Workers’ Compensation for Farm Workers in Illinois

Workers’ compensation for farm workers can be challenging, as some agricultural workers are excluded from workers’ compensation laws in Illinois, even though it is one of the most dangerous industries. Our award-winning farming accident attorneys in Chicago fight to ensure that farm employees and their family members receive fair compensation. Contact us today for a free consultation.

Are Agricultural Workers Covered Under the Illinois Workers’ Compensation Law?

While fourteen states require employers to carry workers’ compensation insurance for agricultural workers, Illinois is one of the twenty-one states that provide exceptions for some farm employers. 

In Illinois, agricultural employers with fewer than 400 working days per quarter in a calendar year are not required to provide workers’ compensation insurance for employees (820 ILCS 305/3). This limited coverage disproportionally affects seasonal, part-time, and migrant employees. Fifteen states do not require coverage for any agricultural workers, no matter how they were injured. 

What Benefits Are Available in the Agricultural Industry?

Many agricultural employers are still required to provide workers’ comp for regular employees and their family members, while others have limited coverage or purchase workers’ compensation insurance despite not being required to by agricultural law. 

Additionally, some farm employers will add farm liability insurance, which can also provide liability coverage for agricultural workers. Unlike workers’ compensation, liability insurance requires you to prove negligence.

What If Your Employer Doesn’t Have Workers’ Compensation Coverage

Workers’ compensation’s purpose is to cover medical expenses and a portion of lost wages. It is a no-fault system, meaning it does not matter who was responsible. 

Agricultural business employers must provide this insurance coverage only if they had more than 400 working days per quarter in the previous year. If workers’ comp doesn’t apply to you, then you may file a third-party farm accident lawsuit. 

Personal injury lawsuits require that you demonstrate the other party was primarily responsible for the accident. Illinois uses modified comparative negligence (735 ILCS 5/2-1116), meaning that you can sue as long as you were not more than 50% responsible. 

However, your compensation will be reduced by your percentage of blame. For example, if you were considered 25% liable for the accident, then you would receive 25% less than if you were entirely blameless. Our attorneys will ensure that blame is distributed fairly and you are not blamed for more than your fair share of the accident.

You may pursue a claim for a variety of negligent acts, including:

• Exposure to chemical pesticides without proper safety equipment
• Malfunctioning or hazardous equipment, like grain combines
• Unsafe work conditions, such as employers asking you to perform a job you are not qualified for
• Noncompliance with agricultural industry standards and OSHA regulations

Injured workers can receive compensation for medical expenses, future medical treatment, full lost wages, pain and suffering, and emotional distress. In many cases, this offers more compensation than is possible through a workers’ compensation claim. 

Third-Party Lawsuits for Farm Work-Related Injuries

Even if you file with your employer’s insurance, you may still be able to pursue compensation from other parties, including:

• Equipment and tractor manufacturers for defective equipment
• Chemical companies for toxic exposure
• Your employer’s spouse, family, or invited guests, if they contributed to the accident
• Other agricultural workers, visitors, and outside contractors
• Delivery drivers, transport companies, and maintenance crews
• The property owner, if the property is leased

Illinois allows you to pursue a case against multiple parties under the Joint Tortfeasor Contribution Act (740 ILCS 100/2). Each party will be assigned a portion of blame, and once a verdict has been entered, they will be required to pay their allotted portion of that farm accident settlement or verdict. 

How an Illinois Workers’ Comp Attorney Can Help

Our top-rated attorneys will guide you through every aspect of your case, including:

• Determining whether the employer should have been providing workers’ compensation based on the average work days per quarter. 
• Filing cases and appealing workers’ compensation denials, if relevant.
• Preserving evidence like maintenance records, surveillance footage, previous OSHA violations, and work logs.
• Identifying possible third-party liability, such as manufacturers and third-party contractors.
• Coordinating with all other parties in the suit and communicating with third parties on your behalf.
• Working with agricultural industry experts and doctors to identify accident causes.
• Evaluating your damages based on your injuries, available evidence, and liability.
• Aggressively negotiating with insurance companies to maximize your compensation.
• Filing lawsuits with the Circuit Court of Cook County or other court systems if negotiations fail.

We serve clients throughout Illinois, from small hobby operations near metropolitan Chicago to large agriculture operations in southern Illinois. 

With our services, you can be assured of affordable and high-quality legal representation attuned to the unique needs of agricultural workers. We also understand the challenges that part-time, seasonal, and migrant workers face after being injured and will ensure that you are treated fairly by the court system. 

Explore Your Legal Options on Time

You must act quickly if you’ve been hurt while performing agricultural work. A personal injury lawsuit has a statute of limitations of just two years (735 ILCS 5/13-202). Additionally, you can only file for workers’ compensation within three years of the accident or two years after your last payment from the employer, whichever is later (820 ILCS 305/6). 

Our work accident attorneys in Chicago are passionate about helping agricultural workers obtain fair compensation after a work-related accident. We work on a contingency fee basis, meaning you owe us nothing unless we win your case. With a 98% success rate and 100 years of combined legal experience, we are considered the best personal injury firm in Illinois for agricultural accidents.

Contact us today to schedule a free, no-obligation legal consultation with a nationally recognized attorney.