Farm accidents

pi2

 

Overview

Agriculture is seen as the most dangerous industry in the country, based on fatalities per worker. The most common types of accident on farms are caused by;

  • Dangerous animals or livestock
  • Exposure to chemicals or other hazardous substances
  • Farm machinery
  • Slipping and tripping
  • Falling from a height
  • Falling objects
  • Manual handling and lifting
  • Exposure to high levels of noise
  • Vibrating tools
  • Exposure to dust
  • Silos, Slurry Stores or Pits

 

Resources available

How to win your workplace personal injury claim

How to prepare a discrimination schedule of loss for the employment tribunal

How to write a grievance about discrimination at work

How to use the discrimination questions procedure

Disciplinary action and capability

Health and Safety Dismissal

Surviving Capability and Performance Management

Employee Representative Guide for non-union workplaces

DOCUMENTS, FORMS AND LETTER TEMPLATES

 

What you can do

If you are injured at work you may be able to make a farm accident compensation claim.  You can make a compensation claim if your injury was caused by the negligence of a colleague. You will be entitled to Statutory Sick Pay. Your right to sick pay should be in your employment contract or your terms and conditions of employment.

Do not accept compensation from an insurance company acting for your employer without taking legal advice. You may find that you have settled for less than you are actually entitled to.

You will need to prove that your injury, occupational illness or disease was caused by the negligence of your employer. At Employee Rescue we believe that information is your friend. How to win your Workplace Personal Injury Claim is your essential step-by-step guide to making your personal injury claim for compensation of up to £25,000.00 to cover losses you have suffered as a result of an injury at work. These are called Employer Liability claims. The book takes you quickly and simply through essential information on;

  • Your legal rights
  • Remedies
  • How to get your compensation
  • Templates
  • The latest information on personal injury

 

The Pre-Action Protocol

You start your claim using the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims. The Employee Rescue Guide explains what you must prove, in order to be successful, such as;

  • Identifying that there is a person, company or organisation to make the claim against.
  • Showing that the person, company or organisation owed you a duty of care to avoid your accident and injury, and could have taken steps to avoid the situation.
  • Proving that your injury was caused by the failure of the responsible person or organisation to take reasonable steps to avoid causing your accident or injury.

 

The Law

The Workplace (Health, Safety and Welfare) Regulations 1992
These Regulations cover a wide range of basic health, safety and welfare issues and apply to most workplaces (with the exception of those workplaces involving construction work on construction sites, those in or on a ship, or those below ground at a mine). They are amended by the Quarries Regulations 1999, the Health and Safety (Miscellaneous Amendments) Regulations 2002, the Work at Height Regulations 2005, and the Construction (Design and Management) Regulations 2007

Provision and Use of Work Equipment Regulations 1998 (PUWER)
Requires that equipment must be suitable for the task, properly maintained and guarded.  Adequate training and information about the equipment must be available for employees.

The Prevention of Accidents to Children in Agriculture Regulations 1998 (PACAR)
Makes it illegal to allow a child under 13 to ride on or drive agricultural self-propelled machines (such as tractors and quad bikes) and certain other farm machinery. However, children under 13 years old may legally ride on a trailer, or on a load carried by a trailer, if there are adequate means, such as edge protection, to prevent them falling from it.

The Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
Applies to any lifting equipment, for example, a telehandler. They require that equipment must be strong and stable enough for its proposed use, marked to indicate safe working loads, positioned and installed to minimise any risks, used as part of a planned operation and subjected to ongoing thorough examination at suitable intervals by a competent person.

The Work at Height Regulations 2005
Covers all work activities where people could fall and injure themselves. Employers, the self-employed and others who have control over work at height all have duties. Employers must make sure work at height is properly planned, using the correct equipment, supervised and carried out by people who are competent to do the job.

The Construction (Design and Management) Regulations 2007 (CDM)
Applies to all construction work, with extra responsibilities on sites where more than 5 people are working or the work will take more than 30 days. These require that health and safety is managed throughout all stages of a project, from conception, design and planning through to site work and subsequent maintenance and repair of the structure.

Electricity at Work Regulations 1989
Requires you to take precautions to reduce the risk of death or injury from electricity. Electrical equipment must be safe and properly maintained and the power supply must also be isolated before any repair or maintenance work is carried out.

You will need to prove that your injury, occupational illness or disease was caused by the negligence of your employer. How to win your Personal Injury Claim helps you to put your evidence together for your compensation claim.

 

Best of the web

 

Health and Safety Executive – Agriculture

Preventing accidents to children on farms

Health and safety using farm vehicles and machinery

Farm Safety Partnership

Farm Health and Safety

Farm Safe

Citizens Advice – Personal Injuries

Department for Work and Pensions – Compensation, Social Security Benefits and lump sum payments

 

 

Disclaimer

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication.

Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to thelawyers@employeerescue.co.uk for such specialist advice if required.

 

 

Case Study

It was reported by BBC Producer Oisin Tymons  lawyers on 16th February 2016 that  Jeremy Clarkson had apologised and settled the claim against him for race discrimination and personal injury.  Oisin Tymon launched the case against the TV presenter last year after an incident involving verbal abuse and Tymon ending up with a bloody lip. In his apology, released by Tymon’s lawyers Slater and Gordon, Clarkson said: “I would like to say sorry, once again, to Oisin Tymon for the incident and its regrettable aftermath. “I want to reiterate that none of this was in any way his fault. “I... Read More
Jeremy Clarkson and race discrimination
Business, Finance & Law