How Farmworkers Get Compensation for Farming Accidents

Agricultural workers face many hazards on the job, including farming accidents, and may receive compensation from employer or product liability claims.

When you're involved in an agricultural accident on the job, what options are available to cover medical expenses, lost wages, pain and suffering, etc.? Unfortunately, many agricultural enterprises in Kansas are exempt from requirements to provide workers' compensation coverage to agricultural workers. The lack of protection means that when a farming accident occurs, most injured farmworkers must pursue a personal injury or premises liability lawsuit against their employer, or product liability claims against an equipment manufacturer.

Risks of Working on the Farm

Farms are dangerous places, and farming accidents are common. In 2017, there were two million full-time agricultural employees, with a further 1.4 to 2.1 million employed as seasonal workers. It is estimated that 100 workers per day suffer an injury requiring time away from work. Nearly half of these injuries are strains or sprains.

Farmworkers face deadly dangers every day. They are susceptible to accidents involving corn pickers, power augers, tractors, front-end loaders, hay bailers, and many other pieces of equipment. They can suffer toxic exposures from pesticides and cleaning chemicals, or suffer burns in a grain bin explosion.

The risks are real, and in 2016, 417 farmers and farm workers suffered fatal work-related injuries. Nationwide, in 2021, the industry recorded a fatality rate of 19.5 deaths for every 100,000 workers, which makes it one of the deadliest professions in the country.

Assessing Liability and Pursuing Claims

Agricultural workers have several options to recover compensation following farming accidents. The first is the liability of the employer. Agricultural employers are responsible for maintaining a safe work environment. This includes maintaining equipment, maintaining facilities, ensuring workers have proper training, and adequately supervising workers.

Employers who fail to maintain facilities can be liable under the doctrine of premises liability. An employer who hires an employee without the required skills, or retains an employee whose behavior endangers other workers can be held liable for negligent hiring practices.

Finally, equipment manufacturers can be held liable if the farm accident is caused by a defect in design or a defect in construction. When this happens, injured workers may be able to pursue product liability claims against the manufacturer or distributor of the equipment.

Workers' Compensation Claims in the Midwest

Not all agricultural enterprises in the Midwest are exempt from the requirement to provide workers' compensation coverage. In instances where coverage is available, individuals should adhere to all applicable requirements for reporting, documenting, and filing a claim. Failing to adhere to statutory requirements can result in denial of the claim.

Our Wichita-based personal injury lawyers are experienced farm accident attorneys who have offices across Wichita and in Garden City. Our team will instantly go to work to prove accident injury victims are not at fault. You can use our contact page or get a free call at our Wichita offices at 316-684-4400 and our Garden City office at 620-843-2855.