Who is liable regarding duty of care for farm accidents? I recently had an accident with a piece of farm machinery, but my employer said that I am liable for my own injuries. Is this true?

Liability regarding duty of care for farm accidents can sometimes be difficult to establish – particularly if you are a contracted or casual worker. However as no two accidents have identical backgrounds and causes, you are advised to contact a personal injury lawyer at the earliest opportunity in order to establish liability for your farm accident if you believe that another party is responsible for your injury.

It is the obligation of your employer – possibly the farmer – to provide you with a safe environment in which to work. Each task which is assigned to employees must first be assessed by the employer to determine the possible risks involved, and to take measures in order to minimise these risks. Any machinery and equipment that an employee may use must be in suitable and safe working order, employees must be trained to use them correctly and appropriate protection given if required. This also includes handling and working with livestock.

Your employer will be liable for duty of care for farm accidents in the situation where they have failed in their obligation to provide safe working conditions. In this scenario you may be entitled to claim compensation from your employer. The sum of compensation to which you may be entitled will depend upon a number of factors, which include the injury itself and its severity, the manner in which it has impacted your livelihood, the financial impact it has had or will have on you and for psychological damage which may have occurred.

Duty of care for farm accidents can be affected if you are a contractor and you have supplied your own machinery. In this situation you will be liable for your own injuries. You may be partially liable for your injuries if you neglected to seek immediate medical attention for your injuries, making them worse in the process. Partial liability may also be the case if you were supplied with machinery which you were aware was faulty, but you chose to use regardless which resulted in your injury.

If you have any lingering doubts regarding duty of care for farm accidents, you are advised to contact a personal injury lawyer at the first opportunity. A lawyer can help establish who carried the duty of care when you were involved in the accident, as well as guide you through the process of initiating a claim. The Statute of Limitations places a limit of three years in which to make a personal injury claim. As a claim may take some time to establish, you are advised to contact a personal injury lawyer without delay.