Brentwood Farm Accident Lawyer | Free Consultation
Brentwood Farm Accident Lawyer
The farming industry is one of the most dangerous in the United States. It can harm oneself in various ways when working with big machinery, chemicals, and animals, which happens all too often. A farming accident frequently causes catastrophic injuries with resulting medical expenses and the inability to work. Many of these accidents are preventable and tragic in their impact on workers and families.
Heavy farm machinery accidents can result in severe bodily trauma, including amputations, head and brain injuries, damage to the back or spine, and disfigurement. Any of these injuries may prevent an individual from returning to work, resulting in a permanently reduced quality of life and an ongoing need for medical attention.
Contact a Brentwood Farm Accident LawyerYou can file a compensation claim for your damages if someone else is responsible for your farm industry accident. As part of our injury case evaluation, our Brentwood farm accident attorneys identify all parties who may be liable to hold them responsible and fully assess the impact that injuries will have on our client. Call us today at (925) 428-5220 or (800) 404-5400 for help. Our consultation is free and carries no obligation.
Farm Fatality StatisticsThe Centers for Disease Control and Prevention estimates that 410 farmers and their workers died in 2019 from work-related injuries, representing 19.4 deaths for every 100,000 workers. Farmers and workers died primarily from transportation incidents, including tractor overturns.
California Agricultural Injury AccidentsThe agriculture industry currently employs millions of workers. It can be rewarding for you and your family to support yourselves. Still, agricultural work can also be dangerous if farm equipment operators, owners, and manufacturers ignore safety precautions. When an accident injury occurs, a Brentwood farm accident lawyer can help. Handling toxic chemicals and operating heavy farm machinery present a severe risk of injuries or fatalities, such as:
- Tractor rollovers: Tractors are a big part of farming. However, they do have a tendency to roll over, especially when turning. If the tractor is not equipped with a rollover protection structure (ROPS), it dramatically increases the risk of injury to the operator. When defects occur, such as a lack of proper warnings or in the design, a product liability claim may be held against the manufacturer.
- Grain bins: Grain bins are so dangerous that youngsters under 17 are prohibited by the Labor Department from working in them. Being engulfed by grain and trapped is a dangerous consequence of working in a bin or silo and often causes the worker’s death by suffocation. Lack of training, defective equipment, or negligence can be the cause.
- Grain augers: Grain augers spin at high speed, and when they are defective or the safety features are not correctly used, they can cause catastrophic injuries such as amputation, electrocution, broken bones, or wrongful death. Your farm accident attorney from Brentwood can investigate the accident to determine the cause and hold the at-fault party responsible.
- Chemical exposure: Hazardous chemicals are commonly used on farms, such as herbicides, fertilizers, solvents, fuels, and for veterinary purposes. Overexposure or unsafe safety standards can result in serious injuries or an increased risk of cancer, such as seen in Roundup.
- Livestock accidents: An accident involving a cow or horse can cause broken bones, brain trauma, organ damage, or death to farm workers. If proper precautions weren’t put in place to protect workers or animals that got out and caused a traffic accident, a claim might be placed to recover damages by utilizing the skills of a Brentwood farm accident lawyer.
- Skid loaders combines, and other equipment: Any and all equipment used on a farm is dangerous. Defects, lack of proper warnings, and poor training can lead to a severe accident or fatality.
Some of the causes of a farm accident that are a result of negligence that an agricultural accident attorney in Brentwood might be able to help you obtain compensation include:
- The farming equipment that caused the injury lacked adequate warnings on its usage.
- The employer did not provide his workers with adequate training on the operation of the equipment.
- Safety devices were removed by the owner, an employee, or another operator.
- The equipment was dangerous or defective.
- A piece of equipment that was defective or broken continued to be used.
Here are some tips on how to choose a personal injury lawyer from attorney Ed Smith:
How Much Compensation Am I Entitled to After a Farming Accident?Depending on the circumstances, a farming accident may result in workers’ compensation, the property owner’s insurance company, or a civil court action if no agreement can be reached. Insurance companies frequently offer A low-ball settlement to entice the injured party to sign off on their accident and avoid further liability. Insurers use many tricks to reduce payouts; a farm accident lawyer knows them all. Here is what can be recovered after filing a claim:
- Medical expenses: The medical expenses that can be reimbursed include transport to/from the hospital, your hospitalization, tests such as X-rays and CT scans, medications, physician fees, physical rehabilitation, and others. In other words, any medical costs that arose due to your accident injury are covered.
- Lost Wages: If you cannot work, your lost wages can be recouped, including commissions, bonuses, tips, and other income. If you took an unpaid vacation or sick leave, that can be recovered also.
- Pain and suffering: Following a traumatic farming accident, you will likely suffer from emotional and psychological harm and physical pain. There is also the possibility of recovering financial compensation to recoup damages you’ve gone through, along with any post-traumatic stress disorder treatment necessary.
For your injury lawyer to win your case, they must establish the following four factors:
- Ownership or control of the property was in the defendant’s hands. Property safety is the responsibility of the owner, landlord, or lessee.
- Negligence was shown by the defendant. Negligence is behavior that an ordinary person would believe to be negligent under other similar or similar circumstances.
- Your injury accident was caused by the defendant’s negligence. Causation in a personal injury case is established by linking the defendant’s negligence to the incident. In other words, the accident would not have occurred if the defendant had not been negligent.
- When working on the property of the defendant, you sustained an injury. You must provide evidence to prove your physical injuries and the loss of wages caused by the farm accident. Your injury lawyer will assist you with that.
For free and friendly advice after an agricultural accident, call us at (925) 428-5220 or (800) 404-540. A face-to-face meeting or virtual consultation can be arranged at no cost. If you have questions, we will answer them and review your case so that you know all the recovery options. You are invited to review our Settlements and Verdicts to learn how we have assisted others.
Editor’s Note: updated [cha 9.25.23] Photo attribution: by David Mark from Pixabay cd [1191] bw