Farm Injury Compensation Claims

If your life, or the life of a loved one, has been affected by an agricultural injury, we can help.

If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a work accident compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses. By law, your employer will have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.

We can help you make a work accident claim on a No Win No Fee basis.

In this article

Introduction

HSE statistics show that farming and agricultural workers are more likely to sustain a workplace injury than in most other occupations.

Over the 40 years since the Health & Safety at Work Act 1974, fatal injury numbers in agriculture have not fallen to the same extent as in construction and manufacturing. Although 1% of the working population (employees and self-employed) work in the industry, agriculture has a higher fatality rate than any other industry sector (7.73 per 100,000 workers).

Why is this?

Potentially dangerous machinery, vehicles, chemicals, livestock, and working at height or near pits and silos put employees at increased risk of serious accident or illness.

The work can be physically demanding and its repetitive nature may cause a range of health problems, including severe back pain.

Inhaling dust, handling loads, being exposed to noise or vibration, and working in all weathers may cause ill health. Symptoms may take years to develop and lead to permanent disability, and in some cases premature death.

What are the main risks?

Figures released by the HSE show the most common injuries (some of which may be fatal) occur from:

  • Accidents involving farm vehicles - tractors, quad bikes, combine harvesters.
  • Injuries caused by falling objects - bales, trees.
  • Falls from height on a farm - from trees and ladders; through roofs
  • Asphyxiation or drowning from accidents involving grain silos, slurry stores or pits.
  • Accidents involving farm machinery - exposed transmission belts and blades
  • Dangerous livestock - crushing, kicking, biting, and trampling
  • Being trapped by something collapsing or overturning;
  • Having contact with electricity, particularly overhead power lines.

Surveys suggest that of those injuries to workers in agriculture which should be reported by law, only 16% are actually reported (compared with just under 50% across other industries). It means there may be as many as 10,000 unreported injuries in the industry each year.

Additionally many of those in the industry do not consult their doctor unless seriously ill and so levels of ill health are unclear. However it is known that in agriculture:

  • About 12,000 people suffer from an illness caused or made worse by their current or most recent job.
  • Musculoskeletal injury (back pain, sprains or strains) is over three times the rate for all industries.
  • The number of people affected by asthma is twice the national average.
  • Around 20,000 people are affected by zoonoses (diseases passed from animals to humans) annually.

How can farm injuries be prevented?

Employers have a duty to make the workplace safe. This includes identifying risks and providing instructions, procedures, training and supervision to encourage people to work safely and responsibly.

Some hazards will always remain and therefore workers should be provided with personal protective equipment (PPE) to protect the user against health or safety risks at work.

It includes items such as safety helmets, gloves, eye protection, high-visibility clothing, safety footwear and safety harnesses. It also includes respiratory protective equipment (RPE).

Equipment must be appropriate for the work involved and well maintained. Employees should be trained in their correct use.

Personal Protective Equipment at Work (Amendment) Regulations 2022

The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.

This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.

Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.

If you are injured at work and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.

Do I have an injury claim?

It should be possible to make an injury claim if you were injured:

  • in the last 3 years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a severe arm injury can be £75,000

For a less serious leg injury, in isolation, you would typically receive £7,500.

However, if you have a severe arm injury and a less serious leg injury, you would typically receive £75,000 + a reduced percentage of £7,500.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Can I claim for an existing farm injury that has got worse?

Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

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How long does a farming injury claim take?

How long it can take to process a farming injury claim can vary considerably.

For instance, if your employer does not contest the claim, it might be concluded in a couple of months. However, if liability is denied a compensation claim can take substantially longer. Normally a work accident claim will take 6 to 9 months. For more information on how long your claim could take, read more:

How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee - the facts

With a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without having to pay upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.

No win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making an injury claim - even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher