Thursday 24 September 2009

Farming Accidents | Common Causes & Avenues of Compensation

There are some jobs that, due to their nature, have a higher risk of injuries than others.

Those working in the manual labour industry are more likely to suffer from work place accidents than others. However, an extraordinarily high number of fatal injuries that occur in the work place happen on farms. Farm workers account for only 1.7% of the UK workforce, but 16% of all fatal injuries happen to farm workers.

There are several reasons why these unfortunate statistics exist; farms are dangerous places where there are ample opportunities for safety mishaps and accidents. Farming equipment is mostly heavy, dangerous machinery; there are high levels of noise that can be damaging to worker’s health, and chemicals and pesticides are often used on farms, which when used incorrectly can lead to injuries. Farms are also mostly located far away from hospitals and clinics, meaning that sometimes farm workers do not get the care that they need as quickly as other workers can.

Every employer has a duty of care to their employees, and on a farm, where safety is paramount; this duty of care is incredibly important due to the dangerous working environment. Safety training is essential for all farm workers, and safety measures must be properly adhered to. It is vital that farm workers have access to all necessary safety equipment, and if an accident occurred because the correct safety equipment was not available to a farm worker, their employer would therefore be negligent and culpable for the accident. Farm owners must anticipate situations where accidents could occur, and do their best to provide the necessary equipment that will offer the highest protection possible for their workers.

If an injury occurs whilst working on a farm, the effects can be devastating for those involved. Often if you are a farm worker, this will be your only source of income, and any time spent away from your work could result in a massive loss of earnings. If an accident happened due to an employer’s negligence, the farm worker could be entitled to compensation for any injuries that they have suffered. Any injury that has occurred through a farm accident can only be claimed for within three years of the accident happening.

Sometimes when people work in a dangerous industry such as farming, where accidents are commonplace, they do not think about claiming compensation because they believe that injuries are to be expected in their workplace. However, it is important that farm workers are aware that they have the right, just like any other worker, to be compensated for an accident that was the fault of their employer, and not themselves.

If you have been injured in a farming accident, contact an injury solicitor to determine if you have a case for compensation.
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Wednesday 23 September 2009

Military Lawsuits

In the US, legislation has been introduced that would overturn a 1950 Supreme Court decision which bars military malpractice lawsuits by active duty service members, allowing them to sue the federal government for damages caused by negligent medical care.

The bill, originally drafted by Rep. Maurice Hinchey of New York State, is currently moving through the House or Representatives and would allow active duty military personnel to pursue medical malpractice lawsuits against the government for negligence resulting in injury or death.

The bill seeks to reverse a 1950 U.S. Supreme Court decision in Feres v. United States, where the high court ruled that the United States is not liable under the Federal Tort Claims Act for injuries to active duty armed forces personnel sustained as the result of negligence. It prevents families from filing wrongful death lawsuits when military personnel are killed as well.

The Feres Doctrine, as it has come to be known, came as a result of a lawsuit that charged the government with negligence after a soldier died in a fire while assigned to a barracks known to have a defective heating plant. The decision has been used as a basis to bar all negligence claims against the government by active military, including medical malpractice lawsuits.

Hinchey said the bill would only apply to military personnel who were injured by medical negligence, and would prohibit claims of negligence that occurred during “combatant activities” during time of armed conflict.

Critics of the bill, both in the US and here in the UK, say that excluding combat personnel is unfair, and that the courts should first explore solutions that would permit the military to compensate personnel for negligence through existing channels, without opening up the government to malpractice lawsuits by active military.
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