Agricultural / Forestry
Accident Claims FAQs

The Health and Safety Executive has excellent guidance to help comply with legal duties and, more importantly, to stay safe. Risk assessment in agriculture should be carried out with a view to:

• putting in place safer working systems;
• providing suitable equipment, including personal protective equipment (PPE) when necessary;
• providing appropriate information, instruction and training to everyone who does the work, including those who manage and supervise.

Farms have health and safety duties to people working on them, including. If you are undertaking work for another person, such as another self-employed contractor, you should check whether they have the right insurance, in case you are injured whilst working for them.

In its ‘Management of Health and Safety Forestry’ booklet, the HSE recognises forestry is a high-risk activity. A number of health and safety tasks ought to be tackled when managing forestry operations, including:

• completing risk assessments;
• selecting suitable equipment for the job;
• protecting public health and safety;
• setting out safe working procedures;
• ensuring people are adequately trained;
• supervising the work.

Chainsaw operators should be properly trained and have the right certificates of competence for their work. The equipment should be properly maintained and they should be wearing the correct chainsaw Personal Protection Equipment (PPE), which should be in good working order.

Similarly, the machine operators should be properly trained and any equipment appropriately maintained. Being able to adapt to work in different weather is important in forestry work, as is being able to work on steep and difficult ground. All of this can be very hazardous.

It is not always immediately clear whether a person is truly an independent contractor or in reality an employee. Much will depend upon the precise circumstances of the relationship concerned. In agriculture and forestry work, a person referred to as being an independent, self-employed contractor is often an employee for the purposes of health and safety legislation. Important factors can include who provided the work equipment and who was responsible for how the work was to be undertaken.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

At NewLaw, we have helped many clients successfully claim for compensation, which has helped them through their recovery process. We can give you access to the best rehabilitation providers and help maximise your recovery after an accident.