Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
Many laborers assume that they are protected by worker's compensation insurance no matter where they work, but some industries get a free pass to avoid paying for the injuries of their employees. The regulations on which businesses must carry this kind of insurance also vary greatly from state to state. Find out why agricultural workers in particular need to check into the protection offered by a farm employer before accepting a job offer.
Broad Legal Exemptions
In most states, the laws are set up to recognize that agriculture is an inherently unique industry with different risks and profitability challenges than other businesses. This has led to dozens of states setting relaxed rules on worker's compensation coverage for farms. Some states base the requirements on the size of the farm and number of employees, while 16 states waive the rights of certain types of workers only.
Seasonal Considerations
In the Midwest and Southeastern states, it is common for farms to get a free pass on skipping worker's compensation if they only employ seasonal and temporary employees. If you're a migrant worker who moves around as the different harvest come in, you're likely foregoing any chance of being compensated for medical costs related to a work injury. Taking a full-time and fixed position increases the likelihood you'll be covered by worker's comp insurance.
Job Responsibilities
Aside from your working habits and the size of the farm, the responsibilities you handle on the farm play a big role in determining your rights for compensation. If you only ever handle crops and care for livestock, you're likely left in a loophole without the right to sue your employer over injuries. However, taking customers on tours of the farm, driving a delivery vehicle, or cutting the lawn of the farm owner can make you a non-agricultural employee with a whole new set of rights. Of course, these rules are independently decided by each state too.
Coverage Descriptions
Since it's tricky to tell what you're entitled to when working on a farm, get a job description in writing from any farm offering employment. Take that description to a worker's compensation lawyer and ask them what protections are available for you based on local laws. You can also use this job description and the lawyer's help in court if a farm fails to carry the right insurance or tries to get out of paying for your medical bills. Don't let a fear of getting shut out of the industry keep you from fighting back when your rights are violated.
For more information, contact Hardee and Hardee LLP or a similar firm.
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