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Farm Accident Claims

If you have been involved in a farm accident or experienced an injury in an agricultural setting, you may find the information on this page useful for clarifying your rights and your eligibility to make a claim against your employer.

Farm accident

Helpful Information

You will generally find that the standard of safety on a farm is not anything near what it would be in any other kind of environment given the levels of risk involved. This is of course not intended to be a criticism of farmers and their attitude toward safety but simply reflects the fact that in Ireland most farms are run at a scale both in terms of staff numbers and profitability that they could not possibly ascribe the level of resources to health and safety as employers in the construction or industrial sectors can. Many farms are small family businesses without the formal health and safety structures you would normally expect to see in other industries.

As a result, many farmers are effectively overseeing themselves, which is never a good idea. Accordingly, the risks associated with working on a farm can be far greater than they would be in an equally hazardous industrial or construction environment because you don’t have the same structures in place that a designated independent health and safety officer would be obliged to implement and enforce, including things like risk assessments, safety statements, etc. You may find this information on accidents in agriculture useful.

Typical types of accidents occuring in farm & agricultural settings

The types of particular accidents that one can expect to see associated with farms include:

  • Accidents involving tractors and farm machinery, for instance, a hand becoming caught and mangled in a bailer or power take off.
  • Accidents caused by livestock on farms, for instance being knocked and crushed or trampled by cattle, kicked by a horse, or gored by a bull.
  • Accidents caused by livestock straying or breaking out onto the public road causing road traffic accident.
  • Accidents resulting from dangerous heights and depth, for instance, unsecured heaps or pits.
  • Accidents and injuries caused by hazardous materials on farms, for instance, dangerous chemicals or dangerous gasses from slurry pits, etc.
  • Accidents caused by detritus left on the road, for instance, if farm material is being moved from one place to another via the public road, this may leave muck or scum and other detritus on the road surface which, if not removed in a responsible fashion, may create a dangerous road surface causing hazards for other road users.

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Frequently Asked Questions

Some of the questions we are often asked in relation to this topic.

  • What types of negligence can lead to accidents on farms?

    Insufficient training or supervision of workers, lack of proper maintenance for machinery and equipment, and failure to follow safety protocols are common forms of negligence in farm and agricultural settings. Overlooking environmental hazards, such as wet floors or unstable structures, also contributes to accidents. Additionally, ignoring the proper use of personal protective equipment and allowing unauthorised personnel into hazardous areas can increase risk. Improper handling of chemicals and failure to secure livestock properly are other common forms of negligence that can result in serious accidents.

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  • Are there time limits for bringing a farm accident claim?

    The general rule is that you must start legal proceedings within two years of the date of the accident. This time limit is known as the "statute of limitations". The clock starts ticking from the date the accident occurred or, in some cases, from the date you became aware that your injury was linked to the accident. It's crucial to note that if this deadline passes, you may lose your right to make a claim. Given these strict time constraints, it is advisable to seek legal advice as soon as possible after an accident.

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  • Do I need a solicitor to bring my claim?

    While it's not legally required to have a solicitor to bring a claim, it is highly advisable to hire one. Navigating the legal complexities, especially in cases involving personal injuries on farms, can be challenging. A solicitor can help you properly file your claim, gather necessary evidence, handle negotiations with insurance companies, and represent you in court if the claim goes to litigation. They can also ensure that your claim is filed within the statutory time limits and that all procedural requirements are met. Having professional legal representation can significantly increase your chances of receiving a fair and adequate compensation.

Farm accident claims specialists

If you have suffered an injury whilst working on a farm, contact our solicitors today to make a start on your claim or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on info@mccarthy.ie and we will get back to you as soon as we can.

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About McCarthy + Co

With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including agricultural accidents and farm injury compensation cases. We are a family-run business, and we pride ourselves on offering honest, impartial and helpful advice.

Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. If you have experienced a farm accident or sustained an injury in an agricultural setting, you can rely on us for legal advice, guidance, and assistance through the claims process.

Useful Resources

Some links relating to farm safety that you may find useful.

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Flor McCarthy

Flor McCarthy

Email: flor@mccarthy.ie
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Twitter: @flormccarthy LinkedIn: /in/flormccarthy/

wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

John McCarthy

Email: john@mccarthy.ie
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LinkedIn: /in/johnmccarthysolicitor/

is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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