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Compensation for Tractor Overturning on Farm

I would like advice on claiming compensation for tractor overturning on farm. My husband sustained serious head injuries because there were no seatbelts fitted in his tractor cab. Do seatbelts have to be fitted in tractors?

Question:

I would like advice on claiming compensation for tractor overturning on farm. My husband sustained serious head injuries because there were no seatbelts fitted in his tractor cab. Do seatbelts have to be fitted in tractors?

Answer:

Your husband will be entitled to make a claim for compensation for tractor overturning on farm if the injuries he sustained were due to the negligence of his employer providing him with a vehicle which was unsuitable for the work he was doing. Not all tractors on a farm have to be fitted with seatbelts, but there are guidelines about which ones should be in order to reduce the risk of injury in a tractor overturning on farm accident.

Tractors which have rollover protection systems in place must also have set belts fitted to reduce the risk of injury when a tractor overturn accident occurs. If a tractor does not have a rollover protection system, it can only be used for low-risk tasks. Therefore, either your husband could have been driving a tractor designed for low-risk activities while performing a high-risk task, or the tractor he was provided with – that had a rollover protection system – should not have been used as there were no seatbelts fitted.

In this particular case, it is important that you – or your husband if able – speak with a solicitor at the earliest possible opportunity. If your husband´s employer is aware of his negligence and liability in a tractor overturning on farm compensation claim, he may well have seatbelts fitted to the tractor cab after the event. Although the employer will not be personally financially liable for paying compensation for tractor overturning on farm, he may still do it to avoid a fine following any Health Service Executive investigation that takes place.

It is important that evidence of negligence is collected to construct the strongest possible claim for compensation for tractor overturning on farm, and that how much compensation for tractor overturn accident your husband is entitled to is assessed as soon as possible. Once your husband´s employer reports that an injury has been sustained to his public liability insurance company, you may find yourself pressured by the insurance company to accept an offer of tractor overturning on farm compensation.

These offers rarely reflect the full compensation for tractor overturning on farm injuries that your husband is entitled to and, provided that your solicitor has conducted a full assessment of your entitlement, you will know whether to accept the insurance company´s offer or continue to pursue a tractor overturning on farm compensation claim.