Farming used to be extremely hard, long, and physically daunting work that had little payoff, but to feed the family and a meager income from what was left. As farms grew larger and industrialized there were fewer farmers, but with massive pieces of machinery, gigantic silos with large spinning augers, and more dangers from industrial accidents.
The dangers of farming and agricultural work may surprise you. The job is listed as the fourth most dangerous job in North America. And with the large number of farms and orchards in Washington State, wrongful death and personal injuries due to farming accidents effect local communities almost on a monthly basis.
The fatality rate is so high that it is estimated that for every 100,000 agricultural workers, 35 will die in any given year. There are far more than 100,000 agricultural workers in North America and, because of slim profit margins, a massive number of undocumented workers.
All of these workers are in danger of being killed while on the job. A prime example just happened yesterday in an orchard near Yakima, Washington.
Authorities said that a 35-year-old Yakima man died Monday morning when the tractor he was operating rolled down an embankment on Gilbert Road, southwest of Yakima. Yakima County Coroner Jack Hawkins identified him as Joaquin Aron Corona Ponce.
Hawkins said Ponce was operating the tractor that was pulling a sprayer at an orchard owned by Borton and Sons Inc. in the 14200 block of Gilbert Road. Ponce appeared to be turning at the end of a row of trees when the sprayer began to tip over, pulling the tractor with it. Ponce was thrown from the tractor seat and crushed by the tractor.
Other orchard workers found Ponce down the embankment and immediately called authorities.
Hawkins said Ponce suffered extensive internal injuries. Yakima County sheriff’s office said fire and ambulance crews tried unsuccessfully to revive him and he was pronounced dead at the scene.
The Washington State Department of Labor and Industries (L&I) is investigating the accident. They are not only looking at the cause of the incident, but also whether the proper safety measures were taken by both the employee and the company that owns and operates the orchard.
Authorities have indicated that the victim was not wearing the seatbelt provided on the vehicle. They have not determined whether this would or would not have saved his life. Also, as the tractor was tipping he could have disengaged the seatbelt in order to avoid being rolled upon, but not soon enough. There also has to be a determination as to whether the area being sprayed was safe.
All of these elements will be taken into account during the L&I investigation. Not all of them will be answered, but they will aid the state agency as to whether Ponce’s family will receive much needed compensation through this trying time if, in fact, he has a wife and children that depend on his income.
It is at these times that injured workers and the families of deceased workers need experienced and skilled representation to help them through the L&I process.
Those who work in the farming and agricultural industry know how hard it is. Many of the owners and workers say that there is only a short window in which they can do their work. Most agricultural work is seasonal and can require long hours of intense work over short periods of time.
This long arduous work can lead to severe fatigue and that’s when industrial accidents happen. Many farm workers admit that for them to let their guard down could mean the loss of a limb or even death. That is why workers compensation is so important.
Workers compensation in Washington State is an agreement between Washington employers and employees that the employee will not sue the employer for fair compensation if, upon injury, the employer agrees to pay the employee a portion of their income while they are recovering from the injury.
The employer also agrees to keep up with their insurance premiums and workplace safety requirements as dictated by the Occupational Safety and Health Administration (OSHA) as a cost of doing business in Washington. Most of the employers comply with this, but there are some who don’t.
The largest expense to the L&I system, according to L&I, is employer fraud. Though there are highly publicized instances of outrageous individual worker fraud, employer fraud costs Washington tax payer’s millions of dollars every year. This fraud raises premiums for other compliant employers and could be highly detrimental to workers.
Other states around the country rely on private insurers to fill their workers compensation gap and many workers have found that private “for-profit” insurance companies are far less forgiving. Private insurance companies often find a myriad of excuses not to pay out.
Farming accidents resulting in personal injuries and wrongful death, particularly in a profession where worker’s wages are at or below the state median and many families live paycheck to paycheck, workers compensation is the difference between surviving and homelessness.
Agricultural workers provide an essential service to society and as the profession gets more dangerous under the pressure of higher production and corporate need for ever rising profits, the safety of the worker is seemly left by the way-side more and more.
That is why it is more essential than ever that workers have an advocate on their side to work on their behalf with a clear focus on the best interest of the worker and their family. The company that runs the agricultural operation has these representatives and so should workers.
If you or someone you know has been killed or suffered a serious personal injury at work due to improper procedures or a hazardous workplace then you need a skilled attorney with experience in the procedures of workers compensation to get you the compensation you deserve. Call Phillips Webster for a free consultation.
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