Omaha Farm Equipment Injury Attorney
Agriculture is an important part of the culture and economy of the American Midwest, a way of life to be valued and preserved. Should a legal issue arise for you, you need an agricultural lawyer on your side who has extensive knowledge of the industry and who understands the nuances that agricultural law involves.
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Farming sounds idyllic to some people, but it is dangerous work with a lot of potential for injury. Farmers use heavy machinery such as tractors on a regular basis, and these machines can crush limbs and even cause traumatic amputation when things go wrong. Although the workers operating heavy machinery are generally trained and experienced, accidents still take place from time to time. When they do, you may be able to apply for workers’ comp or file a personal injury claim to recover compensation.
If you were injured by farm equipment, the first thing you should do is speak to an experienced Nebraska farm injury attorney. Our attorney at Bottlinger Law L.L.C. will meet with you to go over your options. Give us a call at (402) 505-8234 to discuss your case during your FREE consultation.
The American food industry depends on the products grown and raised on farms and ranches. Many big farms require thousands of workers to operate them and produce enough goods to meet demand. And farming is not an easy industry to be in. It requires a lot of physical labor as well as exposure to hazardous machines, vehicles, and animals on a regular basis. It also includes working in difficult weather conditions and on potentially dangerous terrains.
There are many ways for farm laborers to get hurt, such as:
- Tractor and vehicle accidents (collisions, rollovers, running over, backing up)
- Animal attacks
- Electric shock
- Toxic gas exposure
- Being struck by or caught in machinery
- Falling objects
After sustaining a workplace injury, you will want to speak with a lawyer about your rights. Let your supervisor know about your injury right away, if it isn’t apparent, and get medical treatment. The type of compensation you receive will depend on whether or not your employer has workers’ compensation insurance. If your workers’ comp claim is denied, an agriculture law attorney may be able to appeal the decision. In some cases, your lawyer may recommend filing a third-party personal injury claim on your behalf.
Any type of farm equipment with moving parts can be a hazard, including potato haulers, back-hoes, planters, cultivators, mowers, combines, brush hogs, harvesters, augers, and front-end loaders, but the following types of machines are particularly dangerous:
- A skid-steer loader is a vehicle or tractor that can be outfitted with attachments to perform common farm activities such a drilling and loading. It is essential for a skid-steer loader to have a secure guard to protect the driver, and the safest skid-steer loaders are designed to shut down automatically if the guard is removed.
- A corn-husker is an invaluable tool for husking and shelling ears of corn quickly and effectively, but they can become very dangerous when a worker gets pulled into the machinery, often causing severe bleeding, the loss of limb, or even death.
- Grain elevators, commonly referred to as silos, are used to store massive amounts of feed and grain. Loading silos involves trucks and other heavy machinery, which always creates a hazard. When a silo is loaded from the bottom, it generates strong suction at the top, and this can pull workers in and crush or suffocate them. The organic materials contained in a silo are flammable and they can also give off toxic fumes. If a silo is structurally unsound or improperly maintained it can collapse, crushing or even killing workers below.
Everybody knows that farm work is difficult and dangerous, but employers are still expected to take the necessary precautions to prevent these types of serious injuries:
- Severe burns
- Broken bones and dislocations
- Soft tissue injuries
- Spinal cord injuries
- Wrongful death
Farm and ranch owners as well as supervisors who fail to take the necessary precautions to protect their workers can be found negligent and held liable for farm equipment injuries. Workers need to be fully trained and provided with the necessary gear to safely use sophisticated farm machinery. Emergency preparedness is also important to protect workers from foreseeable danger.
A lot of farm equipment is old or poorly maintained and in need of repair, or it doesn’t have the proper type of safety features that farm workers require. If you have suffered a farm equipment injury caused by the negligence of your supervisors, it’s time to talk to a personal injury attorney.
A farm-related injury can leave you with a mountain of medical bills and missed time at work. Sometimes, a whole family is depending on the salary of a farm worker, so it’s even more important to get fair compensation after an injury. A farming injury can be permanently disabling, making it more difficult to find work and earn money in the future. And worst of all, not every farm accident is covered by workers’ compensation.
Insurance companies frequently offer farm accident victims a lowball settlement that doesn’t begin to cover your medical bills. That’s why your personal injury attorney will calculate the total cost of your medical treatment and other expenses resulting from your accident. This may include the following:
- Ambulance rides
- Hospital stays
- Doctor appointments
- Lost wages and reduced earning capacity
- Home repairs to accommodate a physical disability
- Pain and suffering
If you are not covered by workers’ comp, speak to our Omaha injury lawyer about filing a personal injury claim. Farm workers who are injured due to malfunctioning farm equipment, or because of a negligent act committed by an employer or coworker have the right to receive fair compensation. Don’t wait. Call Bottlinger Law L.L.C. at (402) 505-8234 today.
- OSHA and Your Rights on a Farm in Nebraska
- Four Dead in Three Months in Farm Accidents
- Tractor Accidents: Serious But Often Preventable
- Farming - USDA
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