Texas Farm & Agricultural Injury Lawyer: Win Compensation
If you were hurt on a Texas farm, ranch, dairy, or feedlot, your options may include workers’ compensation benefits, a negligence claim against a nonsubscribing employer, and/or third-party claims against manufacturers, contractors, or drivers. Deadlines and notice rules vary by claim type. Talk to a Texas attorney early to protect your rights.
Why agricultural injury cases are different
Farming and ranching involve heavy equipment, livestock, chemicals, and long hours—conditions that can turn a split-second mistake into a life-changing injury. Texas operations often use seasonal or migrant labor, third-party contractors, and varied insurance arrangements, including employers that do not subscribe to the state workers’ compensation system. These factors affect how you pursue a claim and who may ultimately pay for your losses.
Common causes of Texas farm and ranch injuries
- Tractor and machinery rollovers; PTO and auger entanglements; missing guards
- ATV/UTV and ranch truck collisions on private roads or public rights-of-way
- Livestock incidents, including kicks, crush injuries, and stampedes
- Grain bin engulfment; manure pit and silo gas exposures; confined space hazards
- Pesticide and herbicide exposure, drift, and applicator negligence
- Irrigation, well, and electrical injuries, including overhead line contact
- Premises hazards on farms, dairies, feedlots, and packing operations
- Heat illness, fatigue-related errors, and inadequate training or supervision
Who may be liable
- Employer: Negligent training, unsafe work practices, lack of lockout/tagout, or failure to provide protective equipment.
- Property owner or operator: Dangerous premises conditions or failure to warn.
- Equipment manufacturers and dealers: Design or manufacturing defects, inadequate warnings, or negligent repairs.
- Third-party contractors and crop dusters: Negligent operations causing injury to workers or neighbors.
- Motorists and commercial carriers: Crashes involving farm vehicles on public roads.
Workers’ compensation vs. nonsubscriber claims
Texas allows most private employers to opt out of the state workers’ compensation system (TDI: Employer Coverage; Tex. Labor Code ch. 406). If your employer subscribes, workers’ compensation is generally your exclusive remedy against that employer, with limited exceptions (for example, exemplary damages in a death case for gross negligence) (Tex. Labor Code § 408.001). You may still bring separate claims against at-fault third parties, such as equipment manufacturers or negligent drivers (Tex. Labor Code ch. 417).
If your employer is a nonsubscriber, you may file a negligence lawsuit against the employer and seek tort damages not limited by workers’ compensation benefits, subject to proof. Nonsubscribers also lose certain common-law defenses (such as contributory negligence and assumption of risk) (Tex. Labor Code § 406.033).
Potential compensation
- Medical expenses and future care (surgery, rehab, prosthetics)
- Lost wages, loss of earning capacity, and vocational retraining
- Pain and suffering, mental anguish, and physical impairment
- Scarring and disfigurement
- Property damage (equipment, ATVs, personal items)
- Wrongful death and survival damages in fatal incidents (Tex. Civ. Prac. & Rem. Code § 71.002; § 71.021)
Tips to protect your claim
- Do not give recorded statements or broad medical authorizations before legal advice.
- Ask in writing for the machinery to be preserved for inspection.
- Document heat exposure, shift length, and training you received.
- Keep a pain and recovery journal with dates and limitations.
Checklist: first steps after a farm injury
- Get medical care immediately and follow treatment recommendations.
- Report the injury to your employer or the property owner in writing.
- Take photos and video of equipment, guards, and the scene.
- Collect witness names, phone numbers, and any incident reports.
- Do not repair or alter machinery until experts can inspect it.
- Save purchase receipts, manuals, and maintenance records for involved equipment.
- Consult a Texas agricultural injury lawyer promptly to protect your rights.
How a Texas farm injury lawyer helps
- Investigates equipment design, guarding, and maintenance issues with qualified experts.
- Traces employment and contractor relationships to identify all insurance policies and responsible parties.
- Preserves and inspects machinery, electronic data, and chemical application records.
- Navigates workers’ compensation or nonsubscriber claims and potential third-party suits.
- Calculates full damages, including future medical and economic losses.
- Negotiates with insurers and litigates when needed to pursue fair compensation.
Deadlines and notice requirements
Texas injury and death claims carry strict filing and notice requirements that can vary based on workers’ compensation status, whether a government entity is involved, and the nature of the claim. Examples (exceptions may apply):
- Personal injury: generally 2 years (Tex. Civ. Prac. & Rem. Code § 16.003(a)).
- Wrongful death and survival: generally 2 years (§ 16.003(b)).
- Workers’ compensation notice to employer: typically within 30 days of injury (Tex. Labor Code § 409.001); DWC claim filing: generally within 1 year (§ 409.003).
- Claims involving a governmental unit: written notice often due within 6 months, and some local charters may require shorter notice (Tex. Civ. Prac. & Rem. Code § 101.101).
Because these time limits are fact-specific and subject to exceptions, speak with counsel as soon as possible.
Evidence that often makes the difference
- OSHA or TDI investigations and safety citations
- Machine data, guard measurements, and compliance with safety standards
- Chemical application logs, safety data sheets (SDS), and drift mapping
- Cell phone, dash cam, and telematics data from vehicles and equipment
- Employment rosters, contractor agreements, and training records
- Prior incident history on the farm or with the machine model
Frequently asked questions
What if I’m paid in cash or seasonally?
You may still have rights; employment status is a legal question that does not depend solely on how you’re paid or the seasonality of work. Speak with a lawyer about your specific situation.
Can family members working on the farm bring claims?
Potentially, depending on insurance, ownership, and who controlled the premises and equipment. The answer can differ for workers’ compensation, premises liability, and product liability claims.
What if I was partially at fault?
Texas proportionate responsibility rules may reduce your recovery by your percentage of fault and can bar recovery if you are 51% or more responsible (Tex. Civ. Prac. & Rem. Code § 33.001).
Can I sue a manufacturer if a guard was removed?
It depends. Product liability may still apply if the product was defective or failed to account for foreseeable misuse. Do not alter the equipment further; consult counsel so experts can inspect it.
Do immigration concerns affect my claim?
Many injured workers can pursue claims regardless of immigration status, but related issues can be complex. Consult privately with counsel.
Get a free consultation
If you or a loved one was hurt on a Texas farm, ranch, dairy, or feedlot, early action preserves evidence and strengthens your case. Our team understands agricultural operations and the legal issues they present. Contact us for a free, confidential case evaluation.
Sources
- Texas Department of Insurance: Workers’ Compensation – Employer Coverage
- Texas Labor Code ch. 406 (Coverage) and § 406.033 (Nonsubscribers)
- Texas Labor Code § 408.001 (Exclusive Remedy; Exemplary Damages)
- Texas Labor Code ch. 417 (Third-Party Liability)
- Texas Labor Code § 409.001 (Notice of Injury) and § 409.003 (Claim for Compensation)
- Texas Civ. Prac. & Rem. Code § 33.001 (Proportionate Responsibility)
- Texas Civ. Prac. & Rem. Code § 16.003 (Two-Year Limitations)
- Texas Civ. Prac. & Rem. Code § 101.101 (Notice to Governmental Units)
- Texas Civ. Prac. & Rem. Code § 71.002 (Wrongful Death) and § 71.021 (Survival)