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tired feedlot wife
03-16-2007, 09:13 AM
my husband was just recently hurt (broken arm with 2 plates\6 pins) on the job working in a feedlot. he was hit by a calf while trying to chase them out of a pen to load on a truck. He has worked on this job for 3 years with not one day of calling in sick and always on time. On the average he puts in around 65 hrs a week during slow time of the year, and 108+ a week during the busy season. After his accident, he asked his employer about workers comp and he was told that there was none and that he didn't have to provide it because he was an AG\Farm business. This business employs at the least 6 fulltime workers. He feeds his own cattle there, but also many for other cattle owners.(11,000 head of cattle total)(the calf that hit his was owned by a customer) Is he correct in telling my husband this? He also said the Hospital bill is also our problem too. No where in this business is it stated that there is no workers comp, nor was it told to any of the workers, so we were very surprised to get this info after his injury. The only way my husband could get paid, was to go back to work on Monday(accident happened on previous thursday) doing light duty when he should have been home recovering with his arm elevated. I am also interested in knowing if he qualifies for overtime pay? As you can see, these employees are worked like dogs summer thru winter amnd if they are entitled, they should be getting it. please help me with our dilemma and giove me some answers. thank you

ElleMD
03-16-2007, 09:27 AM
From the website http://www.state.sd.us/dol/dlm/boss-Q&A.htm

Who is exempt?
Domestic servants, unless working for an employer more than 20 hours in any calendar week and for more than six weeks in any 13-week period; Farm or agricultural labor; One whose employment is not in the usual course of trade, business, occupation or profession of the employer (independent contractor). This includes real estate agents, and owner-operators of trucks who are certified as independent contractors by the Department of Labor; Certain elected officials of the state or subdivision of government; and Workfare participants.

He could sue ubder the tort system if there is fault involved. WC benefits are not available or guaranteed in this case, but it might be worth consulting a lawyer since his injury seems significant.

You can find out more about the OT issue and agricultural work here http://www.dol.gov/esa/regs/compliance/whd/whdfs12.htm

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