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What Are Common Agricultural Accidents and Injuries?
Texas has a healthy agricultural industry, including ranches and farms for cattle, sheep, poultry, cotton, hay, grains, fruits and vegetables, timber, wine, catfish, horticulture, and nuts and oil seeds. While this farming industry presents Texas with many job opportunities and economic strengths, statistics regularly show that the agricultural sector ranks among the most dangerous industries in the country. Every year, thousands of workers suffer serious injuries in ranch and farming accidents, and others lose their loved ones in wrongful death fatalities.
Common examples of ranching and farming accidents include the following:
- Tractor overturn accidents
- Falls from ladders, machines, barns, and other heights
- Body parts becoming entangled in machinery
- Instances of suffocation in grain bins, grain elevators, and silos
- Explosions, smoke inhalation, and fires
- Exposure to toxic chemicals
- Animal bites, trampling, kicks, and other injuries caused by livestock
- Motor vehicle accidents
- Injuries in stables
Farm equipment is commonly associated with serious injuries and wrongful deaths. The equipment and machinery commonly linked to ranching and farming accidents include tractors, combines, harvesters, silos, brush hogs, front-end loaders, mowers, cultivators, compact loaders, hay balers, backhoes, and corn huskers.
Examples of ranch and farm accident injuries include the following:
- Broken bones and bone fractures
- Traumatic brain injuries
- Forced amputations
- Crushing injuries
- Spinal cord injuries
- Complete or partial paralysis
- Loss of hearing or sight
- Electrocution
- Burns
- Deep cuts or lacerations
- Wrongful death
Statistics show that, across the country, hundreds of thousands of workers are injured every year in farm and ranch accidents. On an average day, 100 agricultural workers will suffer an injury that causes them to miss time at work.
What Can Injured Victims Do Following a Ranching or Farming Accident in Texas?
Suppose you have experienced an injury in a ranching or farming accident in Texas. In that case, you must retain professional legal representation to look after your rights and increase the likelihood of recovering a fair settlement for your personal injury case.
Depending on the unique facts of your case, there may be several at-fault parties who could be held liable for damages. Suppose the accident was caused by your employer’s negligence or the negligence of another farmer or rancher. In that case, pursuing financial recovery by filing a personal injury lawsuit against them is possible. Additionally, negligent third parties may be held accountable in certain instances. In personal injury cases involving defective machinery or equipment, filing a product liability claim against the manufacturer responsible may be possible. To determine who or what may be held legally accountable for your ranch or farm accident injuries, don’t hesitate to get in touch with our law firm to discuss your case with our experienced legal team.
Farming and ranching accidents are believed to be widely unreported or underreported across the country. To present yourself with the most assured chance of recovering a full settlement, you must report your accidents and injuries right away and seek emergency medical treatment. If you do not file an accident report or seek medical aid, establishing a direct line between your accident and your injuries may prove difficult or even impossible. It may be possible for the negligent parties or their insurance company providers to argue that your injuries were caused by other factors, thus devaluing or dismissing your claims entirely. When in doubt, contact our law firm for legal guidance.
Are Texas Employers Required to Have Workers’ Compensation Insurance?
Texas law requires most private employers, including those who employ workers at ranches and farms, to have workers’ compensation insurance. With that said, many employers will not carry such coverage, which excludes the employees from the legal protection and additional support for their employees provided under the workers compensation laws.
Ultimately, however, it is up to the individual employer to determine whether they will carry workers’ compensation coverage for their agricultural workers.
If an employer decides not to carry workers’ compensation insurance, you still have the right to seek compensation if their negligence was the direct cause of your injuries. Our Texas law firm would be proud to assist you in filing a personal injury lawsuit against negligent employers in instances where their negligence was the cause of personal injury or wrongful death.
Can You Sue Texas Employers for Farm and Ranch Workplace Injuries?
Because Texas employers are not required to carry workers’ compensation benefits for their employees, ranch and farm workers are unlikely to have this recourse if they get hurt on the job. However, they still have the legal right to file a personal injury claim if the agricultural accident was caused by another person’s or entity’s negligence.
Farm owners and operators may be held liable for negligence resulting in injuries to their employees, such as unsafe working conditions, failure to provide the necessary equipment, or failure to maintain the equipment in a satisfactory condition.
The manufacturers of defective products, including faulty farming equipment, could be held accountable for any injuries or deaths caused by the failure of their products.
Third parties operating motor vehicles on farm property, such as truck drivers delivering supplies, may be held liable for carelessness behind the wheel if their negligence results in an accident.
What is the Texas Farm Animals Liability Act (FALA)?
The Texas Farm Animals Liability Act essentially limits the liability of farm animal owners when someone is injured while participating in ranch or farm activities involving livestock, cattle, or horses. If you are injured while working on a ranch or farm, the Act keeps the owner from being held directly responsible for all of your injuries, especially if the injury occurred due to the inherent risk of working with farm animals. However, there are certain limitations to the Act, and those injured by farm animals may still have the legal right to pursue compensation from at-fault parties.
Exceptions to the Texas Farm Animal Liability Act protections include the following:
- Hidden dangers on the property
- Faulty equipment
- Special cases for livestock shows
- Intentional harm
- Reckless or dangerous behavior
- Improper participant screening
What Sort of Compensation Can You Potentially Recover in a Ranch or Farm Accident Case?
With a well-argued case, injured ranchers and farmers can seek financial compensation from negligent parties by filing a personal injury claim against the accused.
Potential damages that could be recovered in a personal injury case include the following:
- Past medical bills and future medical expenses
- Lost wages and lost income earning capacity
- Property damage
- Physical pain and suffering
- Mental anguish
- Funeral and burial costs
- Disfigurement, dismemberment, or disability
- Wrongful death
Schedule a Free Consultation with Our Texas Personal Injury Attorneys Today
For legal assistance seeking justice and financial compensation from at-fault parties after a ranch or farming accident, it is strongly recommended that you retain professional legal representation from experienced personal injury lawyers. Our law firm has extensive experience representing the interests of injured victims. We would proudly represent your legal rights as you pursue maximum compensation for your personal injury claim.
Our legal team operates on a contingency fee basis for personal injury cases, meaning we charge no fee if we don’t win a settlement for your case.
To learn more about our legal services and how we may assist you during this difficult time, please get in touch with our Texas law firm to schedule your free consultation today. You can reach us at 713-999-6549.
