Tractor Accident Injury Claims
The most common accidents on a farm relate to tractors and vehicles.
The law is based on the Workplace (Health Safety and Welfare) Regulations 1992 and also the Provision and Use of Work Equipment Regulations 1998. These state that vehicles should be able to move around a farm safely, the vehicles need to be properly maintained and the operators need to be properly trained.
A tractor accident injury on a farm can occur when vehicles are moved and overturned but can also when a vehicle is not properly secured when it is meant to be stationary. Often the reason why the accident occurs is because the vehicle has not been properly maintained.
The Health and Safety Executive advise that farm owners should take the following steps to maintain vehicles and avoid tractor accident injuries:
- Check them daily- particularly in relation to braking systems
- Rectify any defects immediately
- Make sure they are fitted with roll-over protective structures (ROPS) and seatbelts if there is a risk of overturning.
- Ensure that loads are safe and that drivers are properly trained.
Regarding Tractors that do not have roll over protection you can only use these in low risk situations or where specific exemptions exist in the rules. And like other motor vehicles if seat belts are fitted the employer has a responsibility to ensure that they are used.
If you have had an tractor accident on a farm you need specialist independent legal advice as soon as possible after the incident has occured as it is a specialist claim and as the farmer will be represented by his insurer if necessary the employee will almost certainly not. You need to make sure that not only you claim when you are entitled by also that you get the full amount that you are entitled to.
What will I be entitled to if the tractor accident on a farm claim is successful?
As well as recovering compensation for the injury itself you are entitled to claim for all financial losses that may result from the tractor accident. This can include any loss of earnings and cost of care and housework during the period of recovery.
Will I have to pay for my claim?
No. We will bring the claim using a No Win No Fee Agreement.
We will ensure that from the start you speak to a properly qualified Solicitor do everything possible to make the process of claiming as simple and efficient as possible and ensure that you obtain the maximum amount that you are entitled to for your tractor accident on a farm.