Cramer and Martinez

Free Consultation408-848-1113

7459 Monterey St., Suite A, Gilroy, CA 95020

Gilroy, CA Farm Worker Injury Attorneys

Lawyers for Agricultural Employees With Work-Related Injuries in Santa Clara County and Surrounding Areas

According to the U.S. Bureau of Labor Statistics, farm workers are among the most susceptible to serious work-related injuries. More than 10 percent of all fatal occupational injuries occur in the agricultural industry, and thousands of injured employees are forced to miss time from work. Coping with a work-related injury can be incredibly difficult, but fortunately, California law requires that employers in the agricultural industry, no matter how large or small, provide workers' compensation benefits to farm workers injured in the course of their work.

At Cramer & Martinez, LLP, we represent injured farm employees in their pursuit of benefits. Through more than 20 combined years of practicing workers' compensation law, we have developed a thorough understanding of the claims and appeals process, and we know how to work with claims administrators and the Division of Workers' Compensation to give you the best chance of a positive outcome to your case.

What Causes Farm Worker Injuries in California?

Workers' compensation covers farm injuries with a wide range of causes, including the actions of people, environmental hazards, and more. Some common causes of work-related injuries among agricultural employees include:

  • Farm equipment accidents: Farm work often involves heavy machinery and equipment, including tractors, combines, plows, and grain elevators. Tractor roll-overs are one of the most common farm equipment accidents, but any piece of machinery can cause an injury if it is not operated safely, or if it is not working properly.
  • Fall injuries: Injuries may result from a fall from a height, perhaps in a hayloft or grain bin, or from a slip and fall accident. Severity can range from relatively minor sprains and fractures to traumatic brain and spinal cord injuries.
  • Pesticide exposure: Long-term exposure to chemical pesticides used on crops can result in skin conditions and other occupational diseases.
  • Respiratory hazards: Farm workers are often surrounded by grain dust, pollen, and other particles in the air. Repeated inhalation over time can cause lung damage and respiratory diseases.
  • Heat exhaustion: Working outdoors in the summer months puts farm employees at risk of heatstroke, heat exhaustion, and hyperthermia. Skin cancer may also develop due to long-term exposure to the sun's ultraviolet rays.
  • Physical exertion: The manual labor often involved in farm work can stress employees' muscles and joints. Immediate injuries like tears and sprains are common, as are repetitive stress injuries like tendonitis.
  • Livestock and other animals: Employees who work with large animals may be at risk of injury. Examples include injuries from being kicked or trampled, or from being thrown from horseback.

Benefits Available to Injured Farm Workers

In order to receive workers' compensation benefits for injuries related to your agricultural occupation, you will need to notify your employer and file a claim as soon as possible after you are injured. Your claim will be reviewed by a claims administrator, who will issue a decision regarding your eligibility. Your attorney can assist with the process of filing your initial claim, and if it is denied, we can help you petition and prepare for an appeal with the goal of reaching a resolution that provides you with the benefits you need.

All employees with work-related injuries are entitled to benefits that cover their medical care, including emergency treatment, medication, and rehabilitation. Depending on the severity of your injury, you may also be entitled to disability benefits. Temporary disability benefits cover a portion of your lost wages while you recover, while permanent disability benefits continue to provide compensation if your injuries prevent you from ever returning to work at your previous earning capacity. Because these benefits are determined in part based on your previous wages, the calculation can be complicated for farm employees, whose compensation often varies seasonally. Your attorney can help you ensure that your benefits are calculated fairly and work to resolve any disputes you may have with the claims administrator.

Contact a San Benito County Farm Injury Lawyer

We are available to help with any questions or concerns you have regarding workers' compensation for injuries from your job in the farm or agricultural industry. For a free consultation, contact us today at 408-848-1113. We serve clients in Santa Clara County, San Benito County, Santa Cruz County, Monterey County, and the surrounding areas, including Gilroy, Morgan Hill, Hollister, Watsonville, Salinas, and San Jose.


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