Category: Farming Accident

New York may not immediately come to mind when someone thinks about farming, but the state has enacted numerous laws over the years to protect agricultural workers from accidents. These protections include everything from safety regulations to a robust workers’ compensation system. The overall objective is to make work-related injuries less likely but provide medical and financial safeguards in the event accidents do occur.

If you or a loved one is a farm worker who has been hurt on the job, we want to discuss your legal options with you. When a client retains Carden Dotzler Hammond, PLLC, our firm gets to work investigating the circumstances of their injury and advising them of their rights. Find out how we serve personal injury and workplace accident victims in Syracuse.

Safety Regulations for Farm Workers

New York sets safety rules that are designed to keep agricultural workplaces safe while minimizing known hazards surrounding heavy machinery, chemicals, environmental conditions, and other factors. For example, employers must notify their workers of the health effects and hazards that toxic substances present. Laws also control the use and movement of agricultural machinery in the state.

Other regulations require farm operators to:

• Properly use and handle heavy farm equipment
• Give their employees appropriate personal protective equipment
• Limit workers’ exposure to pesticides and other hazardous chemicals

Many of these state regulations model federal rules that the Occupational Health and Safety Administration (OSHA) has established. The goal is to maintain a safe work environment for agricultural employees by enforcing various standards. Safety rules also prevent employers from retaliating against employees who report unsafe working conditions or participate in an investigation concerning the same.

Workers’ Compensation Rights

New York has strong workers’ compensation protections for injured farm workers. It is one of several states that mandates employers to provide workers’ comp coverage for their agricultural employees. Unless they work under an express contract of hire, the spouse and minor children of a farmer do not count as employees.

New York’s workers’ comp system stands in contrast to other states that only obligate farm employers to carry coverage if they have a certain number of employees, require a minimum number of workdays from their employees each year, or require their employees to perform certain tasks. Other states do not even require farm operators to carry workers’ compensation coverage for their employees.

How Our CDH Law Can Assist You

If you have suffered a farm workplace injury, an attorney can help you seek financial compensation by:

• Determining whether you have a valid workers’ compensation claim
• Exploring third-party liability, for example in the case of defectively designed farm equipment or negligent property owners
• Filing injury claims and negotiating with insurers for a fair out-of-court settlement
• Pursuing the legal damages and resources you need to recover from your injuries

We understand the stress you are likely dealing with after suffering an agricultural workplace injury, as medical bills pile up and you miss earning money from work. Fortunately, you do not have to fight for the benefits and damages you deserve by yourself. Turn to CDH Law and contact our office today to learn more about your legal rights.

Often, farm workers who get hurt on the job worry about affording the medical treatment or rehabilitation they might need for their injuries. Fortunately, federal and state laws afford injured farm workers critical rights after they get hurt at work. 

Overview of Farm Workers’ Rights

Agricultural workers enjoy various protections under federal and state law. For example, federal Occupational Health and Safety Administration regulations require farm operators to maintain a safe work environment by complying with workplace safety standards applicable to the agricultural industry. However, workplace accidents will still occur despite farm operators’ best efforts to maintain a safe work environment. 

Farm workers injured on the job may have the right to obtain workers’ compensation benefits from their employer. New York is one of several states in the U.S. that require farm operators to carry workers’ compensation insurance if they employ farm workers. A farmer’s spouse and minor children do not qualify as employees unless they work under an express contract of hire. Other states only require farm operators to provide workers’ compensation to farm workers if they employ a minimum number of workers, have workers perform a minimum number of workdays per year, or employ workers to perform specific tasks. Some states do not require farm operators to provide workers’ comp to farm workers. 

Workers’ Compensation for Injured Farm Workers

Under New York’s workers’ compensation system, injured farm workers may receive various financial benefits to help them recover from a work-related injury. These benefits include:

• Medical benefits: Workers’ compensation can cover the cost of all reasonable and necessary medical treatment and rehabilitation for an occupational injury, including prescription medication, surgeries, assistive devices, and physical therapy.
• Lost wage benefits: An injured farm worker may receive partial reimbursement of their average weekly wage for the time they spend out of work while recovering from an occupational injury.  
• Disability benefits: Injured workers who sustain a permanent disability or loss of use of a body part or bodily function may receive financial payments based on the nature and severity of that disability. 

Health and Safety Protections

State and federal regulations require farm operators to maintain a safe working environment for farm workers. These regulations include specific safety standards that farm operators must adhere to, such as properly handling farm or other heavy equipment, providing workers with appropriate personal protective equipment, and minimizing workers’ exposure to hazardous chemicals like pesticides. 

Workplace safety laws also provide workers legal protection to report unsafe working conditions to government regulators. A worker who reports their employer’s workplace safety violations to regulators or participates in a regulator’s investigation of suspected violations may have a legal claim if the employer subsequently retaliates against the worker. 

Other Legal Avenues for Farm Workers

Depending on the circumstances of a farm accident, an injured farm worker may have additional avenues for pursuing financial compensation for their harm and loss. For example, when a third party bears liability for a farm worker’s injury – such as when an accident occurs because of defective equipment or machinery – the worker may have a personal injury claim against the third party that allows them to pursue recovery for various financial and personal losses, including those not covered by workers’ comp like long-term disability care costs, pain and suffering, or lost quality of life. Although the workers’ compensation law precludes injured workers from pursuing personal injury claims against their employers, they may file such claims against third parties even after obtaining workers’ compensation benefits. 

How Can an Attorney Help You Protect Your Rights and Interests

An attorney can help an injured farm worker maximize their financial recovery after a work-related accident by:

• Thoroughly investigating the accident to recover evidence that can help prove your injury case
• Evaluating your legal options for seeking financial recovery, including whether you may have the right to workers’ comp
• Filing your injury claims and handling communications/negotiations with employers, insurance companies, and other parties while you focus on healing
• Vigorously pursuing the financial resources you need for your recovery, including through legal action if necessary

Contact Our Farming Accident Attorneys in Syracuse

If you’ve been hurt on the job as a farm worker, you may have legal rights to pursue financial compensation and accountability for your injuries. Contact CDH Law PLLC today for a free, no-obligation consultation to speak with a workplace injury attorney about your legal options for seeking financial relief and justice.

Agriculture is a big part of the economy here in Central New York, and many of us work on farms and around farming equipment. When this equipment is defective, it can break down suddenly and without warning, potentially leading to serious accidents. Knowing how and why these issues occur can help you understand your options as you seek compensation in the wake of an injury. 

What Types of Farming Equipment Can Cause Injuries?

Practically any kind of farming equipment can cause serious injuries if it breaks down suddenly while in use. Here are just a few ways that common types of agricultural machinery can malfunction:

• Tractors can have brake failures, steering malfunctions, or hydraulic system issues, causing the operator to lose control and leading to rollovers or collisions. 
• Combines, which are used to harvest crops, can suffer from malfunctioning cutting blades, jammed augers, or electrical failures, potentially causing entanglement or amputation injuries.
• Balers, used to compress and package hay or straw, can have problems with their twine or wire-tying mechanisms. This can lead to jams or unexpected releases of compressed material that can strike workers. 
• Augers, which transport grain or feed, can suffer from damaged or exposed flighting, creating entanglement hazards. 
• Conveyor systems can suffer belt or chain malfunctions, causing sudden stops or starts that can catch workers off guard and lead to falls or crush injuries.
• Pesticide sprayers and storage tanks can develop leaks or malfunctioning valves, leading to exposure to harmful chemicals. 
• Malfunctioning power take-off (PTO) shafts, which transfer power from a tractor to an attached implement, can cause entanglement injuries if safety shields are missing or damaged.

What Are Some Common Injuries Farming Equipment Malfunctions?

Malfunctioning farming equipment can cause a wide range of injuries, from minor cuts and bruises to life-altering or even fatal wounds. Some common injuries include:

• Crush injuries from being caught in or under heavy machinery
• Amputations due to entanglement in moving parts
• Severe lacerations from sharp edges or flying debris
• Burns from malfunctioning electrical components or chemical exposure
• Traumatic brain injuries from falls or being struck by equipment
• Spinal cord injuries resulting in paralysis

These injuries can have a profound impact on an individual’s life, requiring extensive medical treatment, rehabilitation, and long-term care.

Who Is Liable for Injuries Due to Malfunctioning Equipment?

Liability for injuries caused by malfunctioning farming equipment can fall on several parties, depending on the circumstances. 

• The equipment manufacturer may be liable if the malfunction was due to a design defect, manufacturing flaw, or inadequate warnings. 
• The seller or distributor of the equipment may also be responsible if they knowingly sold a defective product. 
• The owner of the equipment or the farm itself may be liable if they failed to properly maintain the equipment or provide adequate training to workers.

What Is the Deadline to File a Lawsuit for Farming Equipment Injuries?

In New York, the deadline to file a lawsuit for injuries caused by malfunctioning farming equipment is generally three years from the accident date. Failing to file your claim within this timeframe can result in the loss of your right to seek compensation. 

However, there are some exceptions to this timeline, such as: 

• Cases involving minors
• Situations where the injury was not immediately apparent
• Accidents where a government entity was at fault

Consulting with an experienced attorney can help you understand your rights and ensure that you meet all necessary deadlines.

Contact CDH Law PLLC for Legal Representation Today

The process of seeking compensation after a farm equipment malfunction can be a difficult one, especially if you have to go up against powerful corporate interests. Insurance companies will do everything they can to avoid paying out claims, leaving injured individuals frustrated and disappointed. Fortunately, you do not have to pursue your claim alone. Instead, work with an experienced product liability attorney from CDH Law PLLC to more effectively pursue the full and fair compensation you deserve. Contact us today for a free consultation with a farm equipment injury lawyer in Syracuse, and let’s discuss your options together.

Farming is an essential part of the American economy and a way of life for many families in Central NY, and across the country. However, the agricultural industry is also one of the most dangerous, with numerous potential hazards that can lead to serious accidents and injuries. From heavy machinery and toxic chemicals to unpredictable livestock and hazardous working conditions, farmers face a wide range of risks every day.

Whether you’re a farmer, a farmworker, or someone who loves someone in the agricultural industry, it’s essential to understand the potential dangers and take steps to prevent accidents from occurring. And if the unthinkable does happen, know that our compassionate and knowledgeable Syracuse personal injury attorneys at  Carden Dotzler Hammond, PLLC will be ready to stand up and fight for you. 

Common Causes of Farming Accidents

Farming accidents often stem from two main categories: machinery-related incidents and slips, trips, and falls. Both types of accidents can lead to serious injuries or even fatalities, making it crucial for farmers and farmworkers to prioritize safety and take proactive steps to prevent these incidents from occurring.

Machinery Mishaps 

Farming equipment, such as tractors, combines, balers, and augers, is essential for modern agriculture but can pose significant risks when not properly maintained or operated. Machinery accidents can include rollovers, collisions, entanglements, crushing injuries, and power take-off (PTO) incidents. To prevent these accidents, it’s crucial to:

• Provide thorough training on the safe operation and maintenance of all machinery
• Perform regular inspections and maintenance to identify and address potential hazards
• Ensure that all safety guards, shields, and rollover protection structures (ROPS) are in place and in good condition
• Follow proper safety protocols, such as shutting off machinery before clearing jams or performing maintenance and wearing close-fitting clothing to avoid entanglements

Slips, Trips, and Falls 

Slips, trips, and falls are another common cause of farming accidents. These incidents can occur due to uneven terrain, wet or slippery surfaces, cluttered workspaces, or inadequate lighting. To minimize the risk of slips, trips, and falls, farmers should:

• Keep work areas clean, organized, and free of tripping hazards
• Ensure that all walking surfaces, including stairs and ladders, are in good condition and equipped with proper handrails or guardrails
• Provide adequate lighting in all work areas, including barns, sheds, and outdoor spaces
• Use slip-resistant footwear and keep floors dry and free of spills or debris
• Install non-slip surfaces or mats in areas prone to wetness or slipperiness

Preventing Farming Accidents 

Vigilant equipment maintenance and comprehensive safety training are key to preventing both machinery-related accidents and slips, trips, and falls on farms. By prioritizing safety and staying proactive, farmers can create a safer working environment for themselves and their employees, reducing the risk of serious injuries or fatalities.

Injured? Contact Our Syracuse & Central New York Farming Injury Lawyers

At Carden Dotzler Hammond, PLLC, we understand the devastating impact that farming accidents can have on individuals and families throughout Onondaga County and the surrounding counties of Central New York. We know that the thought of taking legal action can be daunting, especially when you’re already dealing with the physical, emotional, and financial consequences of a farming accident. We offer free, no-obligation consultations to help you understand your rights and explore your legal options. 

Instead of worrying, give us a call or fill out one of the contact forms on our website. Taking that first step may be the best decision you ever make on your path to recovery and justice.