I recently suffered severe spinal injuries when I fell from a cherry picker after it was hit by a car on the farm I was working on. Can I claim for being injured by a cherry picker on a farm?
The eligibility of your claim for being injured by a cherry picker on a farm depends on whether your employer has been negligent in their duty of care to you. If your employer is found to have taken shortcuts regarding health and safety they may be found liable for your injuries, although this will also depend upon whether you were responsible for your accident in any way. In this particular case there are two noteworthy aspects which may determine your eligibility.
There is the fact that no restraints were provided to you, and the manner in which you fell so easily implies that the cherry picker was placed on unsuitable terrain or that the car was travelling at excessive speed around the area of work. These are violations of health and safety protocol, and your employers will consequently be responsible for your injuries.
The claim for being injured by a cherry picker on a farm must also take into account the fact that the driver of the car did not notice the cherry picker. In the situation that the area in which you were working was a road or area in which traffic would frequent, it is necessary to place cones around the cherry picker in order to prevent an accident such as this occurring. While your employer may be responsible for this, there is also the possibility that the responsibility to cone off the area lay with you. In this situation, contributory negligence will be an issue. You may be still entitled to some compensation as you were working without supervision. However the amount of compensation to which you may be eligible may be reduced as a result.
In order to determine which party is liable for your claim for being injured by a cherry picker on a farm, you are advised to consult a personal injury lawyer at the earliest opportunity. A lawyer can help determine which party is liable for your injury, the strength of your claim and the amount of compensation to which you may be entitled. It is important to bear in mind that as per the Statute of Limitations you will have three years from the date of the accident in which to initiate a personal injury claim. As a claim may take some time to prepare, you are advised to contact a personal injury lawyer at the earliest opportunity.