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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.