Tractor Accident Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a tractor accident, 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
The Health and Safety Executive (HSE) describes agriculture as one of most dangerous industries.
HSE records show that almost one agricultural worker a week was killed 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.
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.
Personal Protective Equipment at Work (Amendment) Regulations 2022
These regulations came into force on 6 April 2022. 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.
Health and Safety Executive (HSE)
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).
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.
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.
Can I claim if the tractor accident injury made an existing injury worse?
Yes, although demonstrating this can be more difficult than proving a straightforward tractor accident injury injury, so legal and medical advice should be sought as early as possible.
No win, no fee - the facts
'No win, no fee' means that if you do not win your 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 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%. You and your solicitor can agree the success fee 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.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. tractor accident injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
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:
- Find out
if you can claim
- No obligation
to start a claim
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 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.
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.
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.
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.
Gaynor Haliday, Legal researcher
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.