A farm accident claim is a claim for injuries caused by farm machinery, livestock, farm structures or farming operations, brought by a worker, a visitor or someone on a nearby road. Depending on who was hurt and how, it can be a workers’ compensation claim, a premises liability claim against the farm, a product liability claim against an equipment maker, or a crash claim against the operator of a farm vehicle.
Blank Kim Injury Law represents people hurt in western Loudoun County, Fauquier County and the other farming communities within reach of our Fairfax office, as well as suburban families injured on weekend farm outings. Many farm workers in Virginia speak Spanish, and our paralegal team speaks Spanish. Attorney Robert Kim speaks Korean.
How farm injuries happen
Agriculture combines heavy machinery, large animals, chemicals and long days, often with little formal safety training. The injuries we see come from:
- Tractor rollovers on slopes and uneven ground, especially on older tractors without rollover protection
- Power take-off (PTO) shafts and augers that catch clothing and pull in an arm or leg
- Balers, mowers, combines and skid steers that are unguarded or malfunction
- Grain bins and silos, where a worker can be engulfed or overcome by gases
- Kicks, crushes and gorings by cattle and horses; see our page on horse riding accidents
- Falls from haylofts, ladders and barn roofs
- Pesticide and chemical exposure
- UTV and ATV rollovers on farm property; see our page on ATV accidents
- Electrical contact with overhead power lines when moving tall equipment; see electrocution injuries
These are often catastrophic injuries: amputations, crush injuries, hand injuries and head trauma, frequently far from a hospital.
Farm workers and Virginia workers’ compensation
Workers’ compensation in Virginia is handled by the Virginia Workers’ Compensation Commission. A covered worker must report the injury to the employer within 30 days, under Va. Code § 65.2-600, and file a claim within two years of the accident, under Va. Code § 65.2-601. Benefits include medical care and wage benefits generally equal to two-thirds of the average weekly wage, subject to limits.
Farm labor is a special case. Virginia’s workers’ compensation law contains exemptions for certain farm and horticultural employers, which can depend on factors such as how many workers the farm regularly employs and whether the employer chose to carry coverage anyway. Whether you are covered is a threshold question we answer at the start of every farm worker case.
| Situation | What it generally means |
|---|---|
| The farm is covered by workers’ compensation | Workers’ compensation is generally the exclusive remedy against the employer, but a negligent third party can still be sued |
| The farm is exempt and carries no coverage | The worker’s options against the employer are different, and a negligence claim may be available; we review the facts |
| A third party caused the injury | An equipment maker, a contractor or another driver can be pursued in addition to any workers’ compensation claim |
Workers’ compensation is generally the exclusive remedy against a covered employer, under Va. Code § 65.2-307, but a negligent third party can be sued separately, under Va. Code § 65.2-309. Seasonal and part-time workers should tell us what happened too, whatever their situation, so we can advise them. See our workers’ compensation page.
When farm machinery is defective
Many farm injuries trace back to equipment: a missing PTO shield, a rollover bar that failed, a hydraulic line that burst or a machine that started when it should not have. Virginia does not recognize strict liability in tort for defective products, so claims against manufacturers and sellers proceed in negligence and breach of warranty, including the implied warranty of merchantability under Va. Code § 8.2-314. Privity is not required for a personal injury warranty claim, under Va. Code § 8.2-318.
Keep the machine as it is. Do not repair, sell or scrap it until it has been inspected, because the machine is the central evidence. See our page on product liability claims.
Visitors hurt at farms, orchards and farm events
Northern Virginia families visit farms for pumpkin patches, apple and berry picking, hayrides, corn mazes, farm markets and weddings in converted barns. A farm that invites the public in owes its visitors reasonable care: to keep the premises reasonably safe and to warn of hidden dangers it knew about or should have known about.
Virginia also has a statute addressing agritourism, which can limit a farm’s liability for risks that are inherent in farm activities when the farm posts the required warnings. It does not protect a farm from every claim, and exceptions exist for the farm’s own negligence in some circumstances. The exact conditions are ones we confirm in each case. A tipped hay wagon with a careless driver, a collapsed barn loft or an unsecured animal is not the same as the ordinary risks of walking in a field.
Crashes with farm vehicles on rural roads
Slow tractors, hay wagons and combines share roads like Route 50 and Route 7 west of Leesburg with commuters and trucks. Crashes happen when drivers come over a hill at speed, when farm equipment lacks proper lighting or reflective markings, or when an oversized implement crosses the center line. Claims against the operator are handled much like other car accident claims, with the farm’s liability insurance and your own uninsured and underinsured motorist coverage often in play.
What to do after a farm accident
- Call 911. Rural addresses can be hard to find, so give road names, landmarks and gate numbers.
- Report a work injury to the employer promptly and in writing, within 30 days at the latest.
- Photograph the machine, the animal enclosure or the hazard, and the area around it.
- Write down who owns the farm, who owns the equipment and who was supervising.
- Keep the equipment unchanged and ask that it be preserved.
- Keep every medical record and receipt, including from air transport or a distant trauma center.
Deadlines, and how we handle farm injury claims
Virginia generally allows two years from the injury to file a personal injury lawsuit, under Va. Code § 8.01-243(A). Workers’ compensation has its own 30-day reporting and two-year claim deadlines. When a farm accident is fatal, see our page on wrongful death claims.
After a free case review, we determine whether workers’ compensation applies, identify every party that shares responsibility, preserve the equipment and the scene, and pursue each claim in the proper forum. You can talk with our team in English, Spanish or Korean.
