Between 2021 and 2022, 25 people were killed in agriculture-related activities, 22 of whom were employees*. The causes of this alarmingly high fatality rate have not changed for many years; the most common being accidents involving overturned and moving vehicles, falling from heights, and being struck by an object such as a falling bale or exploding tyre**.
It is both the responsibility of, and in the best interests of, farm business owners to reduce incidents and ill health among workers by employing practices that align with health and safety regulations. Nevertheless, accidents happen and when they do, not only are there emotional implications, there can also be legal and financial ones, should a claim be made or they be found negligent. That’s where Rural Protect comes in.
Rural Protect is a specialist Management Liability insurance that aims to help farmers and business owners in the rural sector. This rural insurance policy was designed with farming businesses at its core and is available to limited companies, partnerships, and sole traders. For many farmers, Management Liability insurance is often overlooked but it is essential your clients understand the importance of this cover and the benefits it can bring should claims of wrongdoing be brought against them; here, we focus on Rural Protect in relation to Health & Safety.
Health & Safety Issues in the farming sector
In the last ten years, almost one person a week has been killed in the UK as a direct result of agricultural work and many more have gained serious injuries or been made ill by their work*. It is vital that business owners recognise the benefits of reducing incidents and protecting employees, not only to keep their operations running smoothly but to avoid potential fines and claims.
As noted above, the most common causes of death in agriculture have remained the same for a long time and include being struck by a moving vehicle or object, mostly tractors, ATVs, falling trees and bales; falling from heights when working on roofs or bale stacks and being killed by contact with machinery, such as entanglement. Other causes of fatality include injuries from livestock (most often cattle), being trapped by something collapsing and incidents involving asphyxiation.
The financial impacts of injury and ill health have on productivity can be devastating and, in many cases, the lives of both casualty and employer will never be the same again; that’s why, when many of these types of incidents can be avoided with good health and safety measures and training, it is so important that farming businesses are paying close attention to their risk management. However, it is clear incidents remain rife in the sector so when an accident does arise, it is vital farmers have the right insurance protection in place to protect them and their business.
How does Rural Protect help farming businesses?
Whilst we have outlined some of the risks farming businesses face and the importance of reducing them, here, we look at how Rural Protect can assist.
Legal Representation & Advice – Rural Protect provides legal representation from rradar, a specialist litigation and commercial law firm, in the event a claim is brought against a farming business or a person within it. It is worth noting here that there is no Prospect of Success clause for defence claims with Rural Protect, meaning when your farming clients need it most, help and legal guidance will be on hand. For example, should a farm worker be injured or worse, die, whilst working and a family member of theirs or the HSE believe the company has been negligent in some way, they may wish to bring a claim against them. In a scenario like this, Rural Protect would provide access to crisis management, representation and advice. rradar would assess potential criminal exposure and help deal with immediate next steps; for example, where individuals may be arrested or are being interviewed under caution, rradar would provide practical solutions to help prevent escalation, defuse tensions and liaise with relevant third parties, regulators and authorities to mitigate further action. They will also preserve the clients’ Legal Privilege, meaning they can discuss their situation openly, without concern. See how Rural Protect has helped agricultural businesses, here.
Proactive Risk Management Support – Rural Protect also provides proactive legal advice. rradar’s specialist legal services teams provide advice to a diverse client base that covers companies of all different sizes from different industry sectors. rradar also helps people to proactively manage their risks to run better businesses and reduce their exposure by providing an array of document templates online for Rural Protect customers, helping them proactively evaluate and address risk areas.
Fee Cover – Rural Protect not only supports farmers to help ensure risk management is properly performed but also helpfully provides cover for Fees For Intervention (FFI’s) charged by both the HSE and the Environment Agency (as well as other investigations and prosecutions of UK regulators), which can be financially detrimental to farmers.
The above assistance and cover provided by Rural Protect can be invaluable in the event of an incident, not only in terms of covering legal costs but ensuring your clients are supported in their time of need.
Other Benefits of Rural Protect
Unlike other Management Liability policies, Rural Protect also provides rare elements of cover such as Pursuit Cover in the case that the business would like to pursue a third party, for example, in the event of a contract dispute. Rural Protect also covers the costs associated with fraudulent attacks, tax cover, employee dishonesty and pollution clean-up. In 2021, DEFRA carried out 3,785 inspections and started formal enforcement action against 140 farms***; pollution and contamination incidents on farms are prolific and the costs associated can be exhaustive. This makes the latter mentioned area of cover potentially invaluable.
In addition, the limit of indemnity for each claim under Rural Protect is independent and there is no limit on annual claim amounts. In other words, there is no limit to the number of claims or incidents Rural Protect will assist with; this is not always the case with other Management Liability Policies.
In Summary…
Rural Protect was built by insurance professionals with decades of experience working in the agricultural industry and helps insure rural businesses’ risks to lighten the burden should something go wrong. Underwritten by AXA Insurance plc, and unlike most management liability covers, Rural Protect covers a wide range of rural businesses in the event they are accused of any wrongdoing by anyone at all.
To find out how Rural Protect can help your clients manage risk and learn more about the extensive cover it provides, contact our team of industry experts on 01653 609090 or read more about Rural Protect here.
