A Guide to Claiming Tractor Accident Injury Compensation
If your life, or the life of a loved one, has been affected by a tractor accident we can help.
The purpose of this guide is to help anyone who has suffered a tractor accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
The Health and Safety Executive (HSE) describes the agriculture as one of most dangerous industries.
HSE records show that almost one person a week was killed whilst working in agricultural during the last ten years. The biggest causes of fatal and serious accidents in agriculture are moving and overturning vehicles. Tractor drivers are particularly at risk as tractors tend to be driven on steep and slippery inclines.
Agricultural workers who drive tractors must receive appropriate training on the safe use of their vehicle. The tractor itself must be in good working order, regularly checked and appropriately maintained.
If injury is sustained by an agricultural worker in a tractor accident, where the above precautions have not been taken, a personal injury compensation claim may be made.
Do I have a tractor accident injury claim?
It should be possible to make a tractor accident injury claim if you were injured:
- in the last three 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 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
The amount of money you could claim for your tractor accident injury will depend on:
- the extent 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 tractor accident injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a tractor accident injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple tractor accident 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.
General damages for a serious leg injury can be £40,000
For a more minor arm injury, in isolation, you would typically receive £4,000.
However, if you have a serious leg injury and a more minor arm injury, you would typically receive £40,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.
What is the average injury compensation for a tractor accident 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 a tractor accident injury will depend entirely on your specific circumstances.
Your tractor accident injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Tractor accident injury compensation calculator
Calculating how much compensation you can claim for a tractor accident 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 tractor accident injury claim could be worth now:
How long does a tractor injury claim take?
The length of time needed to win compensation for a tractor accident can vary significantly.
For instance, if liability is accepted by your employer, a claim could be settled in a few weeks. However, if liability is denied the process might take considerably longer. On average a work or road accident claim takes between 6 and 9 months. For more information on how long your claim could take, read:How long will my claim take?
Will I still be able to claim for a tractor accident injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your tractor accident injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to 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.
Tractor accidents on a farm
Tractor accidents on farms can cause serious injuries.
The legal Regulations covering the safety of farm workers using tractors are:
- Workplace (Health Safety and Welfare) Regulations 1992 - these Regulations place a duty of care on farm employers to ensure the safety of their workers. The Regulations include a stipulation that vehicles should be able to move around the working environment safely.
- Provision and Use of Work Equipment Regulations 1998 - these Regulations outline best practice on the provision of training in the use of work related equipment (including vehicles, such as tractors). The Regulations also stipulate that work related equipment must be properly maintained, and in good working order.
The HSE provides further advice to ensure tractors are safe to drive:
- Vehicles should be safety checked daily - particularly the braking systems
- Faults should be repaired immediately
- Seat-belts should be fitted in the vehicle cab - and tractor drivers should be using them
- Roll-over protective structures (ROPS) should be fitted to the vehicle if there is a risk of overturning
- Loads attached to the vehicle should be safety checked and appropriately counter-balanced (to reduce roll-over risk)
Tractor accidents can cause injury to the tractor driver and adjacent workers. Both tractor drivers and adjacent workers who are injured in tractor accidents may be able to make compensation claims.
If a farm employer is proven to have been negligent in their duty of care, the employer may be held liable to pay personal injury compensation.
Tractor accidents on the road
Tractors on public roads can be involved in collision accidents with cars and other vehicles. Because tractors are large and heavy vehicles, tractor accidents can result in severe personal injury.
Where injury has been sustained, a claim for personal injury compensation can be made by all parties involved in the accident.
Responsibility for the accident may be proven to lie with one party entirely, or be split between the parties.
In tractor accidents on public roads, claimants would make their claim against the insurer of the liable party (the defendant).
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
'No win, no fee' means that if you do not win your tractor accident injury claim, you won't have to pay your solicitor any money. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal contract entered into between you and your solicitor.
No win, no fee guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making a tractor accident injury claim - even if you don't win your claim.
What do I pay if I win my tractor accident 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%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my tractor accident injury claim?
If your tractor accident injury claim is not successful then you do not have to pay any legal fees whatsoever.
What is Legal Aid available for?
In 2000, the government abolished the right to legal aid in personal injury law cases. Depending on an individual's circumstances, Legal Aid may be available for discrimination cases, criminal cases, family mediation and court or tribunal representation.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
if you can claim
to start a claim
Tractor accident 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.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
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.
How long do I have to make a tractor accident injury claim?
In general, you have a time limit of up to 3 years from the date of the tractor accident injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your tractor accident injury claim becomes 'statute barred'.
Can I claim for a tractor accident 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 612 7456 to find out if you are still able to claim tractor accident injury compensation.
In reality, there are a number of factors that can affect whether a tractor accident injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert