Who Is Responsible When a Farm Worker Is Injured in Illinois?

 Posted on September 21, 2026 in Farm Accidents

Responsibility for a farm injury in Illinois usually comes down to two questions: Does workers' compensation apply to the farm? Who was responsible for the equipment or animal that caused the harm? If workers' compensation coverage applies, it’s the only claim available against the employer. If it doesn’t apply, or if a separate company owned the machinery, the livestock, or the land, a lawsuit may be possible.

If you were hurt on the job in 2026, our Bloomington, IL farm accident lawyers can tell you which of these paths fits your situation.

What Are the Most Common Serious Farm Injuries in Illinois?

Serious farm injuries often involve heavy machinery, vehicles, grain-handling equipment, or livestock. Common causes include:

• Tractor overturns
• Runovers involving tractors, wagons, or other equipment
• Contact with combine headers, augers, balers, and other moving machinery
• Power takeoff entanglement
• Grain bin entrapment or suffocation
• Kicks or trampling by livestock
• Being crushed against gates, chutes, walls, or posts
• Falls while handling animals or working around farm equipment

Livestock cause a large share of farm injuries, but the machinery produces especially severe injuries. Tractor overturns are particularly dangerous when a tractor lacks a rollover protective structure, and even minimal contact with augers, headers, and other moving equipment can cause catastrophic injuries.

Does Workers' Comp Cover Farm Workers in Illinois?

Workers' compensation covers some Illinois farm workers. The amount of agricultural labor the operation uses is relevant. The exemption sits in 820 ILCS 305/3(19) of the Illinois Workers' Compensation Act, which excludes any agricultural enterprise that employs fewer than 400 working days of agricultural labor per quarter during the preceding calendar year.

That 400 is a combined total across everyone the farm hires, not a number one person could reach alone. For example, five workers each working 80 days during the same quarter would total 400 working days. The working time of the employer's spouse and immediate family members who live with the employer is excluded from the calculation.

So a large operation with year-round hands is usually covered. A smaller family farm that brings on seasonal help may not be. When workers’ comp applies, it pays medical bills and part of lost wages no matter who was at fault, but it's typically the only claim you can bring against your employer. When it does not apply, a negligence lawsuit against the farm may be possible, and those damages are not capped the same way.

Who Can Be Sued After a Farm Injury in Illinois?

Possible defendants in a farm injury lawsuit can include:

• The farm or agricultural operation itself when workers' compensation does not shield it
• An equipment manufacturer if a defect caused the injury
• A dealer or repair shop that serviced machinery improperly
• A leasing or rental company that supplied unsafe equipment
• A separate harvesting, baling, spraying, or other contractor working on the property
• A separate livestock owner whose animals caused the injury
• A trucking or hauling company transporting animals, grain, or equipment
• A chemical or fertilizer supplier in an exposure case
• A neighboring landowner whose property created the hazard

On many farms, the land, animals, equipment, and labor belong to different people and businesses. Identifying who owned, controlled, maintained, or created the hazard is an important part of determining who may be liable.

What Compensation Can You Recover After a Farm Workplace Injury in Illinois?

Workers' compensation covers medical treatment, part of your lost wages, and benefits for temporary or permanent disability. These benefits are available without proving that your employer was at fault.

If you have grounds to file a personal injury lawsuit, you may be able to seek a broader range of damages. Depending on the case, that can include medical expenses, lost income, reduced future earning ability, pain and suffering, disability, and other losses directly related to the injury.

Through an independent investigation, an experienced attorney can identify the recoverable damages in your case.

Schedule a Free Consultation With Our Decatur, IL Farm Accident Attorneys

At Kanoski Bresney, our attorneys bring over 100 years of combined legal experience to injury cases. Attorney Todd Bresney also has experience from his previous work with the Federal Trade Commission and the Cook County State’s Attorney’s Office. We’re prepared to approach complex injury claims and help farm workers get the compensation they need.

Contact our Bloomington, IL workers' compensation lawyers at 888-826-8682 to schedule your free consultation today.