
Can I sue my employer for injuries I received while using a piece of equipment/tool while at work?
The good news is that the number of workers injured in farm related accidents in New York and around the country has steadily fallen in the last ten years, and particularly in the last two in New York. The bad news is that farming continues to be one of the most hazardous occupations, with numerous incidents resulting in death and serious personal injury. The most likely culprits are tractor rollover and employees getting caught up in a power take off, or PTO.
What can farmers do to protect themselves and their workers? First, make sure all of your employees are paid on the books and covered by Worker's Compensation insurance. If an off-the-books employee gets injured, in addition to a huge penalty imposed by Worker's Compensation (usually three times the amount you should have been paying Worker's Comp for all employees paid under the table during their term of employment), you will also be sued by the employee and his lawyer for his/her injuries, losing the protection from suit you would normally have enjoyed by paying the employee on the books and providing Worker's Compensation insurance. Next, make sure that all farm equipment has the necessary safety devices attached and in operable condition.
To avoid an accident, farm employees should always remember when working around equipment to keep their clothing and hair tucked in and avoid loose fitting clothes that could get caught up in a PTO. If a tractor is missing a rollover bar or other piece of safety gear, don't use the equipment.
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