Farming Accident Lawyer

The farms and ranches around Mesquite raise crops, cattle, horses, and more. These contribute to the local economy but also pose specific risks. 

Livestock accidents

Working with livestock can be rewarding, but cows and pigs are not always the most considerate workmates. These animals have poor depth perception and cannot judge distances well. This sometimes causes them to crash into people working with them unintentionally. 

Other potential injuries include:

• Getting stepped on could cause crush injuries, lacerations, and broken bones

• Getting pinned against a hard surface could lead to crush injuries and skin abrasions

• Being kicked or bitten could cause broken bones and infections

The fingers, wrists, hands, and feet are the most vulnerable to injuries when working in livestock and dairy injuries. At times, these injuries can be serious, requiring ongoing hospital treatment and time off work. If this is true in your case, you may be entitled to seek compensation for your losses.

Injuries in stables

The Mesquite area is home to several ranches and stables where people can enjoy riding these magnificent creatures. Some may have dreamed of a career working with horses since childhood. 

Sadly, that dream can quickly turn into a nightmare if you get injured. The heavy nature of work in stables can lead to sprains and repetitive strain injuries. If you’re standing in the wrong place at the wrong time, a kick from a horse can break bones, potentially leading to long-term complications.

Agricultural machinery

Modern agricultural machinery has many safety features built in. From finger guards to automatic shut-off features, it is now much more difficult to injure yourself when using machinery as intended.

Accidents often occur when farm workers are not trained to use equipment correctly, which can lead to unintentionally risky behavior. Workers without proper training or supervision might unwisely attempt to fix machinery that is not working or carry out maintenance.

Farm owners and managers have a responsibility to ensure that everyone using machinery is well-trained and has the right safety gear and equipment. 

Employers must also maintain the machinery and fix problems quickly. If maintenance is neglected, they may breach their duty of care, which could be the basis for a lawsuit.

Slips, trips, and falls

Farm work often involves walking over uneven terrain. After a rainstorm, the ground underfoot could become dangerously slippery. Equipment and garbage can also become trip hazards if other workers do not tidy up after themselves.

Many farming activities require working at heights. For example, getting in and out of a combine harvester, repairing roofs, and climbing bins or silos are all potentially dangerous activities. Falls from height can result in catastrophic, disabling injuries and even death. 

Flooding and other natural disasters

Mesquite is no stranger to immense thunderstorms and flash flooding. Workers in open fields could be vulnerable to these risks. You could get injured if you are caught in a flood or other natural disaster while working on a farm.

While workers’ compensation insurance specifically does not cover such so-called “acts of God,” your employer may be responsible for taking reasonable precautions to keep you safe. Rather than concluding you do not have a case, talk to a farming accident lawyer to discover the legal options that may be open to you.

It is impossible to eliminate all risks in any workplace, especially farms and ranches that are open to the elements. However, employers in Mesquite have a duty of care toward their workers, which is enshrined in Texas state law.

Tex. Lab. Code § 411.103 requires employers to keep the workplace reasonably safe and helpful. This includes providing reasonable training, methods, and safeguards to protect workers’ lives and health. If your employer’s failure to comply with this law caused your injuries, you may have a valid case for compensation. 

Workers’ compensation insurance in Mesquite, TX

Texas does not require most private employers to have workers’ compensation insurance. That said, many employers opt for such coverage, as it provides legal protection for them and support for their employees in the case of injury.

If your employer has workers’ compensation insurance, you can only claim benefits if the injury was not your fault. If you were intoxicated, playing around, or caused your injuries intentionally, you will not be entitled to compensation. 

Workers’ compensation insurance may entitle you to:

• Payments for some of your lost income

• Medical care

• Benefits and burial expenses to the family of a worker who died due to a workplace accident

If he has workers’ compensation insurance, you cannot sue your employer in the event of a workplace accident. You are also not entitled to receive non-economic compensation for pain and suffering, disfigurement, and loss of enjoyment of life. 

Workers excluded from workers’ compensation insurance

Farms hire a lot of seasonal and migrant workers. If you were injured while working in such a role, you may be an exempt employee under the Texas Workers’ Compensation Act. However, employers can elect to obtain workers’ compensation insurance, so you should check whether you can make a claim.

Additionally, if you are classified as an independent contractor, you will not be eligible to receive workers’ compensation insurance benefits. However, this does not necessarily mean that you do not have any options.

Suing employers without workers’ compensation insurance

If an employer decides not to carry workers’ compensation insurance and you get injured due to his or her negligence, you have the right to pursue compensation. Additionally, your employer loses the right to argue that your injuries were caused by:

• Your own negligence
• Another worker’s negligence
• Danger you knew about and accepted as part of the job

Employers are required to inform their employees if workers’ compensation insurance is not provided. Any one of the Mesquite farming accident lawyers at Fielding Law would be delighted to discuss your case with you and explain the legal avenues you could pursue. 

Always report your injuries

It is believed that farming accidents and injuries are widely underreported. One study estimated that as many as 77 percent of non-fatal injuries are not officially reported. However, to give yourself the best chance of receiving compensation, make sure to report any accidents immediately and seek medical treatment right away. 

You must do so to establish a clear link between your accident and your injuries. If you delay in seeking medical treatment, your employer or his or her insurance company could argue that your injuries had another cause entirely. If you do not report the accident immediately, your employer could argue that it never happened. 

Navigating a farming accident claim or lawsuit can be complex. Several laws may be involved, including labor laws, workers’ compensation insurance legislation, and product liability laws. Therefore, you can make the process easier for yourself by letting an experienced attorney guide you through this process to give you the best chance of success.

A farming accident lawyer could help by:

• Investigating your case: Your attorney can determine exactly what happened and examine every legal avenue for pursuing compensation. This may include filing a claim against your employer, a farming machinery manufacturer, or another party whose negligence was the direct cause of your injuries.

• Handling the insurance companies: Your lawyer can handle all communication with the insurance company on your behalf. After building a strong case and calculating fair compensation, he or she will battle at the negotiating table to try to secure a fair settlement.

• Going to trial: Although most cases can be settled out of court, a farming accident lawyer can defend your interests at trial. 

A farming accident lawyer is there to lift the burden off of your shoulders. You concentrate on recovering while he or she fights hard for your rights.