Workers’ Comp for Farmers and Farmworkers in North Carolina

How to receive compensation if you were
injured on the job

According to the Farmworker Advocacy Network, farmwork is one of the top 3 most dangerous jobs in the United States.

Despite being the state’s largest industry, agriculture and farmworkers rank among the least well-off citizens.

In the United States, there are an estimated 3.7 million farmworkers, including 2.6 million family farmworkers and 1.13 million hired workers. North Carolina alone employs approximately 150,000 farmworkers, most of whom are migrant workers.

Family farmers generally own and operate their farm businesses, while hired farmworkers may be assigned to specific jobs such as field crop workers, livestock workers, harvesters, sorters, and more. Some of these workers are employed by family farmers, while some work for farm labor contractors or large corporate farms.

Farmworkers in North Carolina who suffer injuries at work may be entitled to workers’ compensation benefits. Many farms are required to carry workers’ compensation insurance under state law to cover medical expenses and lost wages for injured workers.

During a free consultation, a work injury attorney at Wilder Pantazis Law Group can analyze the circumstances of your injury and employment and go over your eligibility to file a workers’ compensation claim.

Farmworker injury statistics

Farmwork is dangerous.

Farmworker death rates in North Carolina are greater than the national average, and at least 1 in 4 farmworkers report having been hurt at work at some point in their lives.

According to the Centers for Disease Control and Prevention (CDC), in 2020, there were 368 farm work-related deaths, resulting in a fatality rate of 18.0 deaths per 100,000 workers. Transportation accidents, including tractor overturns were the leading cause of death for these farmworkers.

By contrast, the “all workers” fatality rate in the U.S. was only 3.6 per 100,000 full-time equivalent workers.

Common farmworker accidents and injuries

Farming is a very physically demanding occupation that comes with numerous risks. Farmwork injuries frequently result from activities like lifting heavy objects, operating dangerous machinery and performing repeated motions, including stooping without rest.

The following are the most common farmworker accidents and injuries:

• Heat stress. The hot summers in North Carolina can quickly lead to heat sickness among farmworkers. Heat stroke, a potentially fatal illness, can develop from heat stress. If a farmworker does not receive immediate medical attention for heat stroke, it could result in death or lifelong disability.
• Overexertion injuries. Farmwork is physically demanding and frequently entails pushing, hauling and lifting loads in the care of both crops and livestock. Overexertion or the repetitive actions of lifting or bending over for extended periods of time can cause farmworkers to sustain muscular strains, torn ligaments and other ailments.
• Motor vehicle accidents. Farmworkers run the risk of fracturing bones while performing their duties. These injuries frequently come about as a result of more severe accidents, such as those involving heavy farm machinery or vehicles. More than half of farm equipment collisions in North Carolina end in harm or death. In farm vehicle accidents, fatalities are five times more likely.
• Grain accidents. Suffocation does not frequently come to mind while discussing agricultural mishaps. For workers who spend time in or close to grain elevators and silos, it’s still a major risk. Moving grain has the ability to capture and choke a worker in a matter of seconds since it behaves like quicksand. One of the main causes of mortality in grain bins is suffocation.
• Amputation. Farmworkers who work with farm machinery that lacks adequate safeguards may get an arm or leg or clothing trapped in the machinery’s moving parts. A worker may sustain serious injuries, including the loss of arms, legs, hands or feet.
• Falls. If a farmworker falls from a barn or other heights, it can lead to degloving injuries, broken bones, spinal cord injuries, traumatic brain injuries and paralysis.
• Exposure to toxic chemicals. Breathing problems and lung damage can result from exposure to toxic pesticides and herbicides that are frequently used on farms.
• Injuries from animals. Head injuries and other bodily injuries are common for farmworkers after being kicked or trampled by livestock.

Do farmworkers qualify for workers’ compensation?

North Carolina law requires most employers with 3 or more employees to carry workers’ compensation insurance. However, a farming employer is only required to carry workers’ compensation insurance if they employ 10 or more full-time, non-seasonal employees.

An exception applies for farming operations that employ H-2A workers (temporary, nonimmigrant foreign workers). Any farming business that employs H-2A workers is required to provide workers’ compensation insurance benefits to those workers in case of an injury.

North Carolina workers’ compensation is a no-fault insurance program. If you’re injured on the job, you don’t have to prove your employer was at fault.

However, North Carolina workers’ compensation laws are complex, and strict rules govern the filing of your claim, so it’s always best to contact an experienced workers’ compensation attorney to help you with the process.

Workers’ compensation benefits for farmworkers

Workers’ compensation is intended to supplement your income while you’re recovering from your injury as well as cover certain expenses. Workers’ comp benefits may include coverage for the following:

• Medical and rehabilitation treatments
• Income loss of up to two-thirds of your average weekly wage
• Partial disability and total disability benefits
• Disfigurement
• Death benefits for dependents

In order to receive benefits, an accident report needs to be filed with your employer within 30 days, and a workers’ comp claim must be filed within 2 years from the date of your injury. In addition, you must be seen by a workers’ comp-approved physician.

Limitations on workers’ comp eligibility for farmworkers

There are legal and practical limitations on farmworker eligibility for North Carolina workers’ comp benefits.

As previously mentioned, legally, a farmworker is eligible for workers’ comp benefits if they work for an employer with 10 or more full-time non-seasonal employees or are an H-2A worker. As a practical matter, many farmworkers do not meet those qualifications. Typically only large or corporate farm operations employ 10 full-time non-seasonal employees.

There are other obstacles to overcome besides a lack of employer coverage. Farmworkers are often reluctant to file claims for fear of employer retaliation.

Additionally, although benefits cannot be denied to undocumented workers, these workers may fear that if they file claims, their status will be revealed.

Alternative remedies for farmworkers

An injured farmworker who is not eligible for workers’ compensation benefits has alternative remedies, which are sometimes better.

Many farmworker injuries result from faulty machinery. Often the machinery manufacturer is at fault, in whole or in part, for the accident and damages.

If you’re a farmworker who was injured on the job, you might be able to file a personal injury case against your employer, a 3rd party or both.

Proving fault in a personal injury claim

However, unlike in a workers’ comp case, you’ll need to prove the other party was at fault for your injury through a personal injury case.

To prove fault in a personal injury case, a plaintiff must prove the following:

• There was an injury;
• The defendant had a duty of care that they breached; and
• The defendant’s negligence or intentional act was the proximate cause of the injury.

They must also prove the amount of allowable damages.

Advantages of a personal injury claim

Some advantages to a personal injury lawsuit include:

• You can sue your employer for pain and suffering, among other non-economic damages.
• You can sue your employer for punitive damages.
• You can sue 3rd parties as well as your employer.

Consult a workers’ comp attorney for help with your farm injury case

Workers’ compensation and personal injury cases are complicated, and it’s not always easy to understand your rights. Benefit eligibility differs depending on your employer, the severity of your injury, your employment status and other factors. The best way to protect your rights is to contact an experienced workers’ compensation lawyer who can evaluate your individual case.

Our Charlotte workers’ compensation attorneys at Wilder Pantazis Law Group are committed to helping workers in North and South Carolina recover maximum compensation for their injuries.

We offer free initial consultations, and we work on contingency, so you won’t pay a fee unless we win your case.