Pennsylvania Farmhand Work Injury Lawyer
While many people work in big cities and live in suburbs, agricultural work is as important as ever. If you were injured while working as a farmhand in Pennsylvania, talk to an attorney about how you can get monetary compensation.
Farm work is important but dangerous. Farmhands are frequently injured by heavy machinery like tractors, animals and livestock, and suffer long-term injuries like back pain from repeated heavy lifting or bending over. Work as a farmhand is not typical nine-to-five work, but farmhands are still covered by Workers’ Compensation, at least under certain conditions. If you are injured while working on a farm, contact an attorney about filing a Workers’ Compensation claim right away. Your attorney can help you document your injuries and collect any evidence you need to prove to the insurance company you have compensable injuries. Your attorney can also work to protect you from retaliation from employers. Some farmhands worry that they will not receive compensation if their negligence causes the accident. If that is the case, you may still be covered.
Speak with our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law and ask for a free case review when you call (267) 651-7945.
How a Farmhand Might Be Injured at Work in Pennsylvania
When people think about farming, they often think of crops, livestock, and working outdoors. Many people do not realize how dangerous certain aspects of farmwork can be. Farmers and farmhands often use dangerous machinery, work in hot outdoor conditions, and have to take care of large animals. Injuries are common, and you should speak to an attorney about filing a claim for Workers’ Comp.
Many farmhands are injured by heavy machinery. Machinery plays a role in numerous aspects of farming. You might use large rotary cutters and large mowers to cut fields. You might use combine harvesters to harvest crops. Industrial planters may be used when planting large fields. All this equipment is large, powerful, and dangerous. Serious injuries are possible if things go wrong. On top of that, much of this machinery is attached to and pulled by large tractors. It is not unheard of for farmhands to get caught under the tires of tractors.
Animal injuries are another concern among farmhands. While many animals on farms tend to be calm and docile, they are still animals and may be unpredictable. Bucking horses and bulls could easily trample a farmhand. Sometimes, animals get spooked by accident and charge, leading to serious injuries for anyone who gets in the way.
Some farming injuries are sustained over time. For example, repeatedly bending over to lift hay bales or dig in fields might lead to serious back problems over time. Working out in the sun all day can also lead to heatstroke and other acute conditions that can aggravate underlying heart conditions and potentially cause heart attacks, strokes, and other health issues. Even though these injuries do not occur all at once, they may still be covered by Workers’ Comp.
Farmhands Covered by Workers’ Compensation in Pennsylvania
Determining whether farmhands fall under Workers’ Compensation laws can be a bit confusing. Many farmhands are only employed seasonally, and their jobs vary depending on the crops and livestock being cultivated. Contact a lawyer if you are unsure of where you stand as a farmhand.
According to Art. III § 302(c) of the Pennsylvania Workers’ Compensation Act, any employer who hires someone to perform agricultural labor must provide Workers’ Compensation coverage for farmhands. However, the farmhand must meet specific conditions before their employer is required to provide coverage. The farmhand must work at least 30 days per year on the farm or earn at least $1,200 per year. This may be a crucial element for farmhands who provide part-time or seasonal work.
Children and spouses of employers working on farms are not considered employees unless an express written contract for hire is filed with the state. This may be an important consideration for those working on family-owned farms.
Why You Should Hire a Lawyer for Your Pennsylvania Farmhand Work Injury Case
You should hire an attorney right after you are injured, as they can help you start a claim. Your lawyer can help you document your injuries and important details about the case. Much of the evidence our Certified Pennsylvania Workers’ Compensation Specialists might need to prove your claims comes from paperwork.
If you are injured as a farmhand, report the injuries immediately, get to a doctor for treatment, and make sure your employer documents the injuries. Even if your employer does not properly document the injuries, your medical records may serve as documentation.
Your lawyer might also be needed to protect you from retaliation from your boss. This is a common problem faced by many injured farmhands. The exploitation of farmhands has been a serious problem for many years. Many farmhands are migrant workers who move from place to place looking for work as farmhands as the seasons change. Employers might threaten to withhold payment or blacklist farmhands from working if they try to file a Workers’ Compensation claim.
Many migrant workers come from other countries to work. In such cases, employers might threaten to have injured workers deported if they report their injuries to anyone. These intimidation tactics are often used when employers do not buy Workers’ Compensation insurance so they can save money. Contact an attorney immediately if you believe your employer may retaliate or is retaliating.
Negligence in a Pennsylvania Farmhand Work Injury Case
Often, injured farmhands are told by misinformed or deceptive employers that they are ineligible for Workers’ Compensation because they are responsible for causing their own injuries. This is not true. In many cases, the farmhand’s negligence is not an issue. Your employer may be liable for providing Workers’ Compensation even if your own negligent behavior caused your injuries.
Under Art. II § 201, employers must provide coverage even if you cause your injury. It is also not a defense that an injured employee assumed the risk of their work before they were injured. Negligence related to drug or alcohol consumption may relieve employers of liability, but the burden of proving such intoxication falls on the employer.
Contact Our Pennsylvania Farmhand Work Injury Attorneys Now
Speak with our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law and ask for a free case review when you call (267) 651-7945.