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Farming is one of the most important industries in western Wisconsin and throughout the United States. Farming communities around La Crosse, Eau Claire, Tomah, and other nearby areas support countless people, and work on any farm is demanding and sometimes dangerous. If you have been hurt on a farm, it’s vital to speak with an experienced Wisconsin farm accident lawyer at your first opportunity.
Craig Steger provides compassionate and results-driven legal counsel in a variety of injury cases, including farm accidents. As of 2023, Wisconsin hosts more than 58,000 farms on nearly 14 million acres, and agriculture accounts for nearly 10% of the jobs throughout the state. According to the Centers for Disease Control and Prevention (CDC), there were more than 21,000 work injuries in agriculture throughout the United States between 2021 and 2022.
It is possible for a farm accident to result in a workplace injury claim if the victim was performing work duties when they were hurt, and it is also possible for someone to suffer an injury on a farm due to an accident caused by negligence. Your Wisconsin farm accident lawyer can review the details of your accident and help you pursue compensation for the resulting damages as efficiently as possible. Depending on the circumstances, related cases may involve a Truck Accident, an Injured Truck Driver, an Underride Accident, or a Car Accident.
One of the most common causes of farmwork injuries in western Wisconsin and throughout the United States is vehicle accidents. Farming often requires the use of various specialized vehicles, from trucks and loaders to all-terrain vehicles (ATVs) and utility task vehicles (UTVs). This is especially true as farmers are often required to operate their equipment on roadways to transport crops and manure to and from their farm and fields.
Other common accidents on farms include injuries from heavy equipment, falling objects, vehicle rollover accidents, electrocutions, and exposure to dangerous chemicals and tools. If you are unsure of your legal options in the aftermath of a farm accident, you need to consult a Wisconsin farm accident lawyer right away so they can begin building your case.
It’s possible to have grounds to file a claim for workers’ compensation benefits if you were hurt while performing job duties on a farm and your employer has appropriate insurance coverage. You could also have grounds to file a personal injury claim against a specific party responsible for your injury. For example, if you were injured by a piece of defective equipment, the manufacturer could be liable for damages under product liability laws.
It is possible for a farm accident to result in a workplace injury claim if the victim was performing work duties when they were hurt, and it is also possible for someone to suffer an injury on a farm due to an accident caused by negligence. Your Wisconsin farm accident lawyer can review the details of your accident and help you pursue compensation for the resulting damages as efficiently as possible.
Wisconsin has unique workers’ compensation laws for farms. Generally, a farmer becomes subject to the Wisconsin Workers’ Compensation Act when the farm has six or more employees working on the same day for 20 days during a calendar year, subject to certain rules as to which relatives and farm workers count.
If you suffer an injury at work, you need to report it to your supervisor right away so you can begin the claim-filing process. It’s a good idea to hire a Wisconsin farm accident lawyer before attempting to negotiate benefits with any insurance carrier.
The injured worker’s employer and their insurance carrier have a legal duty to process the workers’ compensation claim in good faith. However, most insurance companies may do everything they can to minimize claim payouts, sometimes engaging in bad faith tactics when they believe injured claimants may not know how to fight back. Hire a farm accident lawyer before this happens to you, so they can advocate for you for a fair determination of benefits.
A successful workers’ compensation claim can provide medical expense coverage as well as disability benefits while you recover from your injuries, but there are limits to what this insurance can provide. When a specific party is directly responsible for your farm accident, or when your employer does not have workers’ compensation insurance, a personal injury case becomes your most viable path to recovery.
When you have grounds to file a personal injury case, success with the case can provide compensation for any economic and non-economic damages the defendant caused. You must identify the defendant responsible for causing your accident, prove how they caused it, and then show the full extent of the resulting damages. You must also be prepared to prove that your claimed damages solely resulted from the defendant’s actions and not from any other cause.
If you succeed in proving fault, it is possible for you to recover compensation for your medical expenses, lost wages, lost capacity to earn, and the pain and suffering you endured. An experienced Wisconsin farm accident lawyer can be an invaluable asset for maximizing your case award, so it’s vital to hire a farm accident lawyer right away after your accident, so they can begin building this case.
Most farm accident cases involve proving that negligence caused the collision or injury. Negligence requires demonstrating that another party owed the victim a duty of care, breached that duty, and caused an injury that resulted in compensable damages. Identifying who was negligent can become complex in modern agriculture because farm operations can involve:
The specifics of proving negligence depend on how the accident occurred. Investigators examining a collision between a tractor and another vehicle on a rural road outside La Crosse may look at:
Proving negligence after an equipment failure accident may require maintenance records, operating manuals, equipment inspection records, or other evidence related to a defective part. If chemicals cause a farmer’s injuries, the labels on the product container, the material safety data sheet, application records, and protective equipment could all become relevant.
Wisconsin’s comparative negligence law may also impact a victim’s ability to recover compensation. Farm accident laws, particularly Wisconsin Statute § 895.045, state that a person’s negligence does not bar recovery unless the person seeking damages was negligent. Recovery is barred against any entity whose negligence is greater than the negligence of the injured person. When recovery is not barred, the injured person’s compensation is reduced by their percentage of negligence.
Comparative negligence can become a significant issue in farm accident cases because farm equipment incidents rarely occur on closed worksites. For those operating a tractor on US-14 near West Salem or Highway 35 outside La Crosse, awareness extends beyond just other farm machinery. Their conduct during the crash may also come into question.
Like other factors, the compensation available for farm accidents depends on the circumstances. The type of accident, injuries suffered, responsible parties, and whether the farm accident claim is resolved through workers’ compensation, a personal injury claim, or both (when another party is at fault) can impact what damages are recoverable.
If the claim is a negligence-based personal injury case, you may be able to recover the reasonable value of past and future medical care that results from the injury. This includes:
Loss of income during recovery and loss of future earning capacity can also be recovered when injuries lead to long-term impairments. Farmers and agricultural workers often rely on physical strength and stamina to do their jobs. Injuries that affect the ability to safely operate machinery, tend to livestock, lift materials, or perform other daily tasks can significantly impact earning potential. An attorney can work with economic professionals to calculate these losses.
Non-economic damages attempt to compensate an injured person for injuries that do not come with a clear invoice or lost paycheck. Pain and suffering, disability, disfigurement, and loss of enjoyment of life are a few examples of non-economic damages that may be available depending on the facts of your case.
Establishing these damages can require extensive documentation. Rather than just providing your initial hospital bills, serious farm accidents can prevent you from working for months or permanently limit your physical capabilities. Medical records, employment and income information, professional testimony, and proof of future treatments can help demonstrate the losses you have suffered.
If a farm accident causes a loved one’s death, you may be eligible to file a Wisconsin wrongful death claim. Available damages vary based on who files the claim.
Many farm owners and their employees rely on ATVs and UTVs to complete their daily job duties. While most of these vehicles function as intended and perform as advertised, they lack the safety features of most standard passenger vehicles, and they are also meant to be used off-road. This means there is always a possibility for a tip-over or rollover to occur unexpectedly due to uneven ground or other unseen hazards.
According to the Consumer Product Safety Commission (CPSC), ATVs, UTVs, and other off-highway vehicles cause an annual average of more than 100,000 injuries requiring emergency room care and more than 800 deaths each year. If you have been hurt in such an accident, Craig Steger can help you determine who is liable and pursue compensation for your damages, whether a negligent driver or a defective product manufacturer is responsible for the accident.
When you hire an experienced Wisconsin farm accident lawyer like Craig Steger to help you recover from a farm accident, you have a greater chance of increasing your compensation. If you need to file a workers’ compensation claim, your attorney can not only make sure your employer and their insurance carrier handle your claim in good faith, but they can also verify that you receive an acceptable determination of benefits.
If you have grounds to file a personal injury case for your farm accident, it may be especially crucial to hire a farm accident lawyer. Winning your personal injury case may require proving that the defendant’s negligence or misconduct directly caused your claimed damages. The right attorney can help you increase the compensation you receive for any economic and non-economic damages the defendant caused.
Ultimately, your case could be more challenging than it appears, but with the right Wisconsin farm accident attorney on your side, you are more likely to reach a positive outcome in your case. Craig Steger is ready to provide the compassionate legal support you need through your recovery efforts, so reach out today and learn how a seasoned Wisconsin farm accident lawyer can help.
Liability for a farm accident could fall to an employer, an equipment manufacturer, a vehicle manufacturer, a specific employee, or it is possible that the victim caused their own injury at work. If you intend to file a personal injury claim for your farm accident injury, you may need to identify the party responsible for causing it and establish fault before you can claim any compensation for your damages.
The amount of compensation you can claim for a farm accident generally depends on the severity of the damages you suffered. If you file a workers’ compensation claim, it could provide full medical expense coverage and limited compensation for lost income while you recover. A personal injury case, on the other hand, could potentially yield full compensation for economic and non-economic damages the defendant caused.
You should hire a farm accident lawyer because it’s crucial to have a legal advocate with proven experience handling cases like yours on your side. The right attorney can help you determine whether any other party bears fault for your damages, guide you through any insurance claims you are eligible to file, and help you build a personal injury case that seeks full compensation.
The time it could take to resolve your farm accident case in Wisconsin will depend on the specific details of your situation and the legal options available to you. For example, it may only take a few weeks to resolve a workers’ compensation claim if you hire the right attorney to represent you, but it could take much longer to reach a conclusion to a personal injury case.
Your Wisconsin farm injury lawyer can be an invaluable asset, no matter what your case entails. Craig Steger has the experience and resources necessary to help an injured farm accident victim thoroughly explore their recovery options and pursue maximum compensation for their damages. You have limited time to build and file your case, so contact us today and schedule your consultation with an experienced Wisconsin farm accident lawyer.
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