Our Columbus Agricultural Accident Lawyer Helps Injured Farmers and Other Workers Obtain Benefits
Agricultural workers face numerous hazards every day. Despite considerable efforts to the contrary, accidents still happen – accidents that can leave workers unable to earn a living. When that happens, many workers aren’t sure what to do or where to turn. If you have been injured in an agricultural accident, a Columbus agricultural accident attorney can get you the compensation you need so that you can focus on getting back to work.
Are Agricultural Workers Entitled to Worker’s Compensation in Ohio?
The Ohio Bureau of Workers’ Compensation mandates that all employers with one or more employees must carry workers’ compensation insurance. Only family-owned and operated farms may exempt themselves from coverage, and only if they have no employees other than family members. As a result, if you have been injured on the job in the agricultural industry, you are likely entitled to workers’ compensation benefits.
That said, just because farms and other agricultural organizations are required to carry workers’ compensation insurance, it doesn’t mean they actually do. Many farms survive by cutting costs, and workers’ compensation insurance is often one of the costs that get cut. If you have been injured on the job and your employer is telling you to file a claim with your health insurance, you should contact a Columbus agricultural accident attorney as soon as possible.
Types of Agricultural Injuries That Qualify for Workers’ Compensation
You are entitled to workers’ compensation benefits any time that you are injured in a work-related accident provided that you meet the following criteria:
- You are unable to work as a result of your injury; and
- You were acting within the scope of your employment when you were injured.
Because of the nature of agricultural work, “scope of employment” can sometimes be difficult to determine. If your employer is claiming that you were acting outside the scope of your employment, you should contact a Columbus agricultural accident attorney as soon as possible.
Workers are routinely awarded workers compensation for the following work injuries as a result of agricultural accidents:
- Injuries caused by livestock
- Injuries caused by agricultural equipment or heavy machinery
- Falling injuries
- Suffocation as a result of being trapped in grain silos or bins
- Injuries or illnesses caused by pesticides
- Vehicle accidents
If you were injured while on the job and are now unable to work, a Columbus agricultural accident lawyer can help you get the compensation you need to pay your bills and take care of your family.
Is There Third Party Liability?
In most agricultural accidents, the injured worker pursues a workers compensation claim – they don’t need to prove that their employer was negligent or otherwise at fault, and they can get their benefits relatively quickly. However, in some cases, there may be someone other than the worker’s employer who is responsible for your accident. For example:
- You are injured by an independent contractor hired by your employer
- You were injured in a work-related vehicle accident off the farm and caused by a negligent driver
- Your injury was caused by defective equipment or a dangerous product
These cases can be complicated and have some unique considerations. If someone other than your employer may be at fault for your injuries, you should discuss your case with a Columbus agricultural accident lawyer before deciding how to proceed.
Talk to a Columbus Agricultural Accident Attorney at Malek & Malek Today
The Malek & Malek Law Firm has been helping injured agricultural workers get back on their feet since 1972. We have the skills, knowledge, and experience you and your family need. To schedule a free consultation to discuss your case, call us today at 614-444-7440 or send us an email to learn more about how we can help you.