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The agriculture industry is a dangerous one to work in. Even if the employer can provide optimal working conditions to everyone, some accidents are still likely to happen.
Due to the nature of the work done in this industry, employees can sustain a wide range of minor and major injuries. According to a study made by the Ohio Agricultural Safety and Health Program, fatalities in this industry have decreased over the past decade.
In 2018, for example, there were only nine fatalities, which is half of the amount that was recorded in 2009 (18 deaths). While newer technologies have allowed workers to perform their tasks safely, it's still essential to understand what their rights are if they get involved in an accident.
Some employers purchase workers' compensation insurance to protect themselves (and their employees) in case an accident happens. However, the coverage for farm workers is tricky to understand since the rules vary depending on the state.
Are employers in Ohio required to provide workers' compensation coverage? How does that affect employees? This page covers everything employees should know.
What Is Workers' Compensation Insurance?
Workers' compensation is a type of insurance. It protects employees in the form of financial and medical benefits. People who become ill or get injured because of their jobs may be entitled to workers' compensation benefits.
Something interesting to note is that, in most cases, this insurance program is one of the only options available for people who want to seek damages quickly after an accident. In other words, they may not be able to sue their employers for extra money after their workers' comp case.
Employers may need to get workers' compensation if they meet certain criteria. If they have a specific amount of regular and seasonal agricultural workers, for example, they may have to provide workers' compensation insurance if the state requires it.
Are Agricultural Employers in Ohio Required to Carry Workers' Compensation Insurance?
Yes. Ohio is one of the 14 states in the U.S. that need employers/business owners to carry workers' compensation coverage. Other states that follow this rule include Hawaii, California, Massachusetts, New York, and more.
What does this mean for employees in Ohio? If someone were to get into an accident, workers' compensation laws encourage them to file a claim. They may be able to get money to cover medical bills, lost wages, and other related expenses.
The only exception to this rule involves sole proprietors. Those who own a smaller commercial farm and have no employees may not need to get workers' comp insurance. Still, if someone were to get injured, they may not be able to seek full coverage through their health insurance company because they don't have workers' compensation.
In Ohio, on-the-job injuries must be handled through a workers' compensation claim instead of health insurance. Some employers advise their workers to lie about the cause of their injuries to get the money, and this is illegal. Both the employer and employee would be breaking Ohio's laws.
Employers in states that don't require workers' comp insurance may choose whether to get it or not. If they want to get it, they must abide by the state's workers' compensation law.
Is It Hard for Farm Workers to Get Workers' Comp Benefits?
It may be complicated to secure workers' compensation claims in some cases. This is because of some specific factors:
Employer Retaliation
One of the main reasons why some workers don't seek damages through a workers' compensation claim is that they fear retaliation. This happens when an employer punishes their worker for seeking compensation or help through a legally protected activity.
Retaliation examples include demotions, salary reductions, reassignments, and even firing. Of course, this is illegal. Unfortunately, many farm workers (including undocumented ones) prefer not to risk losing their jobs.
Those who fear retaliation must seek help from a workers' compensation attorney. They will guide them through the process, ensuring they understand what their rights are at all times.
Limitations for Undocumented Workers
Some states place limitations on undocumented workers, preventing them from seeking full compensation. In some cases, for example, the victim may get medical benefits but not lost wages.
Other states prevent undocumented workers from getting any compensation at all.
Thankfully, Ohio law doesn't discriminate against a person's immigration status. What this means is that everyone, including undocumented workers, can seek benefits through a workers' compensation claim.
Lack of Support
Finding a physician who can handle a farm worker's claim is complicated at times. This is more common in cases involving migrant workers because of language barriers, cultural differences, and more. Some doctors may even be reluctant to handle a case like that.
Besides that, there's an issue when releasing workers to perform their duties again. Usually, an injured worker is allowed to return to work after some time. They will be asked to start with "light duty" work.
The problem is that there's no such thing as "light duty" work in the agriculture industry. What this means is that, even if the person already made a partial recovery, they're at risk of re-injuring themselves.
On the other hand, if they refuse to return, they may risk losing benefits.
The key to navigating these cases is to contact a professional attorney. At Larrimer & Larrimer, there's a team ready to help workers handle their claims. They can also explain the consequences of missing a workers comp deposition.
What If the Employer Must Carry Insurance and Doesn't Get a Policy?
There are potential penalties for employers who are legally required to carry a workers' compensation policy and don't get it.
In this state, the employer would have to reimburse Ohio's Workers' Compensation Bureau for the victim's claim. Moreover, they could face extra penalties, which include fines, sanctions, and even jail time.
On the other hand, if the employer doesn't have workers' compensation insurance, the victim could sue them through a personal injury claim.
What Are Some Potential Injuries That Someone Can Get While Working?
As mentioned, agricultural work is dangerous most of the time. Even a "small" accident can lead to fatal injuries for the farm employee.
Some common injuries include:
Falls
Tractor overturn accidents (or other vehicle problems)
Amputations
Entanglements
Burns
Toxic exposure
Suffocation
Animal injuries
If the accident leads to the victim's death, the surviving dependents may still file a claim to recover damages. They have two years from the date of the accident or discovery of disease to file their case.
What Should Injured Workers Do After Getting Injured?
It's scary to get into an accident, especially if the victim doesn't know what to do next. If the employer carries workers' compensation, the injured employee should file a claim immediately.
The team at Larrimer & Larrimer can walk victims through the entire process, ensuring they don't miss any details that could affect their case's outcome. Filing a claim sooner may increase the odds of the victim getting the money they deserve to recover.
What if the employer doesn't carry this type of insurance? The victim may still file a claim with the BWC. If they get it approved, the BWC will cover the necessary bills and seek reimbursement from the employer.
Getting help from a professional attorney ensures there's no stone left unturned. The agricultural industry is full of hazards, and it's not fair for victims to deal with their own injuries, especially if they weren't their fault.
How Can a Lawyer Help Agricultural Workers Seek Justice?
Lawyers can guide a worker through each step of the claim, from the case evaluation to the compensation stage. It's crucial to get help from a legal professional if the victim is getting threatened or bullied by their employer in any way. In order to get help with a claim, try Larrimer & Larrimer work injury lawyers.
Most employers will encourage or persuade the victim not to file a claim. Even if this is the case, the team at Larrimer & Larrimer will protect the worker's rights. This ensures they get proper care after their injury.
A professional attorney can help victims gather the evidence they need in case the employer wants to fight back. While the injured person doesn't need to prove liability in a workers' compensation claim, it's always better to go prepared.
Bottom Line - Get Your Workers' Compensation Claim Started with Legal Experts
Ohio offers many options to farm workers wanting to seek compensation. Most injuries related to agricultural work aren't a joke and can become fatal quickly. Everyone deserves to work in a safe environment and get compensated if they're involved in an accident.
Since workers' compensation law varies depending on the state, it's crucial to work with a legal professional. Not only does an attorney walk the victim through each step of the process, but they also ensure they defend their rights correctly.
Few employers or insurance companies will work toward the victim's best interest, so why not level the playing field with a workers' compensation attorney?
Larrimer & Larrimer's team has helped many victims navigate their workers' compensation accidents, allowing them to get justice for what happened. Nothing beats the peace of mind that comes from knowing the victim doesn't have to spend anything to cover their treatment.
Those in Columbus, Ohio, may seek a free consultation with this legal firm. At Larrimer & Larrimer, there's a team of professionals willing to help anyone understand their case and build a solid strategy to win.
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