- 25 May 2023
- •
- 2 min read
An Insight into Agricultural Personal Injury Claims
By its very nature, farming can be a dangerous business. The agricultural industry often involves the use of heavy machinery and other equipment. Much of the work is outside and can involve dealing with animals.
Agriculture was reported by the HSE as having the worst rate of worker fatal injury (per 100), in their 2021/22 study. The annual average rate over the 5 years prior to the study was around 21 times as high as the “all industry” rate.
As a result, it is perhaps unsurprising that people working or living in the agricultural sector can be injured in significant accidents.
Case Study
James Braund, specialist personal injury lawyer with Trethowans LLP, based at their Dorset Offices in Bournemouth and Poole, has recently concluded a claim arising out of an incident which took place at a farm in Dorset.
Mr G was working on a dairy farm in North Dorset in 2020, when he was tasked, with another employee to erect some fencing in a field on a hill. Unfortunately, while they were in the process of doing this, the other employee’s tractor started to roll down the hill, towards a track at the bottom of the hill which was the other side of a hedge. Mr G ran after the tractor in an attempt to try and stop it. Unfortunately, Mr G was injured during this chase and the tractor ended up running over his leg.
Mr G suffered significant injuries to his right leg, in the form of an open double fracture to his tibia and fibia. He also fractured his right shoulder and little finger. The incident also had a major psychological effect on Mr G, who suffered a flare up of alopecia due to the same.
Mr G instructed James to pursue a personal injury claim arising out of this incident. James undertook extensive investigations in this matter and the claim was put to the farm. Liability was denied throughout and the farm’s insurers also alleged that Mr G was at fault for chasing after the tractor (by way of contributory negligence).
James obtained Mr G’s medical records and obtained expert medical reports from various medical experts (including an expert orthopaedic lower limb surgeon, a psychiatrist and a dermatologist). It was identified that Mr G required further surgery on his leg. However, subject to this surgery, the prognosis was good.
On Mr G’s instructions, James engaged in settlement discussions with the farm’s insurers. Various offers to resolve the claim was made by both sides and ultimately James was able to resolve the claim with a significant 5-figure settlement for Mr G.
If you or a loved one require advice on a personal injury claim arising out of an agricultural incident, it is important that you approach a specialist personal injury lawyer who has experience of claims involving agriculture. Our specialist lawyers would be happy to speak to you on a no obligation basis. If you require advice please contact us on 0800 2800 421 or get in touch here.
