Am I entitled to workers’ comp after a grain entrapment accident in North Carolina?

In North Carolina, whether a farmworker receives workers’ compensation benefits after a grain entrapment accident depends on the size and nature of their employer’s business.

Specifically, a farmworker is eligible for workers’ compensation benefits if they work for an employer with 10 or more full-time, non-seasonal employees or if they are an H-2A worker (a temporary agricultural worker under the federal H-2A visa program).

Unfortunately, many farmworkers do not meet these criteria. Typically, only large or corporate farm operations employ 10 or more full-time, non-seasonal employees. As a result, a significant number of farmworkers in North Carolina, especially those working for smaller or family-run farms, may not be covered under the state’s workers’ compensation laws.

This means that in the event of a grain entrapment, these workers might not have access to workers’ compensation benefits unless they fall under one of the exceptions, such as being H-2A workers.

What workers’ comp benefits are available after a grain entrapment injury or fatality?

After a grain entrapment injury or fatality in North Carolina, if the farmworker is covered under workers’ compensation, several types of benefits might be available:

• Medical benefits. Workers’ compensation should cover all necessary medical expenses related to the grain entrapment injury. This includes hospital stays, surgeries, medications, physical therapy, and any other required treatments.
• Wage loss benefits. If the grain entrapment injury results in the worker being unable to work, they may be eligible for disability benefits. These benefits typically equate to two-thirds of the worker’s average weekly wage and are categorized into temporary total, temporary partial, permanent partial, or permanent total disability, depending on the severity and duration of the disability.
• Vocational rehabilitation. If the worker cannot return to their previous job due to their injuries, they may be eligible for vocational rehabilitation services, which can include job retraining, education, and other resources to assist them in returning to work in a new capacity.
• Death benefits. If a worker dies from a grain entrapment, their dependents may be entitled to death benefits, which usually include a portion of the worker’s wages and coverage for funeral expenses.

It’s important for affected workers or their families to consult with a workers’ compensation attorney to verify their eligibility for workers’ comp and ensure they receive all the benefits they’re entitled to, especially in cases involving serious injuries or fatalities.

What legal options are available for workers who don’t qualify for workers’ comp?

Farmworkers not covered by workers’ compensation may consider filing a personal injury lawsuit against their employer, a coworker, or an equipment manufacturer.

However, in a personal injury lawsuit, unlike in workers’ comp claims, the worker must prove fault. This means showing that the employer, coworker, or manufacturer’s negligence or intentional actions directly caused the injury.

For example, if an employer failed to provide necessary safety measures or a coworker acted recklessly, they could be held liable. Similarly, if defective equipment led to the injury, the manufacturer might be at fault.

If you believe one of these situations applies in your case, it’s essential to consult with a work injury attorney who can help establish fault and pursue appropriate compensation for damages such as medical expenses, lost wages, and pain and suffering.