On average 500 farm employees are injured on the job every day.
Farms are one of the few businesses that are typically exempt from having to carry workman’s compensation insurance, but considering the risk of injury to their employees it would be prudent to invest in it. Considering the heavy machinery and equipment that they are using, it is obvious why so many of the injuries sustained are serious and require expensive medical care. Tractor trailers alone are responsible for over a hundred deaths every year. If you were injured in an accident on a farm, don’t let a lack of workers’ comp insurance deter you from seeking compensation. There are many other alternatives that a workers’ compensation attorney can help you explore.
Why Invest in Workers’ Comp Insurance?
The perk for a business that carries workman’s compensation insurance is that it takes away the right of the employees to sue them for an injury. As it is a no fault insurance policy, all that needs to be proven by the employee is that the injury was work related and necessitated medical care. Assumed negligence from either party makes no difference to the claim. By separating work injuries from personal injury lawsuits, the employer is now protected from having to pay expensive pain and suffering rewards. The sole responsibility of workman’s comp is to pay any medical expenses and loss of wages.
By not carrying workman’s compensation, a farm owner has opened himself up to the possibility of lawsuits. Considering the gravity of the possible injuries associated with farming, he is also facing the likelihood of having to pay huge rewards.
What Happens if Your Employer Has No Insurance?
If you were hurt in a farming accident and the owner does carry insurance than you will treat it like any other workman’s compensation claim. An incident report will be filed and your employer will present you with a list of approved doctors and facilities that will tend to your medical issues. Barring any arguments from the insurance company regarding your claim, your medical expenses will be paid as well as the salary you lost while being treated.
In the event that there is no workers compensation insurance, your claim becomes a civil case. Unfortunately for you this will most likely mean a longer waiting time until the situation is resolved, but it will be more unfortunate for your employer who may have to pay for your expenses out of his pocket. The second injury fund can also come into play with these types of scenarios and help an injured employee receive an adequate award to cover their expenses and loss of wages.
Missouri Workers Compensation
One Missouri farm worker fractured some ribs and suffered from a collapsed lung when a bale of hay rolled over onto him. His employee had chosen to not carry workers compensation insurance. A final hearing was arranged and the judge ordered the farm owner to pay a total of $40,000 to the employee. On top of that the second injury fund was ordered to pay $75,000 plus weekly benefits for the duration of the plaintiffs’ life.
Whatever the case, a skilled workers compensation attorney should be retained if you, or someone you love, is injured in a farming accident. Laws governing the farming industry differ from the rest and you need someone with full knowledge of them to figure out the best course of action for your case.
Call the Law Office of James M. Hoffmann at (314) 361-4300
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