Few people who live in America’s cities fully appreciate just how different and varied the work of a farmer is. Farmers, for a start, may be employers, self employed, contractors or employees. They may be protected by workers’ compensation or not. They may produce agricultural produce like soy, corn, wheat or fruit, or work in livestock production. They may own or work on a farm that is on the fringes of a town or city or lie far from civilization. The risks faced by farmers and farm workers are just as varied as the jobs they have to do. Not every farmer will be covered by workers’ comp. Farm owners and contractors will probably have to take out their own health insurance cover and farm workers must find out whether they are covered by their employer’s insurance or not. Many states do not make it compulsory for small farms to insure their farm workers if there are only a few of them. Common Workplace Injuries Farm work is generally a riskier job than many other jobs. It tends to be quite physical, despite the availability of more technology these days. It also tends to be outdoor work, where the worker is exposed to the elements. Machinery can present a risk, especially if training is not provided or safety equipment is not provided or insufficient. Farm workers who work on farms growing crops and fruit may be exposed to chemicals like herbicides, insecticides and fungicides. There may be insufficient protection provided from exposure. Workers who work with livestock risk disease spread from the animals they are working with or injuries sustained when dealing with large, potentially dangerous animals like steers. Farm workers may work on fencing and repair and maintenance of farm buildings and can be hurt in slip and fall accidents, cuts and broken bones from falling or rotten buildings. Next Steps After a Workplace Injury The first step is to get treated as quickly as possible. If covered by workers’ comp. on a large farm, it is important to find out whether you have to use an approved medical facility. Sometimes this is mandated by the insurer. After treatment, or when you are in a position to deal with a claim, it is important to find out how to make a claim, or even whether you are covered at all. Workers’ comp. by its very nature is a no-fault type of insurance, so you do not have to prove that your employer was at fault to obtain compensation. The main proviso is that your injury was work related and this can be demonstrated by evidence or at least by the fact that it was reported to your employer or supervisor immediately after the accident. If you are not covered by workers’ comp. the two main alternatives are to rely on your own health insurance if you have any or resort to making a personal injury claim. A personal injury claim can potentially provide a higher level of compensation, but is dependent on proving that your employer’s negligence contributed to your injury or illness. You will need a personal injury attorney to get the most out of such a claim. How Workers Compensation Can Help Typically, a farm worker is covered by workers’ comp. only for medical treatment and a portion of lost earnings. The latter tends to be in the range of two thirds of the earnings that the injured employee would have expected to have earned during the time that he or she was absent. Permanent disability payments may be available, depending on the state rules, if injuries are severe enough to prevent a return to work. Why You Should Contact a WC Attorney An attorney can help the farm worker who is unsure of their rights to compensation after a farm accident or work related sickness. This help may be in the form of determining whether workers’ compensation is available or whether the worker should pursue a personal injury claim instead. In the event that a claim is denied, the attorney will be needed if the worker decides to appeal the decision.
