A significant portion of Kentucky’s economy is in agriculture, and the industry is also one of the larger sources of employment for the state. According to a report from the U.S. Bureau of Labor Statistics. 29 percent of occupational fatalities in the state come from agriculture accidents, yet the industry only makes up around 2 percent of all employees. This is because farming is dangerous.
Types of Farm Worker Accidents in Kentucky
No farm can operate without a tractor, it is the backbone of all equipment. It’s also the number one source of injuries and fatalities for farmworkers. Most tractor accidents happen because of a few common mistakes made by the worker:
- Uneven terrain
- Improper braking
- Improper use of counterweights
- Wheels set too closely together
- Backing down a hill
- Load too high/top-heavy
Other types of farm equipment injuries make up a significant portion of all farmworker’s injuries. They are:
- Planters: Injuries happen when the worker is thrown from the machine and gets caught in the moving parts.
- Harvesters: In addition to falls, these accidents happen when the worker tries to fix a problem such as unclogging the machine while it’s moving.
- Combines: These are machines that can harvest crops, such as wheat corn and other grains. Death and injury with these machines are most often caused by a farmer getting sucked into the moving parts.
Cars Passing Farm Vehicles
Tractors and other farm vehicles need to be on the road to access farmland, and most of these go no more than 25 mph causing drivers to pass them. Accidents happen when motorists attempt to pass but don’t make it before another car comes. Other times, the motorist is distracted and rear-ends that farm equipment.
Farm Equipment Liability
Liability for farm equipment accidents rests with the person or company that was negligent. This might be the passing car driver, of the manufacturer of the farm equipment. To prove negligence, the victim must show that the other party failed to operate the machine or vehicle in a safe and cautious manner. The jury will look at the conduct of the parties and determine if they did what a reasonable person would do under the same circumstances.
When a farmworker is injured on the job, he or she can claim compensation from worker’s compensation. However, there are times when the victim can sue a third party like the driver of a car from the maker of the tractor.
Once liability is determined, then the injured victim is entitled to certain damages allowed under the law. In California, the law allows for all losses stemming from the negligence of the party. The most common damages are:
- Medical Bills (Past and Future)
- Rehabilitation (Past and Future)
- Damage to Bicycle or Replacement
- Travel Costs
- Missed Time from Work
- Future Loss of Income
- Permanent Disability
- Permanent Disfigurement
- Loss of Quality of Life
- Loss of Consortium
- Pain and Suffering
- Mental Anguish/PTSD
Contact a Personal Injury Attorney Today
Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Louisville Personal Injury Attorney you can trust to be on your side and get you what is yours under the law.The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.