I was out in poor conditions driving a farm baler and was injured when it skidded down an embankment and hit a wall. I want to claim for an injury from a farm baler but my employer is disputing this on the grounds that I should not have been out while the weather was so poor. What should I do?
You may be entitled to claim for an injury from a farm baler provided your employer carried out a risk assessment before sending you out to work in poor weather conditions and also if he warned you about the hazardous conditions.
Your employer has a duty of care to you and all his employees to protect your safety in the workplace therefore if he sent you out working in conditions that other competent farmers would deem as hazardous you may be entitled to claim compensation.
A personal injury lawyer will be able to help establish proof of your employer’s negligence and will be able to advise based on the circumstances surrounding your injury whether it is worthwhile making a claim for an injury from a farm baler. It is also recommended that you record the incident in your employer’s ‘Accident Report Book’ as such evidence may be useful for your claim.
Of course it is possible that absolute negligence cannot be determined but you may still be able to claim for an injury from a farm baler although the amount you are entitled to claim may be reduced to reflect your liability in causing the accident, a personal ,injury lawyer will be able to explain this in much greater detail, therefore you should speak with them as soon as possible.