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Farming Accidents

Farming Accidents

Injury Attorneys | Restoring LivesTM

What Is a Farming Accident?

Farming accidents often involve machinery such as tractors, augers, bush hogs, and other types of farm equipment. Permanent life altering injuries or even death can occur as a result of farming accidents.

WKW has handled many farm related accident cases over the years. These cases have involved injuries from herbicide exposure, defective tractor designs, hay rake malfunctions, rusted out auger covers, and faulty anhydrous ammonia tanks.

If you or a loved one has been injured while working on a farm, or by a faulty piece of farm equipment, contact the Indianapolis farm accident attorneys at WKW.

Types of Farming Accidents

Farming accidents can include dangerous chemical exposure and farm equipment injuries due to defective farm equipment.

Chemical Exposure:

  • Herbicides
  • Pesticides
  • Anhydrous Ammonia

Chemical Product Labels

Common chemicals used on farms should be identified and properly labeled, including:

  • Roundup (Glyphosate)
  • 2-4-Dichiorophenexacetic Acid
  • Atrazine
  • Chlorpyrifos
  • Anhydrous Ammonia
  • Meolachlor

Farm Equipment Injuries:

  • Tractors (including lack of Operator Presence Sensing System or Dead Man Switch)
  • Bush Hogs
  • Hay Rakes
  • Hay Balers
  • Augers
  • Grain Bins

Does Workers’ Comp Apply?

Generally, workers are barred from suing their employers because of workers’ compensation being an exclusive remedy. This no-fault system prevents injured employees from suing their employers in exchange for the right to receive workers’ compensation benefits. However, there are plenty of exceptions, including injuries caused by third parties such as product manufacturers.

As stated in Indiana Code §22-3-2-9(a), farm and agricultural employees are excluded from coverage. However, the term “agricultural employee” is limited to workers performing traditional types of farm labor directly related to the tending of crops and livestock. Workers injured doing other types of work in a farm setting may be covered by workers’ compensation laws.

If the employee is found to be an “agricultural employee” by the Board, the employee may have common law rights of recovery against the employer for his injuries and damages sustained through a work accident.

Further, Indiana Code §22-3-2-9(b) allows the employers of casual laborers, agricultural employees, and household employees to elect coverage under the Act. Notice of acceptance of compensation must be given by employee 30 days prior to any accident resulting in injury or death by:

  • Sending registered letter
  • Personal delivery
  • Serving notice on any employer’s agents (same as summons)

Contact a Farming Accident Attorney Today

If you have been injured as a result of a farming accident, we urge you to contact the Indianapolis Farming Accident Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you with the next steps in pursuing a farming accident case, regardless of the type of accident. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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