How to File a Workers’ Compensation Claim for a Farm Accident in Mississippi

Working on a farm involves significant risks, and accidents can lead to serious injuries. If you’ve been hurt in a farming accident, you might be eligible for workers’ compensation to help cover medical expenses and lost wages while you recover. Here’s a guide to filing a workers’ compensation claim for a farm accident in Mississippi.

Why is farming work so dangerous?

According to the Centers for Disease Control and Prevention (CDC), farming and agriculture work is one of the most dangerous jobs in the world. Between 2021 and 2022, there were over 21,000 job-related injuries that resulted in employees taking multiple days off work. In 2022, workers in the farming, agricultural, and forestry industries had one of the highest death rates (18.6 deaths per 100,000 full-time employees) when compared to other industries (3.7 deaths per 100,000 full-time employees). While these numbers may be alarming, the CDC explains that there is a lot of underreporting in this industry, meaning that the actual numbers are likely much higher.

There are many reasons why farming work is so dangerous, including:

• Heavy Machinery: Farmers often operate large, powerful equipment that can cause severe injuries if not handled correctly.
• Hazardous Weather: Farm work exposes employees to extreme weather conditions, such as intense heat, cold, rain, and snow.
• Physical Demands: The job requires strenuous physical labor, which increases the risk of injury.
• Toxic Chemicals: Frequent exposure to pesticides and other harmful substances can lead to health issues.
• Elevated Work Areas: Working on elevated structures like silos or ladders poses a fall risk.
• Suffocation Risks: Working around silos and grain bins can lead to suffocation.
• Loud Noises: Constant exposure to loud machinery can impair hearing and mask potential hazards.

Can I file a workers’ compensation claim for a farm accident in Mississippi?

If you have been injured in a farm accident while performing your job-related duties, you may be able to file a workers’ compensation claim. However, the success of your claim will depend on the facts and details of your accident and injuries.

For example, if your accident occurred because the machinery you were operating was defective, you may be able to instead file a personal injury claim against the machinery’s manufacturer. To find out your options and determine which type of claim you should pursue, it is recommended to consult with a Mississippi workers’ compensation lawyer at your earliest convenience. In some cases, you may be able to file both a workers’ compensation claim and a personal injury claim, which will ensure that you receive the maximum compensation possible.

What will workers’ compensation cover if I am approved?

If your claim is approved, workers’ compensation typically covers:

• Your medical care and attention
• Part of your lost income and wages
• Disability and permanent injuries
• Funeral and burial expenses if death occurs
• Ongoing rehabilitation and care

You must prove that your injury occurred while performing work-related duties to qualify for these benefits.

Are employers in Mississippi required to provide workers’ compensation to farm workers?

Mississippi requires all employers with at least five regular employees to carry workers’ compensation insurance. However, in some states, including Mississippi, employers in the farming industry are not required to provide workers’ compensation insurance regardless of how many employees they have. If you would like to file a workers’ compensation claim for your work-related injuries that occurred in a farm accident, you will need to speak with your employer and find out whether they carry workers’ compensation. Even though they are not legally required to carry it, they do have the option of voluntarily purchasing it to protect their employees in the event of an accident.

What should I do after a farm accident if my employer has workers’ compensation?

If you are injured in a work-related farming accident and your employer has workers’ compensation, you should take these steps:

• Obtain medical treatment as quickly as possible: Regardless of how minor you may think your accident or injury is, you should obtain medical treatment right away. By going to the hospital, urgent care, or a doctor’s office, you will not only have proof of your accident and injuries, but you will also receive the personalized medical attention that you need to get on the path of recovery as soon as possible.
• Report the accident and injury to your supervisor, manager, or employer: Mississippi gives you 30 days to report your accident and injury to your supervisor, manager, or employer. However, you should inform them in writing of your accident and injury as soon as you are able to do so. This ensures that they are aware of your injury and that you can preserve evidence before it becomes destroyed, tampered with, or starts to disappear.
• Report the accident and injury to the Mississippi Workers’ Compensation Commission: You should also report the accident and injury to the Mississippi Workers’ Compensation Commission. You should do this in writing to ensure that they are aware of your injury and accident and are expecting your employer to notify them. If your employer fails to inform them about your accident and injury, you will have proof that you took the proper steps to report it.
• Collect convincing evidence: The next step is to collect convincing evidence such as photos, videos, prescriptions, medical records, doctor reports, surveillance footage, witness statements, bills and receipts, and more. This will help you prove your accident and injuries occurred on the job and that you are entitled to workers’ compensation benefits.
• Reach out to a workers’ compensation attorney: Trying to meet deadlines, gather evidence, and speak to insurance companies while also healing and recovering from your injuries can be very challenging. Therefore, it is recommended to reach out to a workers’ compensation attorney right away for help and guidance throughout this difficult process. They will ensure that you complete all forms, turn in necessary evidence and documentation, and meet all required deadlines for workers’ compensation.

What other options do I have if workers’ compensation is not available through my employer?

If workers’ compensation is not available through your employer, you may have the option of filing a third-party lawsuit. However, before you pursue this option, you must make sure that a third party is responsible for your work-related farm accident. For example, if you were riding on a tractor that your manager recently picked up from a repair shop and it malfunctioned and tipped over, you may be able to file a third-party lawsuit against the repair shop for failing to fix the issues that caused your accident and injuries.

Another example is if you are using a ladder that collapses, you may be able to file a third-party lawsuit against the manufacturer or seller of the ladder. You may also be able to file a personal injury claim against your employer for any injuries you sustain while on the job. Therefore, if you feel lost and hopeless because your employer does not offer workers’ compensation for farm employees, we want you to know that there are likely other legal options available for your case.

Have you recently been injured in a farming accident? If so, the attorneys at Merkel & Cocke, P.A. are here to help. With more than 40 years of experience assisting farmers with workers’ compensation and personal injury claims, we have learned about the difficulties and complications that farmers often face when it comes to getting justice for their work-related farm accidents. Therefore, when you work with us, you will have an experienced, skilled, and knowledgeable team in your corner, working endlessly to help you obtain the compensation you need and deserve to get your life back on track. Please call our office or submit our contact form to schedule a free case review in Jackson, Clarksdale, Greenville, or Oxford to begin learning about your legal rights and options today. We also have access to the best resources and experts around.