Injured On A Farm
Farm work and crop production are more dangerous than most people realize. California farm workers face risk from farm accidents and long-term, health-related illnesses, including:
- Tractor and other machinery mishaps
- Upper and lower back strain from repetitive stooping to pick crops
- Wrist injuries
- Insect, snake and other wild animal bites
- Falls from ladders and into irrigation ditches
- Neurological problems from exposure to pesticides and chemicals
- Asthma from grain dust
In many cases, it can take years to diagnose job-related cancers, chronic pulmonary and circulatory diseases.
To decrease risks of heat-related illnesses, farmers in California have increasingly moved to harvesting during the cooler night-time hours, but this brings new injuries to contend with, including serious eye strain.
Our attorneys help clients recover compensation for medical bills, lost earning capacity, pain and suffering, mental harm, disfigurement, physical impairment, loss of companionship and other consequences of their injuries. We know that holding negligent farming enterprises, pesticide companies and tractor manufacturers accountable is a key element in helping our clients move on with their lives.
We are aggressive in the courtroom and have helped recover seven- and eight-figure jury verdicts and settlements for our clients, but the greatest reward is the victory achieved for our clients and their families.
Do You Have Farm-Related Injuries?
In California, agricultural workers are entitled to workers’ compensation, but not all farm labor contractors, large farms or family-run operations purchase the required insurance.
Many farm workers avoid filing workers’ compensation claims because they are afraid of getting fired. Others fear deportation.
It is illegal for your employer to punish you or fire you for having a job-related injury or illness, for filing a workers’ compensation claim, or for testifying in a co-worker’s compensation case. If we can prove that this happened, you may receive lost wages, job reinstatement, increased benefits and other compensation.
Filing a workers’ compensation claim may provide you with:
- Payment for permanent disability
- Vocational rehabilitation
- Supplemental job displacement benefits
- Death benefits
Sometimes agriculture workers do not file for workers’ compensation because they are undocumented, because of pressure from their co-workers or because they do not know about available benefits.
Compensation could be increased if it is proven that the employer knew about a dangerous condition and did nothing to prevent it.
We Can Help You Recover For Your Injuries
Agriculture employers are required to follow Occupational Safety and Health Administration (OSHA) regulations. When they fail to provide a safe working environment, and serious personal injury occurs, our attorneys at Butler Viadro, LLP, hold them accountable for noncompliance and failure to maintain a safe job site.
Your employer must maintain a safe environment for you to perform your job duties, and must provide you with proper safety gear and instructions on how to use equipment and how to perform your job safely. When this does not happen, it is often necessary to hire an experienced lawyer to help you get workers’ compensation benefits.
Our workers’ compensation specialist is certified by the California Board of Legal Specialization and can help you expedite your workers’ compensation claim. Other remedies may be available to provide additional benefits. Our experienced team at Butler Viadro, LLP, can review your circumstances to seek all compensation that may be appropriate to claim on your behalf.
You may be able to file multiple claims, for example, against the manufacturer of a pesticide or a farm equipment corporation for a faulty tractor part that caused your injury. We will pursue both workers’ compensation and personal injury claims on your behalf.
If your serious injury will keep you from returning to your job for at least one year, you may also file a Social Security Disability claim.
Our firm has the resources to work with you throughout the process. Call us in Oakland at 510-907-9577 or 888-353-2158 toll-free for a free consultation or email us the details of your case. We do not collect fees unless we get compensation for you.