Find out if you qualify for Georgia workers’ comp benefits or other compensation after a serious or fatal tractor accident in Atlanta
If you’re a hardworking Atlanta worker who operates or works around heavy machinery like tractors, you already know that these machines are essential for getting the job done, but they also come with serious risks. Tractor accidents happen more often than many people think, and when they do, the injuries can be life-changing.
Whether you work with tractors on a farm or a construction site, the dangers are real, and the consequences of a catastrophic injury can impact not just your health but your ability to provide for your family. That’s why it’s so important to understand your rights and legal options after an accident.
In this article, we’ll discuss some common causes of tractor accidents and injuries and explain your options for compensation if you’ve been hurt on the job in Georgia, including whether you qualify for workers’ comp or might be able to pursue other forms of compensation.
If you have questions after reading this article or want to learn more about your legal options after a tractor accident at work, reach out to our skilled Atlanta workers’ compensation attorneys to schedule a free consultation.
What is the #1 cause of accidents for farmworkers?
Transportation incidents, including crashes, are the most common cause of accidents for farmworkers, according to the Centers for Disease Control and Prevention (CDC). These incidents often involve tractors, other farm vehicles, or collisions on roadways and are a leading cause of injuries and fatalities in agricultural settings.
According to the Bureau of Labor Statistics (BLS), transportation accidents accounted for 168 out of 417 fatal agricultural accidents in 2022, making them the leading cause of fatalities in the farming sector.
Did you know?
According to the University of Iowa College of Public Health, about 10% of farmers are injured annually.
What is the most common way serious injuries occur on a tractor?
Of all the types of tractor-related accidents, overturns are the leading cause of serious injuries and death. According to the Great Plains Center for Agricultural Health, 1 in 10 farmers will experience a tractor overturn during their lifetime. These accidents often happen due to uneven terrain, improper operation, or the absence of rollover protective structures (ROPS).
The good news: When used alongside a seatbelt, ROPS are remarkably effective—preventing serious injury or death in 99% of overturn incidents. Unfortunately, many tractors still lack these lifesaving devices, increasing the risk for operators.
It’s also important to note that experience doesn’t always equal safety. In fact, 80% of deaths from tractor overturns involve seasoned operators, making rollover protective structures a must.
For those who survive these accidents, the consequences can be life-altering, with 1 in 7 farmers involved in tractor overturns suffering a permanent disability.
What injuries can someone sustain from a tractor accident?
Common injuries suffered by workers in tractor accidents include:
- Crush injuries. If a tractor overturns or a worker is pinned between the tractor and another object, it can result in severe crush injuries. These may lead to broken bones, internal organ damage, or even amputation.
- Spinal cord injuries. Falls from tractors or rollovers can lead to spinal cord damage, potentially resulting in partial or complete paralysis. These injuries often require extensive medical treatment and rehabilitation.
- Burns and soft tissue injuries. Fires or explosions from fuel leaks or electrical malfunctions can cause severe burns, while falls or entanglements often result in cuts, abrasions, and bruising.
- Head and brain injuries. Being thrown from a tractor or struck by equipment can cause traumatic brain injuries (TBI), ranging from concussions to brain bleeds. These injuries often have long-term physical, cognitive, and emotional effects.
- Limb injuries. Arms and legs can get caught in tractor machinery or crushed in an accident, leading to fractures, dislocations, or amputations.
Tractor-related injuries can be both physically and financially devastating for farmworkers and their families, so understanding your legal options after a serious accident is essential.
What are some safety practices that can prevent tractor accidents?
Preventing tractor accidents starts with ensuring that the equipment is equipped with rollover protective structures (ROPS) and that operators use seatbelts consistently. ROPS create a protective zone around the operator in the event of an overturn, while the seatbelt keeps the operator securely in the seat, preventing ejection and further injury.
As mentioned previously, the vast majority of serious injuries and fatalities during rollover tractor accidents can be prevented when seatbelts and ROPS are used.
In addition to ROPS and seatbelt use, other essential safety practices include:
- Regular maintenance. Keep tractors in good working condition by inspecting brakes, tires, steering, and other critical components regularly.
- Training and awareness. Ensure operators are properly trained to handle the tractor safely, including recognizing hazards like uneven terrain or soft ground.
- Safe speeds. Avoid operating tractors at high speeds, especially on slopes or rough ground, to maintain control and reduce the risk of tipping over.
- Avoid extra passengers. Most tractors are designed for one person. Extra passengers can shift weight, leading to instability.
- Load distribution. Properly balance loads to prevent uneven weight that could cause the tractor to overturn.
- Stay clear of PTO shafts. Keep loose clothing and body parts away from the tractor’s power take-off (PTO) shaft, as it can cause entanglement injuries.
- Be mindful of the environment. Watch for hidden obstacles, ditches, or low-hanging branches, and avoid operating tractors near steep slopes or water sources.
- Use appropriate lighting and markings. For roadway travel, ensure tractors have working lights, reflectors, and a slow-moving vehicle (SMV) emblem to stay visible to other drivers.
What To Do If Your Employer Doesn’t Have Workers’ Compensation Coverage
Learn about your options for compensation and the steps you should take if your employer doesn’t have workers’ comp insurance in Georgia.
Are farmworkers eligible for workers’ comp in Georgia?
Unfortunately, in Georgia, farmworkers usually don’t qualify for workers’ compensation. Georgia law doesn’t require agricultural employers to offer this type of insurance, so most farmworkers injured at work in Georgia are exempt from workers’ comp. However, some employers choose to provide workers’ compensation voluntarily.
It’s a good idea for farmworkers to ask their employers if they have workers’ comp coverage. If they do, injured workers may be able to file a workers’ comp claim to receive benefits for medical expenses, lost wages, and more.
If workers’ compensation isn’t offered, injured farmworkers may still be able to file a personal injury lawsuit. However, to win a suit like this, you’ll need to be able to prove that your injury was caused by someone else’s negligence, like your employer or a manufacturer of defective parts.
Because these situations can be complicated, talking to a workers’ compensation attorney in Georgia is highly recommended. They can help clarify if you’re entitled to workers’ comp benefits after an injury and explore other legal options if you don’t qualify.
Injured in a tractor accident in Georgia?
We can help!
If you or a loved one has been seriously or fatally injured in a tractor accident in Georgia, don’t just assume you have no options for compensation. Get the facts today by scheduling a free consultation with the experienced Atlanta work injury attorneys at Gerber & Holder.
Our attorneys have more than 75 years of experience in Georgia workers’ compensation law, so we know how the system works, and we can help ensure your case doesn’t simply fall through the cracks. Let us answer your questions and help you explore your legal options so you can get the compensation you need to heal, provide for your family, and move forward.
Contact Gerber & Holder Workers’ Compensation Attorneys today to schedule your free, no-obligation consultation.
References
CDC. (2024, May 16). Agriculture Worker Safety and Health. Agricultural Safety. https://www.cdc.gov/niosh/agriculture/about/index.html
Great Plains Center for Agricultural Health. (2014). NASD – Tractor Overturns. Nasdonline.org. https://nasdonline.org/7232/d002442/tractor-overturns.html
Lopes, T. (2015). New study looks at types and causes of tractor-related injuries – University of Iowa College of Public Health. Uiowa.edu. https://www.public-health.uiowa.edu/news-items/new-study-looks-at-types-and-causes-of-tractor-related-injuries/
U.S. Bureau of Labor Statistics. (2023, December 19). TABLE A-1. Fatal occupational injuries by industry and event or exposure, all United States, 2022. Bureau of Labor Statistics. https://www.bls.gov/iif/fatal-injuries-tables/fatal-occupational-injuries-table-a-1-2022.htm#cfoi_at_a1.f.4
