You start the day fueling the combine and end it in an emergency room. A loose PTO shaft, a startled steer, or a slick auger ladder can result in injuries. Farm work runs on long hours and small margins, and when something goes wrong, the bills do not wait. In North Dakota, farm and agricultural workers are excluded from the state’s workers’ compensation system, which means an injured employee usually cannot file a routine WSI claim. A farm owner can still be held responsible through a personal injury lawsuit if their negligence caused the injury. A North Dakota personal injury attorney at Pringle & Herigstad, PC can identify the legal theory that fits your situation and pursue the compensation you need.
Why Are Farm Workers Excluded From North Dakota Workers’ Compensation?
North Dakota operates a monopolistic workers’ compensation system through Workforce Safety & Insurance, and most employers must purchase coverage before hiring their first employee. Agriculture is one of the exceptions. Title 65 of the North Dakota Century Code defines the categories of “hazardous employment” that require coverage and excludes most agricultural and domestic service. As a result, North Dakota is among the states that do not require farm operators to carry workers’ compensation for agricultural employees, which leaves many injured farm hands without the no-fault medical and wage benefits that other workers receive.
A farm owner can elect to purchase voluntary WSI coverage, but most do not. If the farm where you were injured did not opt in, you generally cannot file a workers’ compensation claim. That does not mean you have no recourse. It means your path to compensation runs through tort law instead of the WSI system.
When Can a Farm Owner Be Held Liable for an Employee Injury?
To hold a farm owner financially responsible, an injured worker generally must show that the owner was negligent. The basic elements of a negligence claim are:
- The owner owed a duty of reasonable care to the worker
- The owner breached that duty through unsafe conditions, equipment, or supervision
- The breach caused the injury
- The worker suffered measurable harm such as medical bills, lost wages, or lasting impairment
Common fact patterns that support a claim include defective or poorly maintained machinery, missing safety guards on tractors and PTO shafts, inadequate training on hazardous tasks, unsafe grain bin or confined space conditions, lack of personal protective equipment, and pesticide or anhydrous ammonia exposure without proper precautions. If a third party caused the injury, such as an equipment manufacturer or a chemical supplier, that party may also be liable.
What Compensation Can an Injured Farm Worker Recover?
Because a farm injury claim is a personal injury lawsuit rather than a workers’ comp claim, the categories of recovery are broader than WSI benefits. An injured farm employee may be able to recover:
- Past and future medical expenses, including surgery, rehabilitation, and prosthetics
- Lost wages and reduced earning capacity
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Disfigurement and permanent impairment
- Wrongful death damages if the worker did not survive the accident
North Dakota follows a modified comparative fault rule. As long as the injured worker is found less than 50 percent at fault, they can recover damages reduced by their percentage of fault. If the worker is 50 percent or more at fault, no recovery is allowed. Farm owners and their insurers will often try to push the fault percentage as high as possible, which is why early evidence preservation matters.
How Dangerous Is Farm Work in the United States?
Agriculture consistently ranks among the most dangerous industries in the country. According to information from the Centers for Disease Control and Prevention, workers in the agriculture, forestry, fishing, and hunting sector experienced a fatal injury rate of 18.6 deaths per 100,000 full-time equivalents in 2022, compared with 3.7 per 100,000 across all U.S. industries. Transportation incidents are the leading cause of death for farm workers, with violence by other persons or animals and contact with objects and equipment also among the leading causes, according to CDC/NIOSH data citing the Bureau of Labor Statistics.
In North Dakota, where harvest seasons are compressed and operations stretch across remote acres, the risk profile is especially high. Long hours, fatigue, isolated worksites, and aging equipment all contribute to serious injury and fatality rates that outpace most other occupations.
What Should You Do After a Farm Injury in North Dakota?
After a serious farm injury in North Dakota, what you do in the first hours and days can make or break your claim. Taking the right steps protects your health, preserves critical evidence, and helps you build a strong case for full compensation of damages. Steps to take include:
- Get medical care immediately and follow through on every recommended treatment.
- Document the scene with photos of the equipment, the location, and any visible hazards.
- Identify witnesses and gather names and phone numbers before memories fade.
- Report the injury to the farm owner in writing and keep a copy.
- Consult a personal injury attorney before giving any recorded statement to an insurer.
North Dakota generally allows six years from the date of injury to file a personal injury lawsuit, but waiting weakens your case. Equipment can be repaired or sold, witnesses move on, and insurers use any delay as leverage.
Talk to a North Dakota Farm Injury Attorney Today
Farm injuries are too serious for trial-and-error legal help. Pringle & Herigstad, PC has served injured North Dakotans since 1909 from offices in Grand Forks and Minot, and we work on a contingency fee basis, which means you owe nothing unless we recover for you. Contact Pringle & Herigstad, PC for a free consultation about your farm injury claim.