A Guide to Claiming Tractor Accident Injury Compensation
Updated: Sep 2, 2019
This article sets out everything you must know about making a successful tractor accident compensation claim.
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?
You should be able to make a tractor accident injury claim if the injury happened:
- in the last three years and;
- someone else was to blame.
It may be that, for example, the accident happened more than 3 years ago, or that you were partly at fault. If so, you may still be able to make a claim.
To get impartial advice on whether you have a claim, speak to a tractor accident injury claim expert on 0800 612 7456.
A short call will confirm whether you have a claim. We will not put you under pressure to make a compensation claim.
Alternatively you can try our Online Claim Checker.
What if the injury was diagnosed years after the event?
Typically, the dates of the injury and accident are the same. However, some injuries manifest themselves months or even years after the accident or exposure.
In this case, the clock starts ticking on the date of discovery (the date of diagnosis) of the injury rather than the date of the accident.
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.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your tractor accident injury case 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:
If you are thinking of making a work accident or injury claim, there are some key points to be aware of:
In a road accident
If you are thinking of making a road accident claim, there are some key points to be aware of:
In a public place (e.g. supermarket, pavement)
If you have been injured in a public place, there are some key points you need to be aware of:
Other claim types
Find details on another type of claim:
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.
How can Quittance help?
Our highly experienced panel of solicitors have an excellent track record of winning work accident claims. Your solicitor will fight for the best possible compensation settlement for you.
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
No Win, No Fee
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 will my claim take?
The length of time needed to secure compensation can vary considerably.
For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.
Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.
Taken from average case times, this table sets out approximately how long personal injury claims take to settle:
Personal injury claim type
Estimated claim duration*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by Quittance’s 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 interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
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
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert