“A fractured arm on the farm left me unable to work for months. The insurer said it was my fault. My lawyer proved otherwise.”
The Origin of the Claim: Arm Fracture at an Iroquois County Farm
A 38-year-old farm worker suffered a comminuted fracture of the right humerus when his arm became trapped in a grain conveyor belt at a farm in Iroquois County, Illinois. The accident occurred during the September 2022 harvest, when the worker attempted to clear a jam in the machinery. The fracture required open reduction internal fixation (ORIF) surgery — a titanium plate and 8 screws to stabilize the bone. What followed was 4 months of immobilization and 6 months of intensive physical therapy to regain range of motion. Although the bone healed correctly, the injury left permanent damage: 30% loss of grip strength in the right hand and limited overhead lifting — career-ending limitations for a farm worker whose livelihood depends entirely on physical capacity.
Agricultural workers in Illinois face an injury rate 30% higher than the state average, according to the Illinois Department of Labor. Unlike other sectors, many farm employers operate without adequate workers’ compensation coverage, and workers — often migrants or temporary hires — are unaware of their rights under the Illinois Workers’ Compensation Act.
The Obstacles: The “Worker Negligence” Defense
The employer argued that the worker had violated safety protocol by attempting to clear the jam without fully shutting down the machinery. The insurer Bitco used this to deny the claim, citing the “voluntary negligence” defense that — if proven — could reduce or eliminate compensation under Illinois law. With no direct witnesses to the accident and the employer filing a safety report 3 weeks late, the deck appeared stacked against the injured worker.
Compounding the problem, the employer had not reported the accident to the IWCC within the statutory timeframe — a violation that called the credibility of the entire employer defense into question. The worker, in the meantime, faced mounting medical bills and no income for what would stretch into 10 months of recovery.
Legal Strategy: Dismantling the Negligence Defense
The attorneys at Illinois Compensation demonstrated that the employer had violated Section 6(b) of the Act by failing to report the accident in a timely manner and failing to provide immediate medical attention. The 3-week delay in the safety report — and the fact that the worker had to seek medical care on his own — established a pattern of employer negligence that neutralized the “worker fault” defense.
A certified industrial safety engineer inspected the machinery and found that the conveyor belt lacked an emergency stop system accessible from the jam point — an OSHA violation for agricultural equipment. The expert concluded that the accident was caused not by worker negligence, but by a safety defect in the equipment that the employer was obligated to correct. This finding transformed the case from “worker error” to “employer liability.”
The Victory: $60,000 for the Farm Worker
The case settled for $60,000 after the safety expert report was presented. The settlement covered the full cost of ORIF surgery and physical therapy, temporary total disability (TTD) for 10 months of recovery, and permanent partial disability (PPD) calculated on 22% impairment of the right arm. What began with an accusation of negligence ended with an agreement that recognized the true cause: unsafe equipment the employer failed to fix.
The compensation allowed the worker to complete his recovery without financial pressure. Although his injury prevents him from returning to heavy farm work, the settlement gave him the means to relocate to Kankakee and seek employment in the service sector, where his physical limitations are not an obstacle.
Is your agricultural employer blaming you for a workplace accident? The “worker negligence” defense is a favorite tactic of employers who don’t want to take responsibility. If you suffered a fracture, injury, or accident on a farm, processing plant, or any agricultural setting in Illinois, our firm investigates safety conditions and employer practices — because the real culprit is often unsafe equipment, not the worker.
Call us today for a free consultation. We don’t back down — and neither should you.
