Compensation for Fatal Farm Accidents in Illinois

Experienced Chicago-Based Lawyers Handling Fatal Cases in the Agriculture Industry

Fatal farm accidents not only leave family members grieving but also lead to high expenses. If a loved one suffered fatal injuries on a DeKalb farm or was killed while working with farm animals near Chicago, IL Work Injury Lawyer will fight insurance companies for fair compensation. Contact us today for a compassionate, free consultation. 

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

$8,400,000: Ryan suffered fatal injuries after a fall from a barn. We demonstrated that the farm owners had not implemented proper safety practices, such as a fall protection system.

$4,000,000: Jose was a passenger in a farm truck transporting equipment to the job site when the vehicle was struck head-on. We demonstrated that these were job-related injuries and forced the farm operators to compensate his family. 

$3,850,000: Tyler, a 19-year-old worker, was fatally injured when a tractor overturned in his work area. Our skilled attorneys demonstrated that the machinery had not been properly serviced, which led to it flipping on uneven terrain. 

Why Hire IL Work Injury Lawyer

Our top-rated farm accident attorneys in Chicago have a flawless 10/10 AVVO rating and are members of the Million Dollar Advocates Forum, a distinction earned through million-dollar settlements for grieving families. 

In addition to our membership in the Illinois Trial Lawyers Association, we are also members of the American Association for Justice, which demonstrates our commitment to ongoing scholarship in the legal field. 

We have successfully litigated over 5,000 cases, including those against massive ag businesses and their insurers. IL Work Injury Lawyer has one of the highest success rates in the industry, ensuring that our clients have access to world-class legal representation with no out-of-pocket legal fees. 

Types of Wrongful Death Farm Injury Cases We Handle

Types of accidents on farms that we handle include:

• Tractor rollovers and runovers
• Farm equipment crush injuries
• Suffocation or entrapment in grain bins
• Falls from siloes, ladders, barn roofs, and aerial lifts
• Fatal livestock attacks or trampling
• Struck-by accidents involving vehicles or equipment
• Fatal exposure to pesticides, herbicides, and fertilizers
• Methane or ammonia gas leaks and suffocation
• Fatal heatstroke, dehydration, and sunstroke

What Causes Fatal Injuries in the Farming Industry?

Though the agriculture industry has implemented safety measures, fatal injuries still occur with regularity due to the heavy machinery and dangerous animals involved. Common causes of serious injuries include:

• Untrained equipment operators
• Lack of training or adherence to OSHA safety standards
• Lack of fall protection when working at height, such as on a roof
• Entering enclosed areas, like grain siloes, without a spotter
• Improperly maintained machinery
• Older equipment that lacks modern safety features
• Overturned vehicles, like tractors, on untilled or uneven ground
• Lack of PPE and fall protection
• Toxic chemical exposure, including methane gas and pesticides
• Uncontrolled animals and a lack of barriers
• Lack of access to water, shade, and hygiene facilities

What Damages Can Farm Workers’ Families Recover in Fatal Cases?

We aggressively negotiate to ensure that your settlement covers both economic and non-economic damages. This can include:

• Funeral and burial expenses
• Final medical bills
• Lost income and loss of financial support
• Emotional distress
• Loss of companionship and consortium
• Loss of parental guidance for surviving children

According to Lebron v. Gottlieb Memorial Hospital, there is no cap on non-economic damages, such as grief and loss of companionship. If a worker suffered fatal injuries due to gross negligence, a jury may also award punitive damages. 

What Is the Average Payout for Fatal Injuries on Farms?

According to Law.com, the average payout is $2,915,289, with verdicts and settlements ranging between $991,099 and $6,500,000. However, your farm injury settlement will depend on factors such as the number of dependents, the age and occupation of the victim, liability, the cost of damages, and the availability of insurance.

Example Cases

Tabitha Carroll was a passenger in her husband’s pickup truck when they were struck by a semi-truck owned by Geils Farms. She suffered blunt force trauma and died shortly after. Her husband, the driver, also suffered multiple broken bones that required surgery. They settled with the farm for $6,500,000.00. 

Matthew Miller was a high school senior driving his Ford Mustang in Effingham, IL, when he was hit by a 20,000-pound terrogator, which is used to spray chemicals on fields. He sustained massive head trauma, though an expert for the plaintiff suggested he would have been in severe pain for up to 10 minutes before passing. A verdict was awarded to his family in the amount of $3,020,057.00.

Why You Need a Lawyer for Fatal Injury Farm Accident Cases

Fatal injuries on farms are complicated because there are often multiple liable parties, such as property owners and equipment manufacturers. Any case involving catastrophic injuries will be more complex as we work to evaluate damages. 

Some agricultural workers are excluded from workers’ compensation, meaning that we must determine what legal processes your family can use to secure a settlement. 

Liability in farm accidents is often unclear. We must research the applicable safety standards and determine the exact cause of the accident before initiating negotiations. Thankfully, our attorneys are highly familiar with all agricultural regulations and will fight diligently to prove negligence, allowing your family to focus on healing. 

Finally, some agricultural workers are migrant, seasonal, or undocumented, which employers may use to restrict benefits or refuse to negotiate. Our skilled attorneys will protect you from baseless legal claims and ensure you are treated fairly by all parties, including insurance companies and the Illinois court system. 

How Common Are Agricultural Worker Fatalities in Illinois?

National statistics demonstrate that farming is one of the most dangerous industries in the United States. In 2022, the Bureau of Labor Statistics reported 18.6 deaths per 100,000 full-time workers nationwide. The average rate across all industries is just 3.7 fatalities per 100,000 full-time workers. Falls are one of the leading causes of farming-related injuries, followed by transportation accidents. 

Thanks to Illinois’s high crop production, the state has an even higher risk than other states. The farm work fatality data show 21.3 deaths per 100,000 full-time workers, above the national average. 

The University of Illinois at Chicago found that approximately 4,500 farmers die every year in the state. This is even higher than estimates provided by the Bureau of Labor Statistics, as the department does not have access to every data source. 

Where Do Most Farming Accident Fatalities Occur in Illinois?

Common locations of fatal injuries at Illinois farms include:

• Aurora orchards and hobby farms
• Effingham feedlots or cattle pens
• DeKalb cornfields and soybean processing centers
• County roads near Huntley in Kane County
• Living history farms with antique machinery, such as those in West Chicago and St. Charles
• East Dubuque dairy farms
• Belleville pumpkin farms

What Laws Govern Agricultural Industry Wrongful Death Cases in Illinois?

Illinois farms with fewer than 400 working days per quarter in a calendar year are exempt from having workers’ compensation insurance, which can complicate the claims process for next of kin (820 ILCS 305). 

If the company does have insurance, you can claim survivorship benefits for 25 years or up to $500,000, whichever is larger. You will not be able to sue the employer for additional compensation. However, you can file a claim against other potentially liable parties for negligence, premises liability, or product liability.

For a third-party wrongful death claim, you have two years to file and must demonstrate negligence, such as failing to provide workers with fall protection systems (740 ILCS 180/). You may also sue a property owner for failing to maintain safe premises for agricultural workers, also within two years (740 ILCS 130/2). 

Finally, manufacturers can be held liable for faulty or dangerous equipment (735 ILCS 5/2-21). It’s possible to sue more than one party using the Illinois Joint Tortfeasor Contribution Act, in which each party will be allocated a portion of blame (740 ILCS 100/). 

Who Can Be Held Liable for Agricultural Worker Fatalities?

Potential defendants in these claims can include the following:

• Farm employers, if claiming workers’ comp
• Parts or product manufacturers, such as combines and tractors
• Pesticide or chemical manufacturers and suppliers
• Property owners and landlords
• Contractors and on-site vendors, such as for construction accidents
• Maintenance and safety inspection companies
• Coworkers and operators working for other companies

Common Defenses in Illinois Fatal Injury Lawsuits

Insurance companies and big businesses will do everything possible to reduce your compensation and protect their bottom line. Thankfully, our attorneys are skilled in countering these common defenses and ensuring you the best possible chance of success. 

Comparative Fault: As Illinois employs modified comparative negligence, this defense attempts to assign blame to the victim as the primary agent in the accident (735 ILCS 5/2-1116). We can use site conditions, surveillance footage (if available), and OSHA citations to prove this is false.

Product Misuse: Manufacturers will argue that the product wasn’t used properly or was altered after sale. Safety experts and manufacturer specifications can demonstrate that the product was used correctly.

All Regulations Followed: Farm owners may claim that they provided all personal protective equipment and followed all safety standards. Coroner’s reports, photos of the accident scene, and expert testimony will prove that the owner was negligent.

No Prior Violations: Owners may point to a lack of prior citations to suggest this was a freak accident. However, just because a violation wasn’t reported, it doesn’t mean it didn’t exist. We will consult with other workers and professionals to identify examples of unsafe work practices.

Victim Was Unauthorized. When workers sustain fatal injuries while working, the employer will argue that they were unauthorized to perform the task or did not perform it appropriately. Work logs and coworker testimony can demonstrate that the victim was performing their assigned duties.

No Prior Notice: In premises liability, property owners must be aware of the problem to be held accountable, or they could reasonably be expected to know. The defendant could argue that they were never told about the problem. This can be disproven using incident reports, business records, and prior citations.

How to Strengthen a Farming Accident Case Involving Fatality

If your loved one was fatally injured in a farm accident, you must act quickly to preserve evidence and ensure a strong case. Follow these steps as soon as possible.

• Save medical records, coroner’s reports, and employment records.
• Request OSHA and site inspection reports.
• Take photos of the accident scene and get contact information for any witnesses.
• Preserve equipment, footwear, and clothing if possible.
• Do not speak to insurance companies or sign any agreements before speaking to an attorney.
• Contact a farm accident lawyer for a free consultation.

How an Experienced Attorney Can Help

Our attorneys will handle everything for your family so that you can focus on healing. We provide the following services:

• Coordinating workers’ compensation (if applicable) and third-party claims.
• Investigating the scene and preserving evidence, such as maintenance reports and surveillance footage.
• Determining the liability of all potential defendants and evaluating your damages.
• Handling insurance and third-party communications on your behalf.
• Interviewing witnesses and retaining safety experts who can understand the cause of the accident.
• Preparing and filing complaints with the appropriate courts, such as the Circuit Court of Cook County or Kane County.
• Aggressively negotiating favorable settlements from agriculture companies.
• If negotiations fail to provide a favorable outcome, we will prepare a case for trial and represent you in court.

We deduct our lawyer’s fees from your settlement, called a contingency fee. This means you do not have to pay anything upfront. While protecting your privacy, we will also keep you informed about your case and direct you to resources that can assist you during this challenging time. 

FAQ

How much does a farm injury lawyer cost in Illinois?

We work on a contingency fee basis, meaning you owe us nothing unless we win your case.

Who can file a wrongful death lawsuit in Illinois?

The next of kin can file a lawsuit (740 ILCS 180/). Depending on surviving relatives, this could be a spouse, child, parent, sibling, or executor of the deceased’s estate.

Can I file a wrongful death lawsuit if my loved one was receiving workers’ comp?

Yes, if you are suing someone other than the employer. Workers’ compensation is designed to be the primary means of redress for work-related injuries. 

Book a Free Consultation

Fatal injuries on farms are devastating to the surviving families of agricultural workers, and those responsible should be held accountable for their actions. We work on a contingency fee basis, meaning you owe us nothing unless we secure a favorable outcome. Let us fight for your rights while you focus on healing. Contact the best Illinois work accident attorneys today for a supportive, complimentary consultation about your legal options.