Who Is Liable if a Farm Worker Is Injured by Defective Equipment?
Farm work is extremely dangerous. According to recent data from the Centers for Disease Control and Prevention, agricultural work had one of the highest fatality rates in recent years compared to "full-time equivalents."
While the farm owner may still have liability if a worker is injured by farm equipment, they are not solely responsible. When a farm worker is hurt by defective equipment, liability often falls on the company that made or sold the faulty machine.
If you were hurt by farm equipment in 2026, a Peoria, IL personal injury attorney can help you figure out who owes you compensation.
Can an Illinois Farm Worker Sue an Equipment Manufacturer After an Accident?
A farm worker can sue the maker of a defective machine if that defect directly contributed to their injury. Such a suit would fall under a product liability claim. This is separate from a workers' compensation claim against an employer.
There are three main types of defects that can support a product liability claim:
-
Design defects, where the equipment was dangerous even when built correctly
-
Manufacturing defects, where a flaw occurred during production
-
Warning defects, where the maker failed to warn users about a known hazard or left off safety instructions
A missing guard on a power takeoff shaft, a hydraulic system that fails under normal use, or a grain auger without proper shielding are all examples of possible defects. Farm equipment is extremely high-powered and often comes with dangerous moving parts. Any equipment failure can result in drastic injuries.
How Does Illinois Workers' Compensation Fit Into a Farm Equipment Injury Claim?
Workers' compensation usually covers a farm worker's medical bills and lost wages. Under the Illinois Workers' Compensation Act (820 ILCS 305/), most Illinois employees who are hurt on the job can receive benefits through workers' compensation. In exchange, workers generally can't sue their employer directly for the injury.
Workers' compensation covers certain types of losses, but it does not compensate injured workers for every type of damage they may suffer. For example, pain and suffering isn’t covered. It may, however, be recovered through a third-party suit. The provision about suing your employer does not stop you from suing a third party, such as the company that made the defective equipment.
There are some specialized rules about workers’ compensation for agricultural workers. Not every person automatically qualifies. An attorney can review your situation to see which protections apply to you.
How Long Do You Have to File a Claim for a Farm Injury in Illinois?
You generally have two years from the date of your injury to file a product liability lawsuit in Illinois under 735 ILCS 5/13-202. You should check with your attorney that your claim isn’t barred by the "statute of repose." This can sometimes affect product liability claims. A statute of repose may bar all product liability claims against a part or piece of equipment if enough years have passed since the item was produced.
Workers' compensation claims have their own deadlines. You should report the injury to your employer within 45 days of the accident. Sooner is generally better than later in these situations. Reporting the incident in writing helps create a paper trail that can help later in your case. After you have reported to your employer, be sure to complete the process by filing a formal claim with the Illinois Workers' Compensation Commission. This must generally be done within three years of the injury.
Call a Peoria, IL Personal Injury Attorney Today
A serious farm equipment injury can leave you facing medical bills, lost income, and even long-term disability. If you’re interested in understanding all the parties that may be liable for your injury, our Springfield, IL product liability lawyers can help. We bring over 100 years of combined experience to these cases. Our team includes Attorney Todd Bresney, who previously served with the Federal Trade Commission and the State's Attorney for Cook County.
We offer free consultations so you can understand your options at no cost. Call Kanoski Bresney at 888-826-8682 today to set up your initial appointment.








