Tractor Accidents: A Guide to Montana Workers’ Comp for Injured Farmworkers

Learn if you qualify for workers’ comp after a tractor accident in Montana and what you need to do to file a claim and maximize your benefits

If you or a loved one has been seriously or fatally injured at work in a Montana tractor accident, you already understand the devastating impact these incidents can have. Tractor accidents are not just dangerous; they’re life-changing, often leaving workers and their families struggling to cope with the physical, emotional, and financial fallout.

The hard truth is that many tractor accidents, like rollovers or equipment malfunctions, are preventable. So, when tragedy strikes, it’s crucial to know your rights and the steps you can take to secure financial support. 

In this article, we’ll explain the common causes of tractor accidents, safety measures that could prevent them, and how you can pursue compensation through workers’ compensation in Montana.

If you have questions after reading this article or would like help filing a claim, reach out to the knowledgeable Great Falls work injury attorneys at Murphy Law Firm for a free consultation.

What is the most common tractor accident?

Tractor rollovers are by far the most common type of tractor accident. Rollover accidents are also the most fatal accidents that occur on a farm.

According to the Great Plains Agricultural Health Center, rollover accidents cause about 130 deaths annually in the U.S., with 1 in 10 tractor operators experiencing a rollover during their lifetime.

Notably, 80% of these fatalities involve experienced operators, highlighting the unpredictable and dangerous nature of these accidents.

How can a farmer prevent a tractor accident?

When it comes to preventing tractor accidents and injuries, rollover protective structures (ROPS) are one of the most critical safety measures a farmer can implement. ROPS are designed to create a protective zone around the operator in the event of a tractor rollover, significantly reducing the risk of serious injury or death. 

However, for ROPS to be effective, they must be used with a seat belt, which keeps the operator securely within the protective zone. Together, these safety features are 99% effective in preventing fatal injuries during a rollover. Unfortunately, many tractors made before 1986 lack ROPS, making retrofitting a vital step for safety-conscious farmers.

In addition to ROPS and seat belt use, farmers and farmworkers can take several other steps to prevent tractor accidents:

• Properly shield power take-off (PTO) shafts. Installing and regularly inspecting PTO shields protects individuals from entanglement. Always turn off the tractor engine and wait for the PTO shaft to stop before servicing or unclogging equipment.
• Prohibit extra riders on tractors. Additional riders on tractors can get run over if they lose their grips and fall under the tractor or its attachments. Never allow extra riders, especially children, on the tractor.
• Always start the engine from the operator’s seat. Starting the tractor from the ground can result in run-over incidents if it’s in gear. Always shut off the tractor, set the brake, and place it in “park” before leaving the seat. Never mount or dismount a moving tractor.
• Avoid operating in hazardous conditions. Stay off steep slopes, muddy terrain, or areas with hidden obstacles that increase the risk of rollovers, especially during poor weather. Fences, signage, or markers should be used around ditches, ponds, or steep embankments to alert operators of potential dangers.
• Conduct regular safety checks. Inspect brakes, tires, steering, lights, and other essential components before operating the tractor. Address any issues immediately to avoid mechanical failures that can lead to accidents.

Can Montana farmworkers get workers’ comp after tractor accidents?

Yes, most farmworkers in Montana are eligible for workers’ compensation benefits for work-related injuries and occupational illnesses. Montana law requires almost all employers (including farmers) to carry workers’ compensation insurance for their employees.

Agricultural workers are entitled to various types of workers’ comp benefits after a work-related injury or health condition regardless of if they work full or part time.

However, certain workers’ comp exemptions exist for independent contractors with an independent contractor exemption certificate (ICEC) and casual workers who only do occasional work. 

If you’re unsure of your employee classification or if you believe you’ve been misclassified by your employer as an independent contractor after a tractor accident, reach out to a local Montana workers’ compensation attorney who can help you determine if you qualify for benefits.

What benefits can a farmworker receive after a tractor injury?

Agricultural workers who suffer brain injuries, spinal cord injuries, amputations, or any other work-related injuries after tractor accidents may be entitled to a number of benefits, including:

• Medical benefits. Coverage includes all reasonable and necessary medical treatments related to the injury, such as doctor visits, hospital stays, surgeries, medications, and physical therapy.
• Wage replacement benefits. Injured workers can receive temporary wage loss benefits, covering two-thirds of their average weekly wages, until they return to work or achieve maximum medical improvement (MMI). For lasting impairments, permanent partial disability (PPD) or permanent total disability (PTD) benefits are available based on the severity of the injury and its impact on one’s ability to work.
• Vocational rehabilitation. If the injury prevents a worker from resuming their previous occupation, they may be eligible for vocational rehabilitation services, including job retraining and assistance finding new job opportunities.
• Death benefits. When a tractor injury tragically leads to a farmworker’s death, surviving dependents may receive death benefits that assist with lost income and coverage of funeral and burial expenses.

Please be aware that the amount of compensation you can receive from workers’ comp after a catastrophic injury or fatality is negotiable, so it’s crucial to understand how much your claim is really worth before accepting a settlement offer.

An experienced workers’ compensation attorney can help you accurately calculate your benefits and negotiate with the insurer to get you the full compensation you’re entitled to.

How do I get workers’ comp benefits after a tractor accident in Montana?

To get workers’ comp benefits after a tractor accident or any other accident that leads to a work injury in Montana, you’ll need to file a claim and report your injury within a specified timeframe. These are the basic steps to get workers’ compensation:

1. Report the injury. Notify your employer about the work-related injury. You must provide a verbal notification within 30 days of the incident and a written report within 1 year of injury or illness. Prompt reporting is essential to preserve your eligibility for benefits.
2. Seek medical care. Except for emergencies, you’re required to get medical treatment from an employer-approved physician. This is crucial for documenting your injury and connecting it to your job.
3. File a First Report of Injury (FROI). Work with your employer to complete the FROI form. This should be done within 1 year of your injury. Once you’ve completed your portion, your employer must complete their section and submit the form to their workers’ compensation insurer within 6 days. The insurer will then forward it to the Department of Labor and Industry. You should verify that the (DLI) receives the claim. 
4. Wait for the insurer’s decision. The insurance company has 30 days to review your claim and decide whether to approve or deny it.
5. Appeal if necessary. You can file an appeal within 2 years if your claim is denied.

Although you can technically appeal a denied workers’ comp claim yourself, the process can be complicated, and you’ll likely face significant pushback from the insurer, so it’s highly recommended that you seek the assistance of a workers’ compensation attorney to protect your rights and increase your chance of a successful claim.

Injured in a tractor accident in Montana? Murphy Law Firm for help!

If you’re a farmworker who’s been hurt in a tractor accident or any other accident in Montana, you’re probably dealing with pain, mounting bills, and questions about how to move forward.

At Murphy Law Firm, we know what you’re up against because we’ve seen it firsthand. Our experienced Great Falls workers’ compensation lawyers have been fighting to get injured Montana workers maximum compensation after serious injuries for more than 75 years.

If your claim has been denied, you want help negotiating a fair settlement, or you simply have questions, contact Murphy Law Firm today to schedule a free consultation. We’re here for you every step of the way.

References

CDC. (2024, May 16). Agriculture Worker Safety and Health. Agricultural Safety. https://www.cdc.gov/niosh/agriculture/about/index.html 

Great Plains Center for Agricultural Health. (2014, January). Tractor Overturns | Great Plains Center for Agricultural Health. Tractor Overturns. https://gpcah.public-health.uiowa.edu/tractor-overturns/ 

MTN News. (2025, January 14). MHP investigating train vs. tractor incident near Willow Creek. KBZK News. https://www.kbzk.com/news/local-news/mhp-investigating-train-vs-tractor-incident-near-willow-creek 

National ROPS Rebate Program. (2025). Rollover Facts | National ROPS Rebate Program. Ropsr4u.org. https://www.ropsr4u.org/rollover-facts.php

National Safety Council. (2023). Most Dangerous Industries. Injury Facts. https://injuryfacts.nsc.org/work/industry-incidence-rates/most-dangerous-industries/