Agricultural Accidents Claims

Anyone who works in farming or in agriculture more generally will be all too familiar with the risks involved. Not only is there the risk involved in working with living animals, but the tools and machinery employed also poses a potential hazard. At Lawford Kidd Personal Injury Lawyers, we have developed particular expertise in handling claims for compensation, arising from agricultural or farming accidents in Scotland. We make sure you receive 100% of the compensation. If you have been injured in a farming accident, call us now on 01312255214

Farm Accident Compensation Lawyers Edinburgh, Scotland

Farming by its very nature is hard work. Furthermore, it involves a particularly high risk of injury to people working in that field. Farm operators owe a special responsibility to their farming staff to ensure that they are adequately protected from harm when carrying out their day-to-day activities.

What responsibilities do farm operators owe to their staff?

If you are employed on a farm your employer is under an obligation in Scots law, by engaging you as an employee, to take reasonable care for your safety. This is known as an 'implied term' in their contract with you. This requires your employer to do a number of things:

Ensure good working practices are in place

Farm operators must take into account the nature of the work that their staff will be involved with. Farms and agricultural land while beautiful can be dangerous and are often located some distance away from any hospitals. Farm operators are obliged take this into consideration and must ensure that you are properly trained in, among other things:

  • Handling of animals;
  • Operating of equipment e.g. combine harvesters, crop sprayers etc

In order to meet these requirements, you should regularly be consulted in checking the safety of the working environment via Health and Safety inspections. You should also be told how to go about identifying and avoiding potential dangers while working i.e. identifying and isolating dangerous equipment; highlighting concerns regarding livestock behaviour etc.

It is also very important, given that farm and agricultural spaces are often the site of construction, that the necessary care is taken. If you are asked to participate in any construction, you should be advised on the precautions being taken to minimise injury. This is particularly important when working on farm building roofs which, by their nature, are designed to keep the weather out but not to bear human weight.

Provide a safe environment to work in for their employees

Agricultural work will often involve those working on a farm coming into close contact with potentially dangerous chemicals: feed that is to be administered to livestock; fertilizers used to enrich the soil for crops; or asbestos that may be disturbed and inhaled by people that may inadvertently disturb it.
While farm operators are not required to remove the danger completely, they are expected to take steps to reduce the risk of injury to their employees. This include providing you with the requisite equipment e.g. overalls, protective gloves, mouth guards etc to do their job safely. Furthermore they are also required to actively train you on how to use this equipment effectively.

Employ competent workers

Farm and agricultural land operators should appreciate more than anyone, the highly specialised nature of their work. As a result they should also employ people who can perform their duties without putting others at risk. You should be relatively comfortable working with other members of the team, and not fearful that someone working alongside you takes unnecessary risks that put both themselves and you in danger.

If you have been injured in any way while working on a farm or agricultural land, you will be entitled to raise a claim against your employer for breach of the implied terms of your contract, and seek compensation from them.

What does an employer need to have done?

If your employer has not taken their responsibilities seriously, and you have suffered injury as a result, you could be entitled to payment of compensation. You should know that the law in Scotland does not ask that farmers and agricultural land owners to prevent their employees from ever coming to harm. It simply ask that they take reasonable care for your safety.

In deciding what is reasonable, a court will have consideration for the particular circumstances surrounding your claim. However the court will consider what is considered 'standard practice' in the farming industry:

  • It will consider what the common practices are for handling animals e.g. cows, pigs etc and whether or not the processes you have been directed to follow are in-keeping with this; and
  • Due attention will also be given to what would ordinarily be done in situations concerning faulty equipment, or equipment which is known to constitute a danger to humans. This will be weighed against the particulars of your situations.

What can I expect to receive in compensation?

The compensation that you could pursue is designed, so far as it can, to put you into the exact same position that you would have been in had you not suffered your accident. The level of compensation that you can expect from your claim will depend on precisely what your employer has failed to do, in not taking reasonable care for your safety. Find out how much your claim may be worth here.

In Scotland you will be able to claim:

Compensation for Pain and suffering

This will be to reflect the level of 'pain and suffering' that you have had to endure having been injured. This will be calculated in reference to the severity of your injuries and, not only the discomfort that you have suffered, but also that you will likely suffer in the future.

Compensation for Monetary loss

As with 'Pain and suffering', this will depend on your circumstances. If your injury has caused you to lose money i.e. you have not been able to work on the farm because of the injury, then a court will need to have evidence of this and the wages lost. It will also consider the monies that you will lose in the future if your injury prevents you from ever working. This calculation can also include the finances that may be needed if you require long term medical care.

It is very important to keep in mind that while you are entitled to make a claim for compensation, you are only given a fairly short opportunity to do so. The law imposes a very tight window, following your suffering an accident or injury, within which you can actually raise an action for compensation. In Scotland there is a time limit of three years following your accident, within which time you can make your claim for compensation. The courts are reluctant to extend the time limit, and in most circumstances will not allow any extension. Do not miss out on the opportunity to claim compensation that you are entitled to.

Claim Compensation for Agricultural & Farming Accidents

At Lawford Kidd Personal Injury Lawyers we understand that being involved in an accident is an incredibly traumatic experience. Our team appreciate the difficulties faced by people working in the farming and agricultural industries. However you must understand that the law is designed to protect you when your employer has not honoured the obligations that they owe to you. Operating throughout Scotland, Lawford Kidd Personal Injury Lawyers are ready to help you get what you are entitled to. We work on a no-win-no-fee basis and pay you 100% of the compensation. Contact us now on 01312255214 or fill in our enquiry form.

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