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Injured as a Gardener: Your Legal Options

Working as a gardener or groundsman involves daily exposure to various hazards – from power tools and machinery to dangerous pesticides to natural risks like uneven terrain and harmful plants. It’s integral that employers implement stringent health and safety protocols, providing protective gear, appropriate training, and regulated procedures designed specifically for the landscaping or gardening work environment. Despite these measures being firmly in place, accidents can still occur. 

Common Causes of Gardening Accidents

The term gardening might evoke images of peaceful, lush environments, but for professional gardeners and groundskeepers, the work is filled with complex tasks and inherent risks that can lead to serious injuries. Common causes include:

Dangerous Machinery: Incorrect operation or malfunctioning garden machinery like lawnmowers and chainsaws can lead to severe injuries.

Noise-induced Hearing Loss: Consistent exposure to loud equipment without adequate hearing protection might result in long-term hearing damage for gardeners.

Exposure to Chemicals: Regular contact with fertilizers, pesticides, or herbicides poses a risk of chemical-related illnesses if protective measures aren’t properly followed.

Working at Height: Tasks that require scaling trees or utilizing ladders to maintain landscapes can result in falls leading to severe injuries or even fatalities if safety equipment is not used correctly.

Gardening Back Injuries: The frequent bending, lifting heavy loads, and repetitive motions associated with the physically taxing nature of gardening work can often lead to muscular and spinal injuries. 

If you’ve been hurt on the job due to any of these causes or related reasons, contact the Los Angeles workplace injury lawyer at Grey Law for support in navigating your injury claim.

What Are Your Legal Options After a Gardening Accident?

After a gardening-related injury, you typically have two primary legal options: a workers’ compensation claim or a personal injury lawsuit. 

Workers’ Compensation

This is often the first avenue for seeking financial recovery following an on-the-job injury. If your gardening accident occurred during your regular work hours while performing job-related tasks, you could be eligible for benefits that encompass medical costs and a portion of lost wages.

Personal Injury Lawsuit

If it is possible to establish that someone’s negligence directly led to this accident – for example, if defective equipment was provided, or proper safety guidelines were not observed – then you might be able to pursue a personal injury lawsuit. Unlike workers’ compensation claims, which do not consider fault, a successful personal injury lawsuit can result in full reimbursement for all economic losses as well as compensation for pain and suffering or other non-economic damages.

Determining which path is right for your situation requires careful consideration of the specifics involved in your gardening accident. Contact Grey Law to ensure you choose the correct legal direction.

How an Attorney Can Help With Your Gardening Injury Case

A Los Angeles landscaping injury attorney who has experience handling gardening accident cases is instrumental for several reasons. Here’s what they will do to help:

  • They will thoroughly investigate the details of your case to determine exactly how and why your injury occurred.
  • Your lawyer can identify which type of claim is appropriate based on the circumstances leading to your injuries.
  • A skilled work injury attorney negotiates with insurance companies or defendants, striving for a fair settlement that matches what you are truly entitled to.
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