Farm Accidents: How Berry Law Can Help
After surviving a farming accident, you’re doing whatever you can to rebuild your life.
Maybe you’re learning how to operate your equipment with a prosthetic arm and leg. Or you’re crunching the numbers and budgeting how you’ll keep the farm afloat after several fractured vertebrae put you in a wheelchair. Maybe the skin grafts and risks for infection have made the farming job you love so painful that you’re researching how to start a new career.
You may be in shock, tired, and doing your best to provide for your family. It’s understandable that you’re not focusing on the possibility that someone else’s actions might have contributed to your situation. However, it’s important to consider that you may be eligible to receive compensation for your medical, emotional, mental, and financial challenges, which could greatly support your recovery and future well-being.
In accidents, it’s easy to blame yourself. But employers, manufacturers, and others may have a legal responsibility to keep you safe. Too often, that doesn’t happen—meaning they could owe you a significant sum that could cover medical bills and cost of living, both past and future.
You shouldn’t struggle to provide for your family because of someone else’s negligence.
Berry Law can help.
If you’ve been in a farm accident, we invite you to call our team at (402) 466-8444 for a free initial consultation.
What kinds of farming accidents are eligible for compensation with Berry Law?
Farming is dangerous, and many things can go wrong. While not an exhaustive list, some of the most common types of farming accident cases we see at Berry Law include:
Tractor and farming machinery accidents
Over half of all farming injuries and deaths come from problems with tractors. Most commonly, these injuries come from tractors rolling over unexpectedly. Other times, farmers can become trapped or be run over by a negligent driver. These accidents can be deadly, with the surviving farmers often suffering amputations or crushed and broken bones. These injuries often require years of rehabilitation and are costly to treat.
These same problems happen with corn pickers, augers, front-end loaders, hay balers, skid steer loaders, and other heavy machinery.
Tractor and other machinery accidents frequently happen because an operator was careless, a farm owner failed to properly train their employees or maintain equipment, or a manufacturer produced and sold defective machinery. It’s alarmingly common for tractors to have defective or missing rollover bars—a mistake that all too often leads to serious injury or death.
Toxic chemical exposure
Farmers are frequently exposed to toxic insecticides, fungicides, fertilizers, fumigants, or other agricultural chemicals that lead to long-term health problems, including, but not limited to, chemical burns, cancer, and blindness. Even brief exposure to herbicides like paraquat can cause lung scarring, organ failure, Parkinson’s disease, and even death. It’s also common for animal medicines, paints, solvents, or machine lubricants to be mishandled or mislabeled, which can cause life-long injuries. Depending on the severity of the damage, some survivors are confined to an oxygen tank because of the damage to their lungs.
It’s imperative that these dangerous farming chemicals are handled, stored, and labeled properly. Employers often fail to do so, or neglect to provide proper protective equipment, training, or safety precautions—with catastrophic consequences.
Grain bin and silo accidents
Farmers can easily become trapped in grain storage facilities while loading, unloading, or cleaning them, sometimes even leading to suffocation. It’s not uncommon for survivors to suffer from crushed limbs, paralysis, or brain injuries. These injuries can change the outlook of their lives and be devastating to their families.
Grain bin entrapments often happen when a person or entity neglects OSHA guidelines, making the work area fatally unsafe.
Animal-related injuries
Unrestrained farm animals are unpredictable and dangerous. Farmworkers and visitors have been seriously hurt when an unrestrained animal kicks, bites, impales, or tramples them. Sometimes, animal bites can spread diseases that cause hospitalization or even death.
Properly handling and restraining farm animals is essential, especially when they are around people. Sometimes, despite best intentions, animals may not be adequately restrained or the necessary training and tools might not be provided. This can unfortunately lead to accidents where individuals may get hurt. By ensuring proper animal handling practices, we can create a safer environment for everyone.
Falls from heights
Many farmers fall from ladders, haylofts, or barn rafters. Their injuries can be devastating: broken spines, brain injuries, shattered bones, or rupture to internal organs are. Recovery can be difficult and lifelong.
Very often, these falls could have been prevented by regular maintenance or the presence of up-to-date safety equipment. Many times, owners neglect OSHA requirements, leading to an innocent person’s serious injury or even causing their death.
Defective equipment accidents
It’s alarmingly common for dangerous agricultural machinery to malfunction, sometimes due to a design flaw or missing parts. Farmers who follow every safety guideline can still have their limbs caught in machinery, have fingers cut off, be crushed by falling parts, or be lacerated by suddenly ejected parts when a machine unexpectedly malfunctions. Survivors are often left in a state of confusion and blame themselves for small things they could’ve done differently, even though it was far from their fault.
Survivors of these accidents sometimes don’t know they have a right to seek legal recourse and struggle financially in the aftermath. However, many times they could fully recover their financial security by legally holding the negligent manufacturers or sellers accountable.
Transportation accidents
Farm trucks, ATVs, or other agricultural vehicles oftentimes share county roads and highways with passenger vehicles. Farmers operating farming equipment can sometimes be struck and seriously injured by a negligent or distracted driver. Survivors of these accidents can suffer from crushed, broken limbs, or major damage to internal organs, sometimes requiring lifelong care.
Survivors can hold a distracted or negligent driver legally accountable for these accidents.
If you don’t see your injury listed above, you may still have grounds for a case.
Farming accidents can cause catastrophic, life-changing injuries that leave you struggling to pay for medical bills, repay the mortgage, maintain your farm operations, or return to work. Don’t wait. While you focus on recovery, a Berry Law farm accident attorney can fight for you to receive fair and full compensation for your injuries.
How do I know if I have a personal injury case for my farming accident?
In a profession as dangerous as farming, employers, contractors, equipment manufacturers, or others may have a legal responsibility to ensure equipment, supplies, and working conditions are safe and up to standard. Equipment may need to be regularly checked for malfunctions and hazardous supplies need to be properly labeled and stored so that no one who handles these items as intended is hurt.
At Berry Law, our job is to identify who may be responsible and hold them legally accountable for the harm you’ve suffered.
Why should I hire a personal injury attorney from Berry Law after my farm accident?
A farming accident can leave you with medical bills that span a lifetime, including surgeries, prosthetics, doctor appointments, ambulance rides, and time spent out of work. In Nebraska, farmers are usually excluded from worker’s compensation claims that could help with these costs, which leaves many Nebraskan farmers financially struggling after an injury.
An Omaha personal injury lawyer can help navigate the complexities of the law to ensure you are fairly compensated for your injuries, lost wages, and suffering.
At Berry Law, we know that your first priority after an accident is you and your family. You deserve time off to recover, recalibrate your life, and rebuild. Our mission is to fight on your behalf so you receive full compensation for your injury, which may help you recover and give you peace of mind.
A farm accident may have changed your life, but it doesn’t have to leave you and your family without options.
What sorts of compensation can a Berry Law attorney request in a personal injury lawsuit for my farming accident?
The damages from a farming accident can pervade every aspect of your life. Pursuing a personal injury claim or lawsuit is crucial for receiving the compensation you deserve for these damages. These damages should be fully accounted for in your claim.
Types of compensation for farming accidents include:
Medical compensation
The injuries from a farming accident could cost you thousands. That’s just from the initial hospital bill. The emergency services, MRIs, CT scans, extended hospital stay fees, or outpatient rehabilitation you may need could cost even more.
Depending on what type of injury you have, you could also be facing expenses for years of doctors’ visits, costly prosthetics, wheelchairs, housing accommodations, medications for pain management, and frequent surgeries. Sometimes, you may even require permanent at-home care. Even with health insurance, these necessary medical treatments can quickly become unaffordable.
A Berry Law personal injury attorney can calculate all your past, current, and future medical expenses and create a strategic plan designed to help you receive fair and full compensation for these costs.
Lost wages and diminished future earnings
After a farming accident, you may be out of work for a long time—putting you, your family, and possibly your farm at risk. In some cases, your injuries could prevent you from returning to the farming job entirely.
An attorney can help you seek damages for the earnings you’ve already lost and your lost future earning potential so that you can provide for yourself and family while you’re out of work or on disability.
Pain and suffering
Injuries from a farming accident are often severe and lifelong. These injuries extend beyond immediate physical problems—there can be emotional, psychological, and interpersonal trauma from the sudden changes in your life and work.
These extended damages—which include long-term chronic pain and other life-changing consequences—can be accounted for in your claim.
Disability or disfigurement
Anything from daily household chores to transportation could suddenly be out of reach after a farming accident. If you’ve suffered amputations, paralysis, or brain injury, these problems could last a lifetime. You may need housing accommodations, transportation help, or at-home care. These changes are not only mentally and emotionally exhausting, but they are also costly.
A Berry Law attorney can help you assess the extent of these damages and help you recover past and future losses, which may help you afford access to necessary care.
Loss of enjoyment of life
Aspects of life you previously enjoyed may change or be difficult after a farming accident, especially if you’ve suffered amputations or paralysis. Some of the hobbies you previously enjoyed—like bicycling, swimming, painting, or running—may no longer be physically possible. You may feel a sense of grief and loss over these changes, which could greatly affect how well you can enjoy your life.
A Berry Law attorney can assess how much has changed for you and propose a way to compensate you for these significant losses.
Wrongful death
Sadly, many farmers don’t survive an accident. If you are a member of the deceased person’s family, you may be able to seek damages for funeral expenses, loss of financial support, and loss of companionship. A Berry Law wrongful death attorney may be able to help you through this painful time.
How long do I have to file a claim?
It depends on where you live. Many states have a Statute of Limitations that blocks legal claims for injuries after a few years have passed. Understanding the process for filing an injury claim within this timeframe is crucial to ensure you don’t miss the deadline for pursuing compensation. This is why it is important to call an attorney as soon as possible to understand the Statute of Limitations in your area and ensure your claim is filed on time.
What Berry Law can do for you
Rebuilding your life after a farming accident can be difficult. We’re here to make that process easier.
We’re honored to serve our hardworking Iowan and Nebraskan farmers, fighting alongside them as advocates for their full recovery.
You shouldn’t be left to fight alone after an accident left you injured.
In most cases, compensation comes from insurance policies, not directly from individuals. This means you can seek the compensation you deserve without causing financial harm to someone you know. Additionally, if your injury was due to an equipment defect, companies often have insurance and funds set aside for these issues.
If you’ve suffered a farming accident injury, call Berry Law at (402) 466-8444 and take back your future today.