Advice On Claiming Compensation For An Eye Injury In A Construction Accident

Are you looking for help with compensation for an eye injury in construction? Did you suffer some form of sight damage because of weak health and safety compliance on a building site? If so, this article lays out all the information to help you make a personal injury accident at work claim.

We start by looking at the duty of care owed to workers on a construction site. Moving on to eligibility, we explain what is needed to have a valid claim against the third party at fault. After providing some examples of how poor workplace safety could cause an eye injury, we explore the types and levels of compensation that can apply if the claim is a success. Our guide concludes by looking at how a solicitor could help your construction accident claim.

At Public Interest Lawyers we work closely with a panel of highly-skilled personal injury solicitors offering their services via a type of No Win No Fee contract. Your claim journey could begin after one simple phone call. To learn more, you can:

  • Call our advisors for a free case check on 0800 408 7825
  • Start a conversation through the live chat feature below.
  • Or see how much your claim could be worth when you contact us online.

a man holding his face after suffering an eye injury on a construction site

Jump To A Section 

  1. Eligibility Criteria When Claiming For An Eye Injury In A Construction Accident
  2. How To Claim For An Eye Injury In A Construction Accident
  3. When Could You Claim For Construction Eye Injuries?
  4. Potential Eye Injury At Work Compensation
  5. Claim For Injuries In Construction On A No Win No Fee Basis
  6. Learn More About Claiming For Negligence In Construction

Eligibility Criteria When Claiming For An Eye Injury In A Construction Accident

The duty of care owed to you by your employer is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). To uphold this, employers need to take reasonable and practical steps to prevent harm to employees in the workplace environment, and when using equipment and facilities.

You may be in a position to make a personal injury claim against your employer for construction site injuries if the following criteria are met:

  • Firstly, the employer owed you a duty of care at the time and location of the accident.
  • Secondly, this duty was breached in some way.
  • Thirdly, you have sufficient proof that this caused or contributed to your physical and/or psychological injuries.

In tort law, these three points can define negligence and form the foundation of an eligible personal injury claim.

On construction sites, you may also be owed a duty of care by the contractor, if this is different from your employer and also other businesses that may be operating alongside yours. Accidents could happen if these entities fail to ensure safety on site, for which you could also be in a position to seek personal injury compensation for if harmed. However, for the context of this guide we are looking at construction site accident claims against employers.

To fulfil their duty of care, employers could:

  • Regularly risk assess work environments and job tasks.
  • Provide the correct personal protective equipment when it is needed to perform the job safely.
  • Train employees so that their jobs can be done safely.

In addition to this, further obligations specific to construction sites are detailed in The Construction (Design and Management) Regulations 2015.

To learn more about the eligibility of your claim for compensation after an eye injury in construction, speak to an advisor on the contact details at the top of this page.

Time Limits That Apply To Eye Injury Claims

Another factor to be aware of is time limits. Under the Limitation Act 1980, there is a three-year time limit to initiating proceedings for personal injury claims. This usually starts from the date of the accident. Some exceptions might apply to this time limitation in certain scenarios. This includes:

  • If the injured person is under the age of 18 (such as a trainee construction worker).
  • If the injured person lacks the mental capacity to independently claim.

In cases such as these, the time limit is halted. An appropriate adult can apply to the courts and act as a litigation friend who claims on the person’s behalf. A personal injury lawyer from our panel can offer precise guidance on time limits and ensure your claim is brought forward within the relevant time limit.

How To Claim For An Eye Injury In A Construction Accident

Gathering evidence will help to support your claim and is a crucial part of the personal injury claims process. With this in mind, we have compiled a list of some actions and tips to help:

  • Obtain a copy of the accident book entry.
  • If your eye injury was of a reportable standard for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), get confirmation of this. RIDDOR is the statutory instrument for reporting serious injuries at work in the UK.
  • Obtain copies of medical records.
  • Take photos of your injuries and their cause.
  • Request CCTV footage that captured the accident (if there is any).
  • Ask witnesses for contact details so that a statement can be obtained from them later.
  • Keep proof of associated financial losses via receipts, bank statements or invoices.

Again, it is important to emphasise that a valid compensation claim for an eye injury in a construction site accident needs to show that it was caused by employer negligence. Our team is available right now to help clarify this with you.

When Could You Claim For Construction Eye Injuries?

Below, we explore some examples of how a breached duty could result in an accident and form the foundation of a claim. Examples include:

  • Poor lighting in a building means you do not see the sharp edges of an unfinished frame causing your head to collide with it and you sustaining an eye injury.
  • Not being provided with essential personal protective equipment (PPE) such as safety goggles and being hit in the eye by falling debris.
  • Tripping on exposed cables strewn across the site and puncturing the eye in the fall.
  • When poor training or lack of required supervision means a worker suffers eye damage through contact with chemicals, steam and fumes.

Given the level of activity taking place on construction sites, some accidents may be unavoidable despite the best precautions. So to ensure your claim is valid right at the start, speak to our advisors for personalised guidance.

Potential Eye Injury At Work Compensation

The injury at work compensation payout owed to you in a successful claim may be comprised of up to two heads of claim. Firstly, you could get compensation for the physical injury and the emotional distress caused under general damages.

Below is an example table of compensation brackets taken from the Judicial College Guidelines (JCG). This publication is used by legal professionals to value general damages. However, it is important to note that the first entry is not taken from the JCG and all amounts are guideline figures only:

Award Bracket Guidelines

Area of Injury Severity Level Notes Guideline Amount
Multiple Serious Injuries With Financial Losses Serious Reflects compensation for multiple serious injuries and the financial losses they cause such as lost earnings, care costs and home adaptations. Up to £1,000,000 and above.
Eye (b) Total Blindness Complete sight loss. In the region of £268,720
Eye (c) (i) Loss of Sight in One Eye with Reduced Vision in the Remaining Eye With a serious risk of deterioration in the eye that remains. £95,990 to £179,770
(c) (ii) Reduced vision in the remaining eye with other issues such as double vision. £63,950 to £105,990
(d) Total Loss of One Eye Level of award will rely on age, cosmetic impact and psychiatric consequences. £54,830 to £65,710
(e) Complete Loss of Sight in One Eye Includes risk of sympathetic ophthalmia and scarring insufficient to warrant a separate claim. £49,270 to £54,830
(f) Serious but Incomplete Loss of Vision in One Eye. Where there is no significant risk of sight reduction or loss in the remaining eye. £23,680 to £39,340
(g) Minor but permanent impairment. Permanent (but minor) impaired vision in one or both eyes and cases of double vision that may not be constant. £9,110 to £20,980
(h) Minor Eye Injuries Cases of minor issues like being struck in the eye or exposure to fumes that causes immediate pain and visual disturbance. £3,950 to £8,730
(i) Transient Eye Issues. A full recovery is made in a matter of weeks. £2,200 to £3,950

Again, each personal injury claim is unique so connect with our team on the number above for a more precise estimate of what you may be owed.

Financial Losses As Part Of Your Eye Injury Construction Claim Compensation.

The second head of loss that can apply is special damages which compensate you for any financial loss caused because of the eye injury at work. For example:

  • The cost of help needed at home as you recover.
  • Bills for eyewear or specialist medical treatments.
  • Travel costs.
  • The cost of adapting your home.
  • Lost earnings and any future lost employment opportunities.

Proof is needed of these losses so it’s important to keep hold of receipts, bills and invoices that you have. You can call the number above to get more information about general and special damages compensation.

Claim For Injuries In Construction On A No Win No Fee Basis

Injury at work solicitors from our panel have extensive experience in handling construction site injury claims. Although you are free to represent yourself, working alongside a skilled personal injury solicitor can give your claim a significant advantage. We also offer a potential solution if you have concerns about the cost of hiring a solicitor.

The solicitors on our panel can offer their services via a type of No Win No Fee contract, called a Conditional Fee Agreement (CFA). Contracts such as this mean that fees for solicitor’s services are not required:

  • Upfront.
  • As the claim develops
  • Or if the claim fails.

Only a small (and legally limited) deduction from the eye injury compensation will be taken by the solicitor as their success fee. This is a percentage amount and acts as a success fee for the solicitor for winning your claim, but it also ensures you always benefit the most from the outcome. If you  would like to learn more:

Learn More About Claiming For Negligence In Construction

Thank you for reading our guide on compensation for an eye injury in construction. Here are some more of our guides on claiming for an accident at work:

Lastly, we offer some external resources below: