When can I claim for an injury from a tractor overturning on a farm? I suffered spinal injuries after a tractor I was driving overturned, which was not equipped with seatbelts.
You will be entitled to claim for an injury from a tractor overturning on a farm if it can be established that the accident was caused by the negligence of your employer by providing a tractor which was not suited for the task required. While it is not a requirement for all tractors to have seatbelts fitted, there are some for which it is necessary in order to prevent such an accident occurring.
If a tractor is installed with a rollover protection system, seat belts are a necessity in order to reduce the likelihood of an injury when a tractor does overturn. If a rollover protection system is not present in a tractor it may be used only for tasks which are of low risk. In this scenario there are two possibilities – you were provided with a low-risk tractor for a high-risk task, or you were given a tractor with a rollover protection system which did not have seatbelts equipped and which therefore should not have been used.
In order to continue with initiating a claim for an injury from a tractor overturning on a farm, it is imperative that a personal injury lawyer is contacted at the earliest opportunity once your injuries have been tended to by a medical professional. There is the possibility that your employer will be fully aware of his own negligence and will have the tractor in question fitted with a seatbelt following your accident. It is important to gather evidence of your accident in order to maximise the likelihood of a successful claim. As evidence may disappear and memories become unreliable after some time, you are advised to do this sooner rather than later.
Once your employer has reported your accident to their insurance company, you may be directly contacted by the insurers with an unsolicited offer of compensation in exchange for an immediate settlement of your claim. Before accepting any such offer you are advised to consult your lawyer, as there is a possibility that you may be undercompensated for your injuries. Your lawyer will be able to negotiate a fairer settlement on your behalf.
Should you have further questions on making a claim for an injury from a tractor overturning on a farm, the processes required or the compensation you may be rewarded, you are advised to consult a personal injury lawyer at the earliest opportunity.