Farmworkers encounter many safety hazards in the course of performing their jobs in South Carolina’s fields, farms and agricultural operations. Farmworkers work outdoors in all types of weather including extreme heat. They are exposed to hazardous pesticides and herbicides. They operate large farm machinery and may sustain a crush injury if an arm or leg gets caught in the machinery. They drive slow-moving tractors and other equipment on the road and may be injured in a traffic accident.
If you or a loved one has been injured in the course of farm work, it is important to understand your legal rights. Your vital work supports not just your family but our community. If you think someone else caused your accident, you may be able to pursue a personal injury claim. At Joye Law Firm, we want to help rebuild your financial resources after your injury. Don’t wait to discuss your legal options.
South Carolina Agriculture
Agriculture in South Carolina is big business. According to the South Carolina Department of Agriculture, agribusiness accounts for 41.7 billion dollars a year and employs over two hundred thousand workers. Nearly five million acres of the state are dedicated to farmland, which grows fruits and vegetables like tomatoes, watermelon, and our famous peaches. In addition to fruits and vegetables, many farms raise livestock, especially poultry. Farms also produce commodity crops like soybeans, cotton, and tobacco.
Given the importance of South Carolina’s agricultural industry, the compassionate lawyers at Joye Law Firm believe farm workers deserve competent, dedicated legal representation when they are injured. A farm injury may require significant treatment and rehabilitation.
When that injury was caused by someone’s negligence or recklessness, you shouldn’t have to bear the costs alone. Our attorneys can help you explore your legal options.
What Prevents Farm Laborers from Accessing Workers’ Compensation?
Under South Carolina’s current system, there’s no guarantee of workers’ compensation benefits for farmworkers. South Carolina does not require agricultural employers to carry workers’ compensation insurance to protect injured farm laborers. Some employers voluntarily carry workers’ compensation insurance.
However, if you are injured while working as a temporary H-2A worker in South Carolina, your medical care and reimbursement of lost wages should be covered by workers’ compensation insurance provided by your employer.
Farmworker Justice has compiled some resources about the current state of workers’ compensation for farm laborers in the country, organized by each state.
Pursuing Full Compensation for Farm Injuries
If your employer does not have workers’ compensation insurance, you may still have a right to pursue a claim for your work-related injuries. In certain situations, it may be appropriate to file a personal injury lawsuit seeking compensation for your medical bills and related injury expenses. This requires gathering evidence to prove that your injury was caused by someone’s negligence or recklessness.
Our experienced Charleston lawyers will work hard to prove that your injury deserves to be compensated under South Carolina personal injury law.
When you contact Joye Law Firm, we’ll begin by assessing your accident. We’ll ask questions and try to understand exactly what caused your injury. We’ll build a legal case that describes how your injury was caused by the at-fault party. We’ll work to document how your employer or another at-fault individual or business violated their duty of care when you were hurt.
We’ll send a demand letter to the responsible party that details your injuries and losses related to the accident. The insurance company may decide to settle right then. Sometimes, we’ll negotiate with the insurer to get them to agree to pay you a fair settlement. If the person who hurt you and their insurance company fails to offer you fair compensation for your injury, we’ll take your case to court.