Am I able to claim compensation for injuries from a cow on a farm? I was recently working with a cow when I was kicked in the stomach, but my employer says I should have noticed the cow was irritable.
Whether or not you can claim compensation for injuries from a cow on a farm will be determined by whether your employer was responsible for your injuries, and if witnesses can verify the circumstances of your accident. A substantial amount of literature is published by the Health and Safety Executive regarding the manner in which to work safely with animals, and training should have been provided with regards to working with a cow. An anti-kicking device could have also been provided if necessary, and if the cow was known to be particularly irritable it should have been culled if necessary.
You may be entitled to claim compensation for injuries from a cow on a farm if it transpires the cow was irritable and your employer failed to warn you of this, if the appropriate training was not offered to you and if protection to reduce the risk of injury was not provided. This will be seen as failure by your employer to provide you with a safe environment in which to work. Therefore they may be liable for the injuries you sustained and any compensation you may be due.
However it must also be considered that you may be partially responsible, through contributory negligence, for your own injuries. For instance – if you were previously aware that the cow posed a health and safety hazard, you could have taken precautions in order to prevent an accident. Contributory negligence may also be a factor should you fail to seek immediate medical attention after your accident, and therefore possibly made your injuries worse. While you may still be entitled to some compensation, the amount which you may be rewarded can be reduced by a percentage due to your own negligence.
If you wish to determine whether you are eligible to claim compensation for injuries from a cow on a farm, you are advised to consult a personal injury lawyer. Your lawyer can answer any questions regarding the process of claiming compensation for an injury, inform you of the strength of your claim and determine the amount of compensation which you may be entitled to. It is important to remember that the Statute of Limitations places a time limit of three years in which to make a claim, and for this reason you are advised to consult a personal injury without delay after you have been treated for your injuries.