Is it possible to initiate farm tractor injury claims? I recently fell from a tractor which my employer says was my own fault.
Whether you are eligible to receive compensation for farm tractor injury claims will depend upon who the negligent party that caused your injuries was. If you fell from your tractor there are a number of possibilities. The first is that your employer is correct and you are responsible for your own accident. This may be the case if there were certain safety protocols your employer had advised you to take but which you chose to ignore. In this situation your negligence towards your own safety will be the cause of the accident and you may not be eligible to claim compensation.
Your employer may be liable for your farm tractor injury claims in the situation in which the accident in question occurred due to his or her negligence, resulting in a breach of their duty of care and thus your injury. This could occur if, for instance, you were under pressure by your employer to work faster than would normally be safe. If the increased speed of working caused your tractor door to swing open and you fell out as a result, this would constitute negligence on behalf of your employer towards your well-being.
Another possible scenario would be that you and your employer share the blame for your accident. For example – in a situation where you fell out of the tractor due to your employer’s negligence but you insisted on continuing to work rather than receive medical treatment for your injuries. If your injuries became worse as a result of putting yourself under further pressure – rather than be medically examined – you may still be entitled to some compensation. However this amount may be reduced to reflect your own lack of care.
It may be difficult to establish negligence in farm tractor injury claims without specific details. In order to determine which party is liable for your injuries you are advised to consult a personal injury lawyer, who can help establish a claim for compensation. Once liability for your injuries is determined and sufficient evidence gathered, a “letter of claim” will be sent to the liable party – or their insurers – in order to inform them that a claim will be made. Twenty one days are given to respond to this letter, after which three months are provided to conduct an investigation.
At this point they must state whether liability for your farm tractor injury claims will be accepted or rejected. If accepted, negotiations can begin between your lawyer and the liable party. If rejected, court proceedings may be initiated by your lawyer. It may occur that once this happens an out-of-court settlement may be reached in order to prevent potential legal costs. As claiming compensation and establishing liability can be a complicated process, if you believe you have a farm tractor injury claim you are advised to consult a lawyer at the earliest opportunity.