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About this blog

The authors of this blog are lawyers or consultants employed by the RCT Group of companies, which includes staff who work mainly within our Stringer Clark offices.

From time to time, we may also invite guest bloggers to contribute, in which case this will be made clear. Authors who are part of the RCT Group are qualified to practice law in Victoria, Australia. Any advice applies to Victorian State law.

Residents of other Australian States or Territories or countries are advised to seek legal advice from a lawyer practising in their own area, as laws may vary from region to region.

Recent Authors

Christian Farrelly is a solicitor whose professional focus is superannuation. He also has an interest in commercial and criminal law and wills and probate.

Shaun Marcus is an associate with RCT who specialises in workers compensation.

Philip Gardner is a Partner and leads the firm's Industrial and Employment practice. Philip has acted on behalf of Unions and numerous employees in cases conducted in most jurisdictions including the High Court, Federal Court, Federal Magistrates Court, Fair Work Australia and Victorian State Courts and Tribunals.

Creon Coolahan has extensive experience in a range of practice areas with a focus on injury law and employment issues.

Michael Burdess joined Stringer Clark in early 2006 and practices in the area of personal injury including WorkSafe and TAC.

Don't let a bumper crop turn into a grim harvest

By Michael Burdess, with thanks to Tanya Neilson

Good weather and bumper crops may also yield a bitter harvest of farm injuries for any farmer who tries to take short cuts.

WorkSafe has already rightly issued stern warnings to farmers about the increased risk they run if they try to cut corners while gathering in this season's crops.

This comes on the back of record numbers of farm injuries across country Victoria, and the alarming statistic that so far this year, half of all workplace deaths across the State have occurred on farms.

I work in a regional city that is the centre of a large agricultural industry in South West Victoria. Already this year, as harvest season takes off, our firm has advised several clients who have suffered accidents while working on a farm, either as the farm owner or as an employee. While the warning is getting out to farmers not to cut corners, I find that the compensation message is not, and that many of the people who come to us have a poor appreciation of access to compensation.

Preventing injury is always the number one priority, but accidents happen, and if they do farmers and farm workers need to know their rights.

If WorkSafe has made it publicly known that their emergency response line is buckling under the deluge of injury reports, you can bet that for every injury reported there are three that are not. The number of people missing out on support is likely to be huge.

Under reporting of accidents on farms is endemic.

The big difference between a factory and a farm is that it is not always clear who is the boss and who is the worker on a farm. For example, many share farmers might think that they are not covered by WorkSafe. It may come as a surprise to many that they are actually covered in some circumstances and are entitled to claim for medical expenses, loss of earnings and a lump sum.

People considering entering into share farm arrangements should seek advice as to whether they will be covered and, if not, make their own arrangements for insurance.

Different rules apply to family members of share farmers and it just makes sense to ensure you and your family are properly covered should the unexpected happen.Employees on farms, no matter what their role, position or circumstances, will be covered and should not listen to any advice to the contrary.

Country people are a tough lot and they tend to cop their injuries, which is fair enough, but you can really be doing yourself an injustice by not finding out what short of help might be available.

It is always better not to run risks, especially when you're keen to make sure your bumper crop isn't drowned by heavy rains, but inevitably accidents happen, and that's why we have a government-run, no-fault compensation scheme. It is bad enough for you and the family having to cope with the physical pain and incapacity of a farm accident, without having to shoulder the entire financial pain by yourself.

As WorkSafe has reported, there have been a shocking number of deaths on farms in recent months. Those left behind not only have to cope with the devastating loss of a loved one but a massive financial burden as well. While it is probably the last thing on your mind in these situations, WorkSafe have obligations towards you and you need to know what they are.

It just makes sense to make that call for legal advice, just to clarify your rights.

Top five farming accidents*

• Machinery - hands stuck in balers or wool presses or injured while repairing machinery

• Stock - cow kicks and lifting sheep

• Farm vehicles - i.e. quad bike rollovers

• Shearing - back, knees and shoulder injuries

• Fumes - handling chemicals or cleaning silos.

* Based on number of cases registered with Stringer Clark

Share farming - covered or not?

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