Peoria Farming Accident Lawyers

Do Injured Farmworkers Qualify for Workers’ Compensation in Illinois?

Despite laws that require most employers to carry workers’ compensation insurance on their employees in Illinois, not all farmworkers are covered. Our state has set unique qualification rules that apply to farms, and many operations are exempt. In Illinois, farm operations are only required to maintain workers’ comp insurance if they employ more than 400 working days of agricultural labor per quarter.

After suffering an injury in a farming accident, the first thing you should do after your condition is stable is to find out whether your employer carries workers’ comp insurance. This will help you determine the path to take moving forward.

What to Do if the Farming Operation Has Workers’ Comp Coverage

If your employer maintained workers’ comp insurance on you, you’ll need to report your injury to your supervisor. If your injury required medical care or caused you to miss work, the farm will complete an accident report and file your claim on your behalf. You’ll need to follow up with the farming organization to make sure all proper documentation is filed. Keep track of your medical expenses and the wages you lose so you can verify whether you’re receiving full compensation for your losses. If the insurance company delays, minimizes, or denies your claim, you’re going to need to hire an experienced workers’ compensation lawyer right away.

What to Do If Workers’ Compensation Is Not an Option After a Farming Accident

If you are an injured farmworker and your employer did not maintain workers’ compensation insurance, you still have legal options to recover compensation for your losses. You can file a personal injury claim against the party or parties who caused your accident. You will need to prove that the defendant was negligent, and that their actions or omission contributed to the cause of your injuries.

Who Can Be Held Liable for a Farm Accident?

Determining liability in a farm accident can be complicated because so many variables exist. Depending on the circumstances, the following parties may be held responsible:

• Farm Owners: If unsafe conditions on the property led to the accident, you can hold the farming organization or the property owner liable.
  
• Equipment Manufacturers: If defective machinery or equipment caused your injury, the equipment manufacturer may be liable.
  
• Chemical Manufacturers: If unsafe chemicals led to poisoning or chemical burns, the chemical manufacturer can be held accountable.
  
• Other Workers: In cases of negligence or misconduct by other workers on the farm, those parties can be liable for your losses.

Our farm accident lawyers will investigate the circumstances of your injury, gather evidence, and determine who should be held accountable.

Compensation Available After a Farm Accident in Illinois

The compensation available to you depends on the type of injury claim you file and the injuries and losses you’ve suffered.

In a successful workers’ compensation claim, you may be able to recover:

• The full amount of your necessary accident-related medical expenses
• Two-thirds of your average weekly wage while you’re off work
• Loss of use benefits if your accident caused a permanent disability
• Rehabilitation costs if you must change occupations because of your injuries
• Death benefits to surviving family members

In a successful personal injury claim after a farm accident, you may be entitled to compensation for:

• Medical expenses (emergency care, surgery, hospitalization, rehabilitation)
• The total of your lost wages and future earning capacity
• Pain and suffering (physical pain, emotional trauma, loss of enjoyment)
• Wrongful death (for family members after fatal accidents)

Our legal team will identify all sources of recovery and fight to ensure you receive full and fair compensation for all your losses. Call 309-393-2928 now.

Common Types of Farm Accidents

Whether you’re an experienced farmhand or someone new to the trade, working in the agricultural industry is inherently dangerous. Transportation incidents, violence and animal attacks, and contact with equipment or other objects are the leading causes of death on farms. Those aren’t the only types of farm accidents that give rise to injury claims, however. Some of the most common types of farming accidents that cause severe injuries and fatalities in Illinois include:

• Tractor Rollovers: Among the leading causes of fatal accidents on farms in Illinois are tractor rollovers. Even with roll bars, serious injuries can occur.
• Heavy Machinery Accidents: Malfunctioning equipment like combines, hay balers, and grain augers can cause severe injuries.
• Chemical Exposure: Pesticides, herbicides, and other chemicals can cause poisoning, respiratory problems, and skin damage.
• Animal-Related Injuries: Livestock can be unpredictable, leading to bites, kicks, or crush injuries.
• Grain Bin Accidents: Workers can become trapped in flowing grain, leading to suffocation or serious injury.
• Slip and Fall Accidents: Uneven terrain, wet floors, and poorly maintained equipment can lead to falls.

Contact Strong Law Offices for a Free Consultation

If you or a loved one suffered injuries in a farm accident, contact our experienced farm accident lawyers in Peoria today for a free consultation. We will review your case, explain your legal options, and fight to secure the compensation you deserve.