident. Demas Law Group, P.C., stands ready to help you receive fair compensation. Please contact us for a free consultation with an experienced farm accident attorney.
Employers who fire or retaliate against an employee who files a workers’ compensation claim or a lawsuit are breaking the law. Your right to pursue compensation after being injured on the job is unquestionable.
This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty or prediction regarding the outcome of your potential legal matter.