Chicago Farm Accident Lawyer

Compensation for Farm Accident Injuries in Illinois

A Chicago farm accident lawyer from our team can help protect your legal rights and push for fair compensation after a life-altering work-related injury. Contact us today for a free consultation about your legal options.

Farm Accident Settlements Recovered by Our Chicago Law Firm

• $8,400,000: John sued for failure to provide safety equipment after falling from the roof of a barn.
• $7,000,000: While operating a tiller machine, Susan’s arm was entangled in the machine, and she required an amputation. We recovered this personal injury claim from the manufacturer for failure to provide proper safeguards.
• $4,200,000: A group of farm workers were exposed to ammonia and other chemicals at a farm, resulting in serious injuries to their respiratory tracts.

Why We Are the Best Farm Accident Attorneys for Your Case

Our Super Lawyers® rated firm offers nationally recognized legal representation to farm accident victims and their families. With a 10/10 AVVO rating and an A+ record with the Better Business Bureau, we have successfully litigated over 5,000 personal injury claims and secured over $490 million on behalf of our clients.

Types of Farm Accident Cases We Handle

We can assist with a wide variety of claims, including:

• Tractor and Heavy Equipment Accidents
• Grain Bin and Silo Incidents
• PTO Entanglement Cases
• Livestock-Related Incidents
• ATV and Utility Vehicle Collisions
• Chemical Exposure Cases
• Burn Injury Cases
• Heat-Related Illness and Dehydration
• Falls on Agricultural Property
• Barn and Structure Collapses
• Electrical Hazard Incidents
• Defective Agricultural Equipment Cases
• Fatal Farm Accidents
• Third-Party Contractor Negligence

What Are the Most Common Causes of Farm Accidents in Illinois?

Though the farming industry is a crucial element of the American workforce, farm workers are at serious risk of devastating injuries, such as broken bones, traumatic brain injuries, and paralysis. The most common causes of farm accidents that our law firm sees include the following:

• Lack of Safety Training
• Failure to Maintain Equipment
• Missing Safety Guards or Shields
• Improper Storage of Chemicals
• Overexertion and Extreme Heat
• Cluttered or Unstable Work Areas
• Negligent Supervision
• Lack of Personal Protective Equipment (PPE)
• Unmarked Power Lines and Electrical Hazards
• Unsafe Animal Handling Practices
• Overloaded or Unsecured Loads
• Mechanical Malfunctions During Use

OSHA Agricultural Operations Standards

The Occupational Safety and Health Administration provides standards for agricultural workers, ensuring that they are safe from serious farm accident injuries. These standards include:

• Installing rollover protection on tractors and other heavy machinery to prevent fatal farm accidents
• Providing adequate water, sanitation facilities, and shade for farm workers
• Properly storing ammonia and other fertilizers to avoid chemical explosions or burns

The Code of Federal Regulations also offers guidelines to avoid farm accident injuries, such as not spraying pesticides with other farm workers present. When workplace accidents result from ignoring these regulations, you may be eligible for a personal injury lawsuit.

What Are the Most Common Injuries Sustained by Farm Workers?

Agricultural workers may suffer serious injuries due to farm accidents, as these types of incidents often involve heavy machinery or large livestock. Some common farm accident injuries include the following:

• Amputations
• Crush Injuries
• Fractures and Broken Bones
• Traumatic Brain Injuries (TBI)
• Spinal Cord Injuries
• Burns
• Lacerations and Deep Cuts
• Respiratory Injuries and Illness
• Heat Stroke and Dehydration
• Eye Injuries
• Wrongful Death

What Legal Options Do Illinois Farmers Have Following an Accident?

Workers’ Compensation Claims

The Illinois Workers’ Compensation Act allows injured farm workers to receive compensation from their employer’s insurance company (820 ILCS 305/1). This is a no-fault system, meaning that you can be responsible for the farm injury and still receive payments.

Personal Injury Claims

Using the workers’ comp claim system typically means you do not have a legal right to sue the farm. If someone other than your employer was responsible for your farm accident injuries, you can pursue a third-party liability claim. Potential defendants in farm accident lawsuits include other agricultural workers, farm visitors, independent contractors, and property owners.

Product Liability Claims

Some farm-related injuries are due to defective or poorly designed equipment. In this instance, you can sue the manufacturer for compensation.

Wrongful Death Claims

Families of deceased farm workers can work with our farm accident injury lawyers to receive compensation from employers, manufacturers, and third parties.

What Damages Can Farm Accident Victims Recover?

Our farm accident attorneys will help you pursue maximum compensation from a workers’ comp claim or personal injury lawsuit. The types of damages you can receive will depend on what type of claim you file.

Workers’ comp will cover lost wages, medical expenses, and vocational rehabilitation if necessary. However, a personal injury lawsuit can provide additional damages, such as pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, and loss of companionship.

What Is the Average Farm Accident Settlement?

The average farm accident injury settlement is $266,512. However, actual settlements vary significantly depending on factors like the severity of your injuries, available insurance, and the strength of your evidence. By working with an experienced farm accident attorney, you can give yourself the best possible chance of fair compensation.

Example Farm Accident Cases in Illinois

In one case, the family of an 18-year-old was awarded $3,020,057 after the teen’s car was struck by a 20,000-pound terrogator. Another worker was awarded $1,000,000 after he suffered crush injuries while harvesting soybeans, resulting in an amputation.

Why You Need a Farm Accident Lawyer

These cases are more complicated because farm accident injuries can be very severe, making it more difficult to evaluate damages. Additionally, insurance agencies will fight hard to avoid paying the high sums that farm workers are entitled to. Our farm accident attorneys aggressively negotiate on behalf of our clients to ensure they receive the highest possible settlement.

How Common Are Farm Accidents in Illinois?

Illinois’s farm workers face the highest risks of any industry, a rate of 21.3 deaths per 100,000 workers. The University of Illinois-Chicago estimates that there are 4,500 farm-related injuries in the state every year, which is four times higher than farm accident statistics released by the Bureau of Labor Statistics.

Where Do Farm Accidents Occur Most Often in Illinois?

• State and County Roads: Tractors might roll over or be struck by a passenger vehicle.
• Grain Silos: Farm workers are at risk of entrapment if they enter a grain silo.
• Feed Lots: Cows, pigs, and other livestock can cause serious injuries to farm workers if mishandled.
• Greenhouses: Employers like Gethesmane Garden Center must take care when spraying pesticides or fertilizers, as these can lead to respiratory diseases.
• Equipment Rooms: Farm workers attempting to fix equipment may become entangled in machinery.
• Barns and Stables: Large, aggressive animals may kill or seriously harm workers.

What Illinois Laws Govern Farming Accident Claims?

In Illinois, farms are required to provide workers’ comp benefits if they average more than 400 working days in a quarter (820 ILCS 305/1). Regardless of the farm’s size, it can be held liable if it fails to follow the law. For example, the Illinois Field Sanitation Act requires companies to ensure that workers have access to clean water (210 ILCS 105/1).

How Long Do I Have to File a Farm Accident Lawsuit in Illinois?

If you are pursuing a personal injury claim, you have two years after the date of the accident to file (735 ILCS 5/13-212), while workers’ comp claim provides three years to file (820 ILCS 305/1). It’s crucial that you speak to an attorney as soon as possible, as this ensures we have adequate time to prepare your case.

Who Is Legally Liable for Farming Accidents?

• Farms: The company itself may provide workers’ comp claims to cover medical treatment and lost income.
• Other Farm Workers: Our farm injury lawyers can hold fellow workers liable for accidents.
• Manufacturers: Malfunctioning equipment could lead to a product liability claim.
• Contractors: Temp workers, independent contractors, and third-party vendors may be responsible for your injuries.

Common Defenses in Illinois Farming Accident Cases

A farm accident case may include defenses such as insisting that you were the primary cause of your injuries or that the farm does not have a duty to protect you.

However, there is also the “Right to Farm” act, intended to protect farms from spurious lawsuits, but which may also be used to shield them from legitimate claims. Thanks to our years of experience in agricultural litigation, we will ensure that defendants cannot use this law to protect themselves from liability.

How to Strengthen Your Farm Accident Case

• Get Immediate Medical Attention: As farm injuries can be extremely severe, you should head to the emergency room as soon as possible.
• Report the Injury: Tell the farm superintendent of your injuries so that they can begin the workers’ comp claim process.
• Collect Evidence: Take pictures of the accident scene and of your injuries. Keep track of your expenses and collect witness statements.
• Do Not Speak to Third Parties: Never speak to insurance without your attorney present.
• Call Our Personal Injury Attorneys as Soon as Possible: Call us today for a free consultation about your legal options.

How an Illinois Farming Injury Lawyer Can Help

• Evaluate Your Damages: We can use case precedent to craft a fair demand letter.
• Manage Communications: Our team will speak to all third parties, including insurance agents, on your behalf.
• Gather Evidence: Using our extensive resources, we’ll collect expert testimony, medical records, maintenance records, and private communications.
• Negotiate With Insurance Companies: We will push for the highest possible settlement based on your injuries.
• Trial Representation: Many cases settle out of court, but if necessary, we’ll file a lawsuit and present you at trial.

Illinois Farm Accident FAQs

Consult an Illinois Farming Injury Attorney Near You!

Our top-rated law firm fights for injured farm workers on a contingency fee basis, meaning you owe us nothing unless we win. Contact us to schedule your free consultation.