Agriculture is one of the most dangerous industries in Australia according to Safe Work Australia. The accidents that occur may cause fractures, amputation, muscle and bone injuries due to manual handling, being hit or trips and falls. If you had a farm accident, you might be entitled to claim compensation benefits for your injuries.
Common farm accident injuries
Vehicle accidents
such as rollover crashes, car, and tractor accidents, utility truck accidents, motorcycle accidents, and quad bike accidents, account for more than 40% of agricultural worker injuries.
Farm equipment accidents
such as cutting tools, farm machinery, augers and compressors are among the most common causes of amputation.
Slip, trip and fall accidents
due to slurry storage, pits, extreme weather
Chemical-related injuries
such as chemical burns due to corrosive pesticides, herbicides, and dust exposure.
As agricultural practices are located in remote and isolated areas, not having mobile service coverage and first aid provider make farm accidents more severe.
Farm accident injury compensation benefits under workers compensation
If you suffered an illness or farm accident injury, you may be entitled to workers compensation benefits below for your injury:
- Medical expenses – costs of immediate and ongoing treatment costs by a doctor, physiotherapist, psychologist, and so on.
- Weekly payments – calculated according to your capacity for work and average earnings
- Lump sum payment – if you are a non-exempt worker and your whole person impairment for your physical injuries, are assessed at being greater than 10% or 14% for psychological injuries; or you are an exempt worker and your whole person impairment for your physical injuries are greater than 0%.
- Domestic assistance – if your whole person impairment is assessed at being at least 15%.
- Common law – if your whole person impairment is assessed at being at least 15% and your employer was negligent.
If you are injured due to a tractor, or forklift or motorcycle accident, you may be entitled to motor vehicle accident compensation benefits. For detailed information, please visit Motor Vehicle Accident Lawyers page.
How to claim?
- To begin the workers compensation claim procedure, you must first notify your employer about the accident.
- Then visit your General Practitioner, and get the Certificate of Capacity.
- After that, you must complete a Workers’ Injury Claim Form; make copies of the Certificate of Capacity and Work Injury Claim Form for your records, and give your employer the originals. Click here to download the form.
Your employer will complete their part of the form and submit both documents to their workers compensation insurance company. After receiving your claim form, the insurance will contact you within 7 days. If the claim has been approved, the notice will state: Accepted.
If your claim is approved, you will be paid weekly compensation payments (if your injury prohibits you from working) as well as reimbursement for reasonable expenditures. If your claim is denied, you will not be compensated, and the insurer will explain why. If you disagree with the insurer’s decision, you can ask for the decision to be reconsidered.
Whether it is accepted or denied, it is strongly recommended to seek legal assistance to maximise your compensation benefits.
How long do I have to make a claim?
The time limit to submit the Work Injury Claim Form is 6 months from the date of your injury. If you sustained an agricultural injury or any other injury at work more than 6 months ago, please contact our personal injury lawyers as you may still be able to make a claim even depending on the circumstances. If your injuries are assessed at being at least 15% whole person impairment, there is a 3 year time limit to commence court proceedings for a work injury damages claim. Simiraly, if 3 years has passed and you have not commenced court proceedings, there are provisions that allow you to claim outside of the time limit, depending on the circumstances.
Professional legal assistance at Withstand Lawyers
Farm managers and owners should teach their employees the operation of all agricultural equipment and operating procedures, as well as maintain equipment in excellent working order. Employers must ensure that their employees are wearing and using proper protective gear. At Withstand Lawyers, we help injured people receive the best workers compensation entitlements possible without them having to pay for our legal costs, given they are covered by the Independent Review Office (IRO) as we are approved IRO lawyers.Reach us for free legal advice: call us on 1800 952 898 or book a consultation below.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
