Are Agricultural Workers Covered Under Workers’ Comp?

 Posted on July 08, 2024 in Workers' Compensation

Agriculture is one of the most dangerous industries in the nation. There were more than 21,000 injuries between 2021 and 2022 in the agricultural production industry that necessitated employee time away from work. Considering the agricultural industry is well-known for under-reporting injuries, this number may be far from accurate.  

Almost a third of agricultural injuries are from falls. The agricultural industry (which includes hunting, fishing, and forestry), consistently has the highest rate of fatalities from work-related injuries. The main cause of death for farm workers is from transportation accidents. Injuries from farming can also occur when the worker is handling livestock or is exposed to chemical pesticides.

Because workers’ compensation laws can be complicated, it is essential that you speak to a knowledgeable workers’ compensation attorney from McNamara Phelan McSteen, LLC. Once you have a lawyer who will fight for your rights and your future, you can take the time you need to heal from your injuries.  

Is the Agricultural Industry Exempt Under Workers’ Compensation Laws?

Fourteen states require employers to carry workers’ compensation for all agricultural workers—without exception. Twenty-one states have limited coverage for those who work in the agricultural industry, usually limiting coverage to specific employers and workers. Florida only requires farm employers to carry WC if they have six or more regular employees or 12 seasonal agricultural workers who work more than 30 days within a single year.

South Dakota only requires coverage if the agricultural worker uses hazardous equipment like shredders or grain combines. Fifteen states do not require any workers’ compensation coverage for agricultural workers. Illinois has some of the most complex workers’ comp rules and exceptions for agricultural workers in the U.S..

How Does Illinois Treat Agricultural Workers for Workers’ Compensation Purposes?

While an Illinois exemption for farmers does exist, it is very limited. Farmers not exempt under the Illinois Workers’ Compensation Act must participate in the program or face serious consequences when a worker is injured and files a claim.

So, which farmers must carry workers’ compensation--and which are exempt? Under the Illinois Workers’ Compensation Act, if a farmer has less than 400 working days of labor in any quarter, they are exempt. If the 400-day mark is hit in any quarter of the previous year, the exemption is lost.

Family members who work on a farm that employed less than 400 working days of labor per quarter during the prior calendar year—exclusive of the employer’s spouse and other family members who live with the farm employer--are exempt from the mandate to carry workers’ compensation insurance.

When the exemption is lost, the farmer must be treated as any other employer required to carry WC insurance. Part-time and seasonal workers must be counted toward the 400 days. Unfortunately, to cut costs, many agricultural employers who are required to carry WC coverage "fudge" their numbers so they can avoid the cost. When workers are injured, they may require medical treatment and could be injured severely enough that they cannot work and make a living.  

Penalties for Workers’ Compensation Noncompliance by Non-Exempt Employers

Employers who knowingly and willfully fail to provide workers’ compensation insurance in Illinois can face severe penalties. They may be fined up to $500 for every day of noncompliance, with a minimum fine of $10,000. If a company fails to pay the penalty, corporate officers can be held personally liable.

If the Commission finds during a hearing that an employer failed to provide WC insurance coverage to employees, the agricultural company may be labeled a serious danger to public health and safety. This action can trigger a work stop order, which requires the employer to stop all business operations.

Further, corporate officers who negligently fail to provide WC insurance could be guilty of a Class A misdemeanor, while if the failure is willful, they could be guilty of a Class 4 felony. If an agricultural worker is injured when an employer should have been covered by workers’ compensation but was not, the employee may sue for damage in civil court.

Contact a Will County, IL Workers’ Compensation Lawyer

If you or a loved one has suffered injuries on the job and you find that your employer is not carrying WC insurance—even though they are required under the law to do so—you need immediate legal assistance. Speaking to a Joliet, IL workers’ compensation lawyer from McNamara Phelan McSteen, LLC is the best step you can take to determine your options. You do not have to face injuries on your own. You may be unable to work, and facing medical expenses for your injuries, and are uncertain of where to turn. Call McNamara Phelan McSteen, LLC today at 815-727-0100.