Heavy machinery, like tractors, balers, plows, ATVs, sprayers, and spreaders, are essential for running a farm in an efficient and cost-effective manner. Unfortunately, when accidents occur with such equipment or other farm structures, like silos, the resulting injuries are often life-changing and in some instances, fatal. Workers who sustain farm accident injuries often need costly medical care and can no longer earn an income. Fortunately, Maryland law protects injured employees by allowing them to recover workers’ compensation benefits if they meet certain requirements. If you or a loved one sustained farm accident injuries, it is advisable to consult an attorney to determine your rights. At Foran & Foran, P.A., our dedicated Prince George’s County workers’ compensation attorneys take pride in helping injured employees protect their interests, and if we represent you, we will advocate zealously on your behalf.
Farm Accident InjuriesThere are inherent risks involved in agricultural work, as workers often handle heavy machinery, livestock, and hazardous chemicals, and these risks often result in farm accident injuries. These injuries can stem from equipment malfunctions, such as tractor rollovers or machinery entanglements, improper handling of animals leading to kicks or bites, and exposure to pesticides and other chemicals. The injuries resulting from farm accidents can be severe, including lacerations, fractures, amputations, and crush injuries from heavy machinery. Additionally, respiratory issues and chemical burns can arise from prolonged exposure to harmful substances.
Benefits Available for Farm Accident InjuriesThe Maryland Workers’ Compensation Act (the Act) generally sets forth the parameters for when employers must provide workers’ compensation benefits to injured workers. Specifically, it states that benefits must be provided to employees who suffer accidental personal injuries while in the course and scope of their employment. In broad terms, this means that employees who sustain harm at work or while performing work-related tasks can recover workers’ compensation benefits.
Notably, the Act carves out exceptions for farm workers, that differ from the general employment eligibility requirements. In other words, the Act states that a worker, including a migrant farm worker, qualifies for compensation if they are paid by a farmer for tasks other than office work, such as operating machinery related to animal, crop, or soil management, constructing or repairing equipment, or handling animals or crops with or without machinery.
To be eligible for workers' compensation benefits, the injured party must show that the farm where the accident occurred meets one of two criteria: it must employ at least three full-time workers or have an annual payroll of at least $15,000 for its full-time employees.
However, independent contractors are generally excluded from workers' compensation benefits. An individual is considered an independent contractor and thus ineligible for coverage if they are engaged in a business of the same nature as the service they perform, operate with minimal supervision or direction, provide their own equipment, materials, and tools, and are not subject to tax withholding by the farmer.
Eligible parties may be able to recover medical and hospitalization benefits, which cover the cost of any necessary treatment, medication, therapies, and assistive and prosthetic devices. They may also be granted temporary or permanent partial or total disability benefits if they cannot work or must work at a reduced capacity due to their injuries. If the injuries suffered were fatal, the employee’s dependents may be able to file a claim for death and funeral benefits.
Meet With an Experienced Prince George’s County Workers’ Compensation AttorneyFarm accidents are, sadly, common, and when they occur, they frequently cause permanent and life-altering injuries. If you want to learn more about the workers’ compensation benefits available for farm accident injuries, it is prudent to meet with an attorney at your earliest convenience. The experienced Prince George’s County workers’ compensation attorneys of Foran & Foran, P.A., possess the experience and knowledge needed to help you pursue any benefits you may be owed. Our office is located in Greenbelt, Maryland, and we regularly represent people in workers’ compensation claims in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville, and other cities in Prince George’s County, Montgomery County, Charles County, and all counties in the State of Maryland. You can set up a confidential and free meeting by contacting us via our form online or by calling us at (301) 441-2022.