The agricultural industry is one of the most dangerous in the world. According to the Centers for Disease Control and Prevention, 374 farmers were killed in farming accidents in 2012. The CDC reports that every year, around 167 of workers in the farming and agricultural industries suffer injuries that cause them to miss work. If you suffered an injury in a farm accident, let a Monroe Farm Accident lawyer from Gallon, Takacs, Boissoneault & Schaffer Co., LPA help you get the benefits and compensation you need to rebuild your life.
These injuries can leave a worker unable to care for himself, let alone return to work and earn an income to provide for himself and his family. We will help you to file a personal injury claim for damages. You have this right, so exercise it – you could receive compensation for medical bills, lost wages, and more.
If you were an employee on a farm at the time of your accident, you are likely wondering whether you should file for – and maybe whether you are even covered under –workers’ compensation.
In Michigan, employers are required to carry workers’ compensation for all agricultural employees.
Exception: If the employer employs fewer than three employees who are paid an hourly wage/salary and work more than 35 hours per week for 13 or more consecutive weeks, the employer does not have to carry workers’ compensation insurance.
In other words, if your employer has three or more regular employees who are not just doing piecework, then you are likely covered under workers’ compensation insurance. When you file a claim under workers’ compensation insurance, you do not have to prove fault in order to recover benefits. It is best to seek the advice of a Monroe Farm Accident Lawyer before filing.
If you file a workers’ compensation claim for damages, you can recover compensation for all of your medical expenses. You can also recover a part of the wages lost for the period during which you were unable to work.
If you file a third-party liability lawsuit, you can recover medical expenses, and the full amount of wages lost (not just a percentage of those wages). You can also recover non-economic damages, such as damages for pain and suffering. But you will have to prove that a third party other than your employer or a co-worker is liable for your accident.
A Monroe farm accident lawyer from our firm will help you to determine whether a third party is liable. Consider the following examples.
In all of the above examples, a third party – or someone other than your employer or another employee – was responsible for your injuries.
Filing a claim through workers’ compensation or a third-party liability suit is often not straightforward. You will need to show proof your injuries, may need to prove fault, and may have to appeal a denied claim. An Ann Arbor farm accident lawyer can help with all of this, and more.
Gallon, Takacs, Boissoneault & Shaffer Co., LPA, knows what it takes to protect an injured worker’s rights. We understand the ins and outs of workers’ compensation law. If you have been injured in a farm or agricultural accident in or around Monroe, Michigan, we want to speak with you. Contact us today at 419-843-6663 to learn more now.
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