Agriculture is the primary industry in Fresno County. According to Western Farm Press, it is also the leading Agricultural-producing county in the United States. The value of all commodities produced in Fresno increased by nine percent to just over $7 billion in 2014. As you can see, farming and agriculture are a big part of the Fresno community.

Thousands of people are involved in farming in some way or another. But there is a hard truth in the farming industry – it is a high safety-risk business with the propensity to permanently injure someone. For example, over 240 farm workers in the United States suffer injuries daily, and five percent suffer catastrophic, debilitating injuries that prevent them from returning to farming. Farmworkers have a 20 percent higher risk of suffering an injury than other types of work-related injuries, according to the Occupational Health & Safety Administration.

If that was not bad enough, over 110 people under 20 lose their lives yearly in farm-related accidents. In 2009, there were over 16,000 children who suffered farm-related injuries. 

Below is a brief overview of some of the most common types of farming accidents that may form the basis for taking legal action against the owner of the farm:

• Falling from a commercial truck, combine, or another vehicle;
• Falling from a horse;
• Overturned tractor;
• Defective machine equipment;
• Being kicked by a horse, cow, or another animal; and/or
• Being exposed to toxic chemicals

Overturned tractors are one of the leading causes of death for farmworkers. Approximately 90 workers lose their lives each year when a tractor they were in suddenly overturns. It is unfortunate because safety measures are available that help prevent a tractor from overturning. For example, a Rollover Protective Structure is available. According to the University of Illinois, this cab or frame provides a much safer environment for a tractor operator if a rollover occurs. However, according to OSHA data, less than 60 percent of tractors were equipped with these devices.

The video below explains a few things to remember when working on the farm to stay safe.

If you or a loved one was seriously injured on a farm, one of the first things you need to do is determine whether you should pursue financial restitution through a workers’ compensation claim or a personal injury claim. There are essential differences between these tort laws, which will influence how you file a claim for financial compensation and what you can reasonably expect to receive by filing a claim.

Personal injury claims and workers’ compensation claims are available to assist injured victims in obtaining financial restitution for their harm and losses. But that is where the similarities end. There are critical differences in the types of evidence needed for a monetary recovery and a stark contrast to the amount of available compensation.

California personal injury laws cover an array of torts, including automobile accidents, boating accidents, premises liability, and so forth. Conversely, California workers’ compensation law is only available to an injured worker who suffered that injury while on the job.

To prevail in a personal injury claim, you must be able to show, by a preponderance of the evidence, that the negligence of the farm owner, a farm employee, or another third party proximately caused your harm and losses. In contrast, no proof of negligence is required when you file a workers’ compensation claim, and you only need to show that an injury occurred during your employment. For example, a farmworker who suffers a broken leg after falling from a horse and needs to take some time off work to recuperate can file a workers’ compensation claim, even if the employer was operating the farm safely and reasonably.

Workers’ compensation sounds like an “easier” system to receive financial restitution for your injuries. This is true. Here is the trade-off – you are hindered in the amount you can recover through a workers’ compensation claim. An injured worker is generally limited to three types of benefits:

1. Temporary disability payments to reimburse you for lost income while you are away from the job recovering
2. Payment of all related medical expenses
3. Permanent disability award if your injuries are so severe that you cannot reasonably expect to return to work again

You cannot seek reimbursement for noneconomic damages in a workers’ compensation claim. This means you will not receive compensation for the accident’s pain, mental anguish, discomfort, emotional distress, and anxiety.

If your accident attorney determines you have a viable personal injury claim, you can pursue damages for:

• Your medical expenses accrued after the accident;
• Lost wages and recovery of reasonable future earnings if you are disabled; and
• The aforementioned noneconomic damages include pain, suffering, emotional stress, and turmoil from the accident.

You may have viable workers’ compensation and personal injury claims. For example, there are instances where a worker is injured on the job. That injury was caused by the negligence of a person, object, or entity not affiliated with the worker’s employer. For example, if you were injured by defective industrial machinery not manufactured by the employer or a heavy equipment accident involving forklifts or similar vehicles was caused by someone not affiliated with your employer.

As you can see, a farm accident lawsuit can get complicated since many farms are both a workplace and a dwelling for the farm owner and others. Trying to navigate which laws apply to your situation can be confusing, and that is where we can help.

If you or someone you know has suffered an injury in a farm accident, please call our Fresno farm accident lawyers at (559) 377-7676 or (800) 404-5400 for free, friendly advice. We take cases on a contingency fee basis. You pay no fee upfront, and we get paid for the successful outcome of your case. There is no obligation to call and talk to us.

^{Editor’s Note: updated [cha 10.24.23] sb bw [cs 1037] Photo by: ab}

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