Farms are a very unique environment where there are a great deal of potential risks and hazards. You are working with machinery, equipment, tools and chemicals where the risks of misuse can be potentially very harmful or even fatal.
A recent report by Agrifutures Australia found that Queensland has one of the highest rates of on-farm deaths, with nearly 30 of the 58 deaths across the country taking place in Queensland.
While the dangers of quad bikes are becoming more well-known, there are still plenty of risks which exist on Queensland farms and which need to be considered and planned for to ensure accidents do not happen.
Whether you are working as a picker on a Queensland farm, or are an owner-operator of a farm, this article explains how compensation for a farm accident works, what type of cover there is to protect you, and how you can go about seeking personal injury compensation.
The team at Murphy’s Law can help with compensation for farm injuries and workplace accident compensation claims, so get in touch to find out more about our no win no fee basis for legal services and get started with your personal injury claim.
Farms are places where there are a lot of machinery, tools and vehicles which, if used incorrectly or in a dangerous way, can result in a farming machinery accident. Some of the common farm accidents at work include:
Now that we have considered some of the ways in which farm accidents happen, we can look at some of the most common types of injuries.
There are many ways in which injuries can occur, and it is important to ensure you are always working in a safe manner. If you are injured on a farm there are ways to seek compensation.
Have you been injured while working on a farm picking fruit or vegetables, or working on a farm doing labour tasks to extend your working holiday visa?
You may also be able to claim for compensation from your employer directly if your injury was caused by your employer failing to provide a safe system of work.
Example: Grace is inexperienced in mustering and tells the farm manager that she has not ridden a motorbike before. She is told to get onto a quad bike and start rounding up sheep. She is given a helmet, but it is not suitable for the task of riding the motorised quad bike. Grace rolls the quad bike due to her inexperience and crushes her right arm. She suffers permanent injury and damage, and her future career as an architect is no longer possible. Grace would likely be able to claim against her employer for negligence.
After an afternoon of drinking with some of the other workers on the farm, Devon hops into a cattle crush while intoxicated and tries to jump onto a cow. The cow kicks him in the chest and Devon suffers a cracked rib. Devon would likely not be able to claim compensation for his injuries, although he may be able to claim WorkCover benefits while he is off work.
You are covered for your injuries, and as long as you are within time limits for claiming (inside six months of your accident for WorkCover, and three years for a personal injury claim due to negligence) then we can help even if you are no longer in Queensland - or even in Australia.
When making a claim for compensation you do not claim from your employer; you claim through their worker’s compensation insurance which is run through WorkCover and possibly via the farm's third party liability insurer.
Farm injury claims are calculated by taking into consideration a range of factors, including the extent of your injuries, how your injury occurred, and the lasting impact that your injury may have on your life.
A compensation claim will take into account:
While this is a look at what can be considered in a compensation claim, a chat to our specialist personal injury solicitors will help you to understand what you may be able to claim. Our free initial advice session will answer a lot of questions and let you know whether it is worth pursuing a personal injury claim.
When injured in a farm accident you want to move on as quickly as possible. We give you a comprehensive estimate of how long your claim might take in our free initial advice session, with most claims taking between one to two years depending on the complexity of your injuries and the case.
There are strict time limits associated with claiming for personal injuries sustained on farms.
It is important that you get legal advice ASAP when you are injured on a farm so that you can ensure the best possible outcome. It can be harder to gather reliable evidence as time passes from the incident.
Our compensation lawyers are experts in farm injury claims and can provide free and confidential initial advice on your specific situation so you understand your legal rights and options.