How do I claim for being injured by agriculture equipment malfunction? I lost a finger in an accident and I’m certain it was not my fault, but my employer denies liability.

Liability for a claim for being injured by agriculture equipment malfunction will depend on the party who was negligent in performing their duty to provide adequate health and safety standards. According to the Provision and Use of Work Equipment Regulation 1998, agricultural equipment must be inspected on a regular basis in order to ensure that it works to a safe standard and does not pose a hazard to those who use it. Therefore if you have sustained an injury for which you are not entirely to blame from a piece of agricultural machinery which was not adequately inspected, you may be entitled to claim compensation from your employer.
There is also the possibility that your employer has indeed carried out regular safety inspections on the machinery – in which case they will not be liable. In this situation the liable party may be the service company, as they failed to perform an adequate service upon the machine and which therefore resulted in your injury. The service history of your employer will help to determine whether this is the case.

The first step in your claim for being injured by agriculture equipment malfunction, after you have been treated by a medical professional, is to record the accident in the “Accident Report Book” of your employer, and provide the details surrounding the accident which resulted in your injury. The malfunction of the machinery which culminated in your accident will have to be reported by your employer to the Health Service Executive, who will then investigate the cause of the accident which resulted in your injury. Should negligence be found to have been a factor by either your employer or the service company, you can proceed with claiming compensation for your injury.

You are advised to consult a personal injury lawyer regarding your claim for being injured by agriculture equipment malfunction before the HSE concludes their investigation. By doing so – and by determining a value of compensation for your injury – you will be prepared for the eventuality that the insurance company of your employer will approach you with an unsolicited offer of compensation. However tempting this offer may seem, remember that it is being made with one purpose in mind – to keep the expenses of the insurance company to a minimum. Due to this under-compensation is a danger, and you are advised to refer this offer to a lawyer immediately.

Should you have any further queries regarding your claim for being injured by agriculture equipment malfunction, you are advised to contact a personal injury lawyer at the earliest opportunity.