California Farmworkers Accident Lawyer

California Farmworkers Accident Lawyer

Abogados de Acero of California protects farmworkers who have been hurt due to unsafe work conditions on farms, orchards, ranches, and in packing plants. Our farm worker lawyers make sure injured laborers receive the money they need to pay their medical bills and support their families while they can’t work. We fight for our clients and can earn them compensation regardless of their immigration status. Contact Abogados de Acero for a free consultation to find out what your case is worth.

Do I Need A Lawyer After an Accident on a Farm?

If you are seriously hurt after an accident while working on a farm or an orchard, a lawyer can be an important safeguard for your case. You may be eligible for Workers’ Compensation, but it runs out eventually. It also doesn’t cover the physical pain you endure or the emotional damage a serious injury can cause.

However, when you seek help with recovery costs from your boss, a farm owner, or a national agricultural company, you may find it very difficult. When you miss a lot of work and doctor bills are stacking up, employers like to hire lawyers who can find ways to blame you for your accident or talk you into accepting very little for your pain.

Your attorney fights back. Our California Farmworker Accident Lawyers fiercely defend agricultural workers hurt on the job. We fight to secure support that’s fair for all injured workers no matter if they are working under the H-2A Temporary Agricultural Worker Program or are undocumented. California labor laws are in place to protect all workers regardless of immigration status.

Farm Work Dangers for California Employees

Unfortunately, farmworkers often have to sacrifice their well-being to get their difficult jobs done. They can work long hours without breaks, overstrain their bodies, utilize dangerous equipment, and endure unsafe work environments.

The CDC reports that across 2021 and 2022 in the United States, there were 21,020 injuries suffered in agricultural production. (it’s widely known that many farm injuries go unreported)

The U.S. Bureau of Labor and Statistics (BLS) found that 36 California workers employed in agriculture, forestry, fishing, or hunting industries died in 2021.

Abogados de Acero is ready to help injured farmworkers demand the help they need to recover and return to work. Our skilled and compassionate lawyers are also prepared to help families demand support for the future after losing someone to a deadly farm accident.

Most Common Injury Hazards on Farms

Vehicle accidents were the most common cause of injuries involving farmers and farmworkers, but a third of the reported accidents in the U.S. involved a fall. There are many more ways an agricultural employee could be hurt, and sadly, many of them could be prevented.

These are just a few of the common threats to the safety of an agricultural worker that could make a farm owner or operator liable after an accident:

• Equipment hazards – Farm workers can work around and in farm equipment with sharp blades and many moving parts. Employees must have the training to properly use these tractors and harvesters safely. Another employee may operate a piece of machinery in a reckless manner and end up hurting you. A piece of equipment, like a grain elevator, may malfunction. Your employer could be fully accountable for supporting you as you heal.
• Traffic Accidents – Farm workers may suffer injury while driving farm trucks and vans on an employer’s property or delivering goods on local highways. Companies should have auto insurance covering any workers injured in collisions while driving vehicles for the farm.
• Overworked employees – Farm owners and operators can ask employees to work longer hours, but they must provide regular rest breaks and meal breaks. When employees are physically exhausted or go without sleep, they are more likely to get into accidents. Farm owners and agribusinesses should be held liable.
• Exposure to weather conditions – Employees must be protected from extreme temperatures, whether hot or cold. Heat stroke or frostbite, numbness, could lead to permanent health issues that an employer would have to accept responsibility for.
• Fall from heights – working in a barn or in a warehouse can place workers many feet in the air. A fall can break bones and cause head trauma. Workers deserve to get the best medical care available and not have to worry about what that care costs.
• Exposure to chemicals – Workers in the fields must have safety equipment provided when working with harmful pesticides and fertilizers. They may develop lung trouble and other issues that can be traced back to an employer’s lack of care.
• Livestock dangers – Working around unpredictable cows and bulls is dangerous and might leave farmhands with puncture wounds and bite wounds.

Your Abogados de Acero representative collects evidence and testimony to show how your employer’s negligence is responsible for the hazard that caused your injury. Eyewitness testimony is gathered and any surveillance video is requested, building a strong case that owners and operators can’t deny.

Who Can I Hold Responsible for My Injury On a Farm?

Injured workers may be able to hold several parties liable for unsafe work conditions and unnecessary risks in farm work.

These are a few of the parties that could be responsible for supporting your family until you’ve healed:

• California’s Worker’s Compensation Benefits – Workers can’t always file personal injury claims against their employers if they are eligible for workers’ compensation. However, when worker’s compensation doesn’t provide enough to help victims through recovery or runs out too soon, the employer may be liable for recovery costs.
• Farm Owners – A small farm owner may not provide workers’ compensation for employees. When employees get hurt, they’d need to file claims against the owner’s liability insurance.
• Agribusiness Owners – When large agricultural companies or manufacturers don’t do everything they can to protect their employees from harm, victims may have to file personal injury lawsuits to secure the help they need. Large corporations can afford corporate lawyers to work to limit the support victims get. It’s critical that victims have their own legal representation through Abogados de Acero to even the fight.
• Land Owners – A farm or orchard may be run by a farmer, but the land could be owned by a separate property owner. That owner may have liability for any unsafe conditions allowed on the property.
• Packing and Canning Plant Owners – The owners of canning facilities, and packing plants are liable when their unsafe factories cause workers to get hurt.

• Tractor or Equipment Manufacturer – A problem with a piece of farming or canning equipment that harms workers could be cause for a lawsuit. A design flaw or part breakdown could lead to responsibility for the manufacturer.

What Kinds of Hardships Can I Earn Compensation For After a Farm Accident?

Injured farmworkers and their families may fall behind on medical bills and on normal monthly bills, like car payments, the rent, and the power bill.

Victims and their close relatives should be able to count on support as long as necessary without worrying about how they will survive financially.

Your Abogados de Acero attorney demands support for basic necessities and more. This is a list of some of the things that should determine the size of a farmworker injury settlement check:

• Totals of past, present, and future medical expenses.
• Lifetime support estimates if the victim is permanently disabled or disfigured.
• Support for physical pain experienced.
• Support for the emotional trauma suffered in an accident and during a difficult recovery. This can include depression, anxiety, and PTSD symptoms left behind by a scary accident.
• Reimbursement of travel expenses. Traveling to medical appointments while in a cast or in a wheelchair will be expensive.
• Reimbursement of damage to personal property.
• Replacement of income and benefits lost by patients when they cannot handle their job duties on the farm.

Frequently Asked Questions

How long do I have to file an accident claim over my farming injury?

Two years. You have 24 months from the date of your accident and injury to file a claim in California. Let your lawyer examine your case as soon as possible so that fresh evidence and witness testimony are easier to secure.

Can I receive compensation after a California accident if I’m not a U.S. citizen?

Yes. Immigration and citizenship status do not affect your rights to seek compensation after a farm accident. Victims can file to receive support after work injuries while remaining protected.

Can my employer retaliate if I file an injury claim as an undocumented worker?

California law makes it illegal for farm owners and agricultural companies to report workers to ICE simply for asking for help after a workplace injury or for pointing out unsafe conditions. Maison Law would see that an employer faces punishment and fines while continuing to seek full compensation for clients.

Contact a California Farmworker Lawyer

Abogados de Acero serves all injured California farmworkers and their families. Contact us today to schedule a free and confidential case consultation. It’s a no-risk opportunity to learn more about the benefits available to you and your family.

There’s no obligation for your free case review, but if you feel we can help you earn more for your injury claim you won’t need any money to hire us. Abogado de Acero doesn’t get paid unless we win your case for you and your family. Once you’ve earned a victory, our fee comes out of the award an insurer must pay you.