Agriculture & farming accident claims
Statistics from the National Farmers Union show that around 65,000 people in Scotland work in agricultural or farming.
Additionally, there is up to 250,000 other people in jobs which depend on agriculture to some degree.
Higher number of workplace injuries in agricultural and farming sectors
Agricultural and farming have particular safety challenges related to the type of work, the work environments – often outdoor or in bad weather –and specific training which has to be given to employees.
While the majority of work on farms and other agricultural workplaces is carried out safely, figures from the Health and Safety Executive show that the agricultural and farming industries have a higher rate of workplace accidents and injuries than reported in any other industry.
Regulations to protect agricultural and farm workers
As in any other type of workplace, employers have a common law duty to take reasonable care of their employees.
There are regulations in place to protect agricultural and farm workers, such as:
- Workplace (Health safety and welfare)
- Management of Health Safety and Welfare Regulations.
Helping a client injured working on a farm
Digby Brown have experience of helping people injured while working in this type of industry.
In a recent case in Fife, our specialist personal injury solicitors helped a farm worker who suffered serious and life-changing injuries when he was crushed while trying to move cows from a pen to another area of the farm to be vaccinated.
Our investigations included looking at agricultural industry guidelines and guidance from the Health and Safety Executive to establish that our client’s employer had failed in their duty to take reasonable care of him while at work and were ultimately responsible for the negligent acts by the farm manager at the site which led to the accident and our client’s injuries.
We were able to bring this case to a successful conclusion, achieving a six-figure settlement.
Helping EU nationals in the agricultural and farming industries
Digby Brown also have a dedicated Foreign and Travel Law department whose work includes representing workers who have come to Scotland from other EU nations and are injured in an accident, whether in the agricultural and farming sectors or in another industry.
The team are all qualified legal specialists and can provide legal services in a variety of languages.
No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Agricultural and farming accident claims
If you have been injured in a farming accident, or an agriculture accident, we would encourage you to seek expert, independent legal advice as soon as possible.
Digby Brown is the leading personal injury firm in Scotland and has been leading the way in helping workers injured at work.
To speak to a legal advisor today, please call us or fill in our online enquiry form and a legal advisor will contact you.
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