Farming Accident Settlements in Illinois

IL Work Injury Lawyer is nationally recognized for our 98% success rate in agricultural injury settlements. Whether you suffered a serious injury in a Springfield farm accident or were hit by farm equipment at a Chicago urban garden, our experienced attorneys will guide you through the personal injury or workers’ compensation claims process. If you are seeking farming accident settlements in Illinois, we can help you understand your legal options and pursue compensation for your injuries. Contact us today for a free consultation.

What Is the Farming  Agricultural Accident Payout in Illinois?

The average payout for a farm accident in Illinois is $4,072,881. However, figures range from just $2,077 to $110,000,000. Your compensation will depend on factors such as liability, evidence, overall damages, and whether you experienced severe injuries. Every farm injury case is different, and past results do not guarantee a particular settlement or verdict.

Settlements Recovered by Our Chicago-Based Law Firm

$8,400,000: Tom fell from the roof of a barn, resulting in back and neck injuries. We demonstrated that these devastating consequences were due to a lack of safety measures, such as fall protection systems.

$7,000,000: Brian, a farmer, was servicing a tilling machine when it caught his arm, resulting in an amputation. We sued the equipment manufacturer after proving they were aware of the entanglement risk but refused to warn buyers.

$4,200,000: We represented a group of agricultural workers who suffered lung damage after prolonged exposure to dangerous pesticides. 

These results demonstrate the types of compensation recovered in serious agricultural injury cases, but they should not be interpreted as a prediction of your farming accident settlement in Illinois.

Why Choose Our Farm Accident Lawyers

With over 100 combined years of legal experience advocating for injured workers, IL Work Injury Lawyer has been honored with the Super Lawyers rating and a perfect 10/10 AVVO rating. 

We have earned over $490 million for our clients and are a member of the Illinois Trial Lawyers Association, thanks to our strong track record in court. With our team on your personal injury case, you have a higher chance of earning fair compensation from the applicable insurance company.  Our experience with farm accident claims includes injuries involving agricultural machinery, tractors, chemical exposure, falls, transportation accidents, and other workplace hazards.

What Types of Compensation Are Available Through Personal Injury Claims?

Farm accidents are unique in that many cases do not involve workers’ compensation, which is typically the primary form of payment for injured employees. We will review your eligibility for this insurance before pursuing third-party claims. Depending on the circumstances, an injured agricultural worker may have a workers’ compensation claim, a third-party personal injury claim, or both. Understanding which claims apply can affect the compensation available after a farm accident.

Workers’ Compensation Claim

The Illinois Workers’ Compensation Act enables injured workers to submit a claim to their employer’s insurance company for medical expenses and lost wages (820 ILCS 305). You can receive weekly wage payments calculated by the Illinois state average weekly wage (SAWW). Benefits depend on the duration of your absence from work.  Illinois workers’ compensation may also provide coverage for necessary medical treatment and other benefits available under the law.

This is a no-fault system, so you can be paid even if you were primarily responsible for the accident. All you must prove is that you were injured while fulfilling your obligations to your employer. For example, if you were in a truck crash while driving equipment from one field to another, this would apply. However, if you were in a car accident on your way to the farm, you would not be eligible for workers’ comp. 

Not all farm workers are eligible for workers’ compensation under Illinois law. For agricultural enterprises, Illinois law contains a specific coverage provision based on 400 working days of agricultural or aquacultural labor per quarter during the preceding calendar year, with statutory exclusions (820 ILCS 305/3). If this does not apply to you, we will seek a third-party injury claim instead.

Third-Party Lawsuit

A third-party lawsuit holds someone other than your employer accountable for the incident. One option is to pursue a premises liability case, which holds property owners responsible for accidents that occur on their property (740 ILCS 130/2). 

Product liability cases can hold equipment or product manufacturers liable for injuries or death that result from their products (735 ILCS 5/2-621). Common causes for product suits include malfunctioning equipment and chemical exposure. This may be particularly important in farm machinery accidents involving defective tractors, combines, tilling machines, or other agricultural equipment.

These types of claims allow you to recover non-economic damages as well as economic damages. These can include:

• Past, current, and future medical attention
• Lost wages and loss of future income
• Property damage
• Physical pain
• Emotional distress
• Disability or disfigurement
• Loss of enjoyment of life

Personal injury verdicts do not have a cap on non-economic damages as per the court case Lebron v. Gottlieb Memorial Hospital. This means that if your case goes to court, a jury can award whatever they feel is appropriate based on your serious injuries. 

Wrongful Death

If a loved one passes away after a farm accident, you can pursue a wrongful death case (740 ILCS 180/). Like third-party suits, you must demonstrate that the defendant was aware of the potential danger and failed to rectify it, resulting in the fatal injuries. You must also prove that the worker died as a direct result of the farm accident. A wrongful death claim may provide compensation for qualifying losses suffered by surviving family members.

You can recover damages for medical attention prior to death, burial and funeral expenses, grief, loss of companionship, loss of financial support, and loss of consortium. 

What Determines the Value of a Farm Injury?

The primary factor in determining compensation for personal injury claims is the overall cost, including time off work and medical care. Your lawyer will also advocate for non-economic damages, such as pain and emotional trauma, to be calculated in relation to your financial losses. These factors can play an important role when evaluating a farm accident settlement in Illinois.

Those who were permanently or temporarily disabled, or who experienced disfigurement, can also have this calculated as part of their agreement. 

The insurance company may attempt to minimize your payout if you have any preexisting conditions, arguing that the farm accident would not have occurred or your injuries would not have been as severe if you did not have underlying medical problems. 

A skilled lawyer from our firm will demonstrate that your injuries were not connected to this medical condition, or that the accident exacerbated a previously stable condition and resulted in greater pain than you would have otherwise experienced. 

How to Maximize Your Farm Accident Settlement in Illinois

Your actions after a farm accident play a key role in whether you secure compensation. Follow these steps as soon as possible. Taking these steps can also help preserve evidence relevant to a potential agricultural injury claim.

• Seek immediate medical care at the closest hospital, and follow all the doctor’s instructions throughout your recovery process.
• Report the accident to your employer and request a copy of the accident report. 
• Take photos of the accident scene. Focus on any hazardous conditions that may have contributed to the circumstances.
• Get witness information for anyone else who was present. 
• Preserve the clothing and footwear you were wearing at the time to demonstrate that they did not play a role in your injuries.
• Do not speak to an insurance adjuster or other third party without your attorney present.

Why You Need a Farm Injury Attorney

Farm accident cases pose unique challenges that require the expertise of a specialized lawyer. Not only can it be difficult to discern whether you are eligible for workers’ compensation, but there may be other parties who can be held accountable for negligence. An Illinois farm accident lawyer can investigate whether an employer, property owner, equipment manufacturer, maintenance company, motorist, or another third party may be liable.

Our team can seamlessly orchestrate both a workers’ insurance claim and additional claims, ensuring you can secure compensation from any liable party. We are also able to accurately assess your damages, including what future medical needs or diminished earning capacity you may face. 

What Are Common Causes of Farm Accidents Typically Leading to a Payout?

Common causes of farm accidents that may result in a successful injury claim include:

• Pesticide exposure resulting in lung damage or neurological damage
• Transportation accidents, including truck crashes, tractor runovers, and forklift rollovers
• Machinery entanglement, particularly combines and threshing equipment
• Falls from heights, including barns and siloes
• Gas exposure in grain bins, siloes, and other confined spaces
• Attacks by livestock, such as bulls, horses, sheep, and goats
• Repetitive stress injuries, particularly during harvest and planting seasons
• Heat exhaustion or heatstroke during the summer

These hazards can result in serious farm worker injuries, including traumatic brain injuries, spinal cord injuries, fractures, amputations, burns, respiratory injuries, and fatal injuries.

Who Is Legally Liable for Farm Accidents in Illinois?

To hold an individual or company responsible, you must prove that they had a responsibility to prevent harm and failed to do so. You must be able to connect your injuries to their breach of duty and demonstrate that you suffered financial losses as a result of their actions. 

Farmers: Farm employers are required to follow all applicable safety measures and can be held accountable if they fail to do so.

Property Owners: Some farmers lease their land, in which case the property owner can be held accountable for accidents on their land.

Third-Party Motorists: Many farm accidents involve collisions with other vehicles, especially on busy rural highways and country roads. The motorist could be responsible if they hit your vehicle.

Equipment Manufacturers: Farm equipment often weighs thousands of pounds and can cause fatal injuries. Manufacturers can be held liable if defective products cause injuries.

Maintenance Companies: Many farms utilize third-party service providers for their equipment. If machines are improperly repaired, they can pose a danger, and the maintenance company may be held responsible.

Independent Contractors: General contractors and subcontractors may be held responsible if their behavior on the farm causes an accident.

How a Chicago Farm Accident Lawyer Can Help

We will guide you through the entire legal process, including:

• Reviewing inspection reports, accident logs, maintenance records, and OSHA violations.
• Identifying whether you are eligible for workers’ compensation insurance based on the farm’s operations.
• Managing multiple claims, including third-party cases and workers’ comp. 
• Consulting with agricultural safety experts to understand how the accident occurred.
• Evaluating your damages, including non-economic damages like emotional trauma.
• Aggressively negotiating with insurance companies for fair compensation.
• If necessary, we will file a lawsuit in the applicable court system and represent you before a judge and jury.

Our attorneys can also investigate OSHA records, equipment maintenance history, accident reports, witness statements, medical records, and other evidence that may help establish liability and damages.

Frequently Asked Questions

Book a Free Consultation

The help of a skilled attorney can have a significant impact on whether you successfully secure compensation. We work on a contingency fee basis, meaning you owe us nothing unless we win your case. If you are pursuing farming accident settlements in Illinois, our team can review the circumstances of your injury, explain your potential claims, and discuss your legal options. Contact us today for a complimentary consultation and learn why we are considered the best work injury law firm in Illinois.

Legally Reviewed By
Attorney Jonathan Rosenfeld

Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.

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