Tractor Accident Claims

Agriculture is one of the most hazardous industries to work in. Together with the construction sector, forestry and fishing, it accounts for the highest number of employees killed on the job each year. Accidents involving tractors are some of the most common causes of injuries to farm workers.

There are various types of farm tractor accidents, such as overturns, entanglements and collisions. These could cause fractures, head injuries, spinal cord trauma and amputations. In severe cases, a tractor accident on a farm can be fatal.

If your employer, a manufacturer or another party was responsible for your accident, you might be entitled to compensation. To find out whether you have a valid tractor accident claim, call 0800 470 0474 or request a call back for a free consultation with a legal adviser.

Find out if you can claim

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Can I make a tractor accident claim?
• What do I need to make a tractor accident claim?
• What could cause a tractor accident on a farm?
• What injuries could lead to a tractor accident compensation claim?
• Can I claim for a tractor accident on a public road?
• Workplace health and safety legislation for farm workers
• Frequently asked questions
• Could I lose my job if I claim tractor accident compensation?
• How long do I have to claim compensation?
• How much could I receive for a farm tractor accident?
• Could I make a tractor injury claim on behalf of a loved one?
• Can I make a tractor claim using No Win No Fee?

Can I make a tractor accident claim?

If you suffered injuries due to a tractor accident on a farm or public road, you might be eligible for compensation. The easiest way to find out without a doubt is by requesting a free consultation with an experienced legal adviser. They will ask you a few questions over the phone to determine whether:

• Another party owed you a duty of care to protect your safety
• They have breached this duty by acting negligently
• Their negligence led to a farm tractor accident
• You suffered injuries and other potential losses as a result

There are two main types of tractor accident compensation claims:

• Tractor operators and other workers injured on the job can sue their employer for negligence under the Health and Safety at Work etc. Act 1974;
• A road user or the tractor driver can claim under the Road Traffic Act 1988 if they were involved in a road traffic accident due to the other party’s negligence. In this case, the vehicle owner’s insurance company will pay the tractor accident compensation.

If you have a valid tractor accident claim, you will be paired with a solicitor who is right for you. They will guide you through the claims process, providing support and advice at every step.

What do I need to make a tractor accident claim?

If you want to make a tractor injury claim, you need evidence to show how your accident occurred, who might be at fault, the injuries you sustained, and their impact on your life. To help prove negligence and support your case, you could use the following:

• Photographs of the accident site, before anything is moved, repaired or replaced, can show what could have caused it;
• Pictures showing the extent of any visible injuries and damage to your private property;
• If you were involved in a road traffic accident, the name and insurance details of the other driver;
• CCTV or dash cam footage, if available;
• Contact details of any witnesses to your accident, whether co-workers or road users. Their statements can help clarify the events that led to the incident;
• A medical report from your GP or the hospital will help prove the type and severity of the injuries you suffered;
• Your notes about how the accident took place and how it has affected your life;
• A copy of an accident report entry will serve as proof of the date, time and location where you were injured;
• Keep financial evidence of all the losses you incurred due to the accident.

Your solicitor may also arrange a free medical exam with a specialist to assess the full impact of your injuries in the long term. They will determine your future medical and care needs and help your solicitor arrange any rehabilitation you may need to recover.

What could cause a tractor accident on a farm?

Various situations could lead to a tractor accident, including:

• Rollovers and overturns. Such accidents occur when the tractor tips over, often due to uneven terrain, excessive speed, or improper handling. These accidents can result in severe injuries to the operator, passengers, other employees or visitors.
• Collisions. Tractor collisions involve accidents with other vehicles, objects, or even pedestrians. These incidents can occur on public roads or within the farm premises and may lead to injuries and property damage.
• Entanglements. These happen when a person’s clothing, limbs, or hair gets caught in moving parts of the tractor. These accidents can cause traumatic injuries, including amputations.
• Runovers. Tractor runover accidents occur when the operator accidentally runs over a person or object. These accidents are often due to limited visibility or failure to check blind spots and can result in severe crush injuries or fatalities.
• Falls. Tractor falls involve operators or passengers falling from the tractor. This can be due to uneven terrain, sudden stops, or lack of safety measures like seatbelts or rollover protection structures (ROPS).
• Equipment malfunctions. Brake failures or steering problems could cause accidents and lead to compensation claims against employers, manufacturers or maintenance providers.
• Unsafe farm conditions. Tractor accidents can also occur due to poorly maintained roads, inadequate signage, or other hazardous farm conditions.

If you did not find the cause of your accident here, it does not mean you cannot make a tractor injury claim. As long as your employer or another party was responsible for your injury, you are still eligible for compensation.

What injuries could lead to a tractor accident compensation claim?

A tractor accident on a farm or public road could cause various injuries. Due to their size and weight, they have the potential to cause severe trauma and may even be fatal. Common injuries seen in successful tractor accident claims include:

• Crush injuries. Tractor rollovers or collisions can lead to crush injuries, where body parts get trapped or compressed by heavy machinery or objects.
• Fractures and dislocations. The force of impact or rollovers can cause broken bones and joint dislocations.
• Head injuries. Head trauma from an accident involving a tractor can result in concussions or more severe brain injuries.
• Spinal injuries. Severe farm accidents can lead to spinal cord injuries, potentially causing paralysis or other long-term disabilities.
• Soft tissue injuries. Sprains, strains, and soft tissue injuries are common when sudden movements or jolts occur.
• Lacerations. Sharp objects or debris can cause a range of superficial to deep cuts that need surgical procedures and may cause scarring.
• Internal injuries. The impact from a collision or overturn can result in internal injuries, including damage to organs or internal bleeding.
• Burns. Accidents involving fires or exposure to hot surfaces can cause burns. These can range from superficial injuries to severe burns that affect the underlying muscle and bone and may require a skin graft.
• Amputations. In some cases, a tractor accident on a farm may result in traumatic amputations or cause such severe injuries to limbs that surgical amputation is required.
• Emotional and psychological trauma. Trauma from the accident can lead to emotional and psychological issues. These include post-traumatic stress disorder (PTSD) and anxiety.
• Fatalities. Unfortunately, some accidents involving tractors can be fatal. If you lost a loved one in a farm tractor accident, you have three years to start a claim from the date of their death.

Can I claim for a tractor accident on a public road?

Sometimes, tractors will travel along public roads, typically more slowly than other vehicles and hauling heavy equipment. According to the Department for Transport, there were 488 accidents involving agricultural vehicles in 2018, of which 29 were fatal. Such accidents could be due to the negligence of the tractor operator or another road user. The party at fault may be liable to compensate the injured person in a tractor injury claim.

You should keep in mind that you could still claim even if you were partially at fault for your injuries. As long as it can be established the other party held more than 50% of the blame, you can still receive tractor accident compensation. However, your settlement will be reduced to reflect your contributory negligence (i.e. your degree of fault for the accident or injuries).

Workplace health and safety legislation for farm workers

Like any other employees, farm workers are also protected by health and safety legislation. Employers owe them a legal duty of care to take all reasonable measures to keep them safe from risks and ensure their well-being at work. Some of the relevant legislation includes:

• The Health and Safety at Work etc. Act 1974 is the central legal framework for workplace safety. Under this Act, your employer must conduct regular risk assessments to identify hazards and take measures to reduce or eliminate them. They must establish safe speeds, load handling, and tractor maintenance and ensure that tractor operators are adequately trained and competent.
• The Workplace (Health, Safety, And Welfare) Regulations 1992 expand on the idea that employers must ensure a safe workplace. They must provide distinctly marked traffic routes for vehicles and maintenance of roadways, farm tracks, and any areas where tractors are operated. They must also ensure that tractors have rollover protection structures (ROPS) and seat belts to prevent or minimise injuries from overturns.
• The Provision and Use of Work Equipment Regulations 1998 (PUWER) state that regular inspections, maintenance, and repairs should be carried out to prevent mechanical failures that can lead to accidents. Employers must ensure that any implements used with tractors, such as ploughs and balers, are adequately maintained and attached.

If you have suffered an injury due to a tractor accident on a farm and your solicitor can prove a breach of duty, your employer will be liable for compensation.

Frequently asked questions

If you or a loved one has suffered injuries due to a farm tractor accident, you might want to claim compensation. Below, we have answered some of the most common questions about making a tractor accident claim. If you have further inquiries, do not hesitate to call 0800 470 0474 for a free consultation or use our online claim form to arrange a call back.

Could I lose my job if I claim tractor accident compensation?

If you suffered a personal injury due to your employer’s negligence, it is your legal right to claim. Your employer would act against the law if they were to sack or treat you differently due to your claim. In this case, a solicitor could help you take further action in an employment tribunal under unfair and constructive dismissal laws.

It is also important to remember that your employer’s insurance company will pay your personal injury compensation, so your employer won’t be left out of pocket. Making a farm accident claim could help them upgrade their health and safety measures to avoid similar accidents at work in the future.

How long do I have to claim compensation?

According to the Limitation Act 1980, you have three years to make a tractor accident compensation claim. The time limit begins from the date of your accident or when your injuries were diagnosed (the date of knowledge).

The time limit is suspended if the claimant lacks the mental capacity to start a claim. In this case, a litigation friend could conduct legal proceedings on their behalf.

Minors do not face a time limit either since they cannot start a personal injury claim by themselves. A parent or legal guardian could represent them at any time before they turn 18. Afterwards, they have until their 21st birthday to claim on their own accord.

How much could I receive for a farm tractor accident?

The unique circumstances of each case will determine how much compensation will be awarded to the claimant. Your award will depend on several factors, such as the severity of your injuries, their long-term impact and related financial losses. Your settlement will include two types of damages:

• General damages for pain and suffering and loss of amenities, such as the ability to participate in sports or social events;
• Special damages cover all the financial losses and expenses you incurred. These could include lost wages, prescriptions, care costs and private treatments.

Our compensation calculator provides examples of compensation awards for different levels of injury based on the Judicial College guidelines.

Could I make a tractor injury claim on behalf of a loved one?

Tractors are powerful, oversized vehicles that could cause severe injuries to anyone involved in a farm tractor accident. If someone you love suffered severe trauma following a tractor accident on a farm and lost mental capacity, you could claim for them as a litigation friend. Similarly, you could claim compensation on behalf of a child.

Once the court appoints you as their litigation friend, the claims process will be similar to any other tractor accident claim. You will help your solicitor gather evidence and make decisions about the case while keeping the claimant’s best interests in mind.

Can I make a tractor claim using No Win No Fee?

If you have a valid tractor accident claim, the solicitors we work with will offer you a 100% no win no fee claim* agreement. You will not be asked for any upfront fees, and your solicitor will take on the risk of litigation. If your claim fails, you will not have to pay them a single penny.

Furthermore, the After the Event (ATE) legal expenses insurance included in your agreement will cover all the legal costs incurred during the claims process. If you lose your personal injury claim, the insurance policy will pay the defendant’s solicitor, court fees, medical reports and any disbursements you incurred.

To find out if you can start a no win no fee tractor accident compensation claim, call 0800 470 0474 for a free consultation with a legal adviser. You can also arrange a call back by entering your details into our online claim form.