Agriculture related accidents involving farm machinery can cause catastrophic injuries and wrongful death. While there have been significant strides to make tractors and other farm equipment safer, there are still a substantial number of injuries caused by farm machinery. Tractors are a particularly dangerous type of farm machinery and account for half of all farm accident fatalities according to industry data. A study conducted during one seven year period revealed over 2,500 tractor accident related fatalities almost half resulting from tractor rollover accidents. Tractor accidents may be caused by a variety of factors including operator error, lack of training or experience, tractor product defects or inadequate maintenance.
The agricultural industry represents one of the most dangerous occupational classifications. Approximate 3,000 people a week are injured in agricultural accidents with about 150 people per week suffering serious injuries that result in permanent impairment. According to data from the Bureau of Labor Statistics, farming is the third leading industry for accident related fatalities. The fatality accident rate for agricultural employees is over eight times the rate for those who work in the manufacturing industry.
There are many issues with farm machinery including tractors that may cause injuries including:
- Inadequate maintenance
- Improper repairs
- No ROPS (Rollover Protective Structures)
- Negligence of other workers
- Lack of safety devices like guards or shields
- Defective safety shutoffs
- Insufficient training or supervision
- Lack of seat belts
Many farm machinery related accidents involve tractors that are not equipped with seat belts or ROPS systems. These accidents may also involve having passengers on the tractor or having inexperienced or inadequate operators.
Serious farm injuries also result from failure to comply with OSHA safety regulations and failure to supply appropriate protective gear. When farm workers are put in harms way because of inadequate safety measures, the injured agricultural worker may have a right to compensation for one’s injuries.
Litigation of an agricultural accident involving farm equipment including tractor accidents can be complex because of the interplay of personal injury and worker’s compensation law. If the injured person is a farm employee, worker’s compensation may provide an exclusive remedy against one’s employer. The advantage to pursuing a worker’s compensation claim is that there is no requirement to establish fault by one’s employer.
Unfortunately, the compensation available from a worker’s compensation claim typically is far less than in a personal injury lawsuit. Many times a farm worker may suffer injury caused by multiple parties including other companies doing work on the property or the manufacturer of a defective piece of farm machinery. Our experienced Kansas farm accident attorneys may be able to pursue a personal injury claim against these other parties to obtain additional compensation for your injuries. Because tractor rollover accidents often result in catastrophic injuries, it is essential to pursue all avenues of compensation.
Our law firm represents those injured in all forms of motor vehicle accidents including tractor accidents. If you or someone you love has suffered serious injuries or you have lost a loved one to wrongful death our experienced tractor accident attorneys may be able to help. We urge you to call us today to learn about your rights and options.