Farm Legal Advice: Personal injuries claims from farm workers
Particularly Employees Which Is In In File Of Adequate Training Farm The Equipment Use Be Important Must Of Respect Photo Given Operating Such Machinery
Dear Reader,
Do you have public and employer liability insurance for the farm? If so the first step I would recommend is that you should notify your insurance company immediately. The insurance company would then look to see whether there is cover for such an accident and liability would be investigated by the insurance company, it is likely that they will send an investigator to the farm with a view to putting together a report on liability.
Your employee is entitled to bring a claim against you for personal injury and if he wishes to do so, he has to do so within two years after the accident occurs. Before a case can be brought to the courts, an application in Ireland has to be made to the Personal Injuries Assessment Board and the matter can potentially be assessed there.
He would have to get a medical report which would have to be submitted with the application to PIAB. Your insurance should cover the claim but it may impact on your premium going forward and you should discuss with them whether this is the case.
Factors that would be considered when investigating liability or fault would be whether the employee was potentially suitably trained or risk assessed in respect of the tasks that they were carrying out when the accident occurred. It would also be helpful to establish whether he was an employee or an independent contractor.
I note you referred to him as a worker and if you are paying wages to him and dealing with his tax, it is likely he will be classified as an employee rather than an independent contractor. Typically, independent contractors would send invoices for the works that they have done, which would be discharged by you. This is certainly a point worth considering as it could arguably be stated that he would be responsible for the tasks and work he was carrying out if he was classified as an independent contractor rather than an employee.
It is worth noting your health and safety obligation and The Safety, Health and Welfare Work Act 2005 places a duty on employers to provide a safe place of work for all employees and that all equipment to be used by employees for their work is safe and suitable for purpose. Employees must be given adequate training in the use of such equipment which is particularly important in respect of operating farm machinery.
Under health and safety law, you should be identifying hazards and taking preventative action and endeavouring to reduce any risks or accidents. Under health and safety legislation, employers should set out a written safety statement which outlines precautions that are taken to ensure the health and safety of their employees.
If you do not already, I would advise that you put a safety statement in place, identifying any potential hazards. It is advisable that you have routine safety checks in respect of the farm and personal protective equipment should be provided to employees where necessary and they should be properly trained in respect of tasks as they are carried out.
If your employee does bring a claim, I would advise you to notify your insurer and you may need to obtain legal advice.
Email: info@walshandpartners.ie
- Disclaimer: While every care is taken to ensure the accuracy of the information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.
