You may have been injured in a public place, had a workplace accident such as a welding incident, or road traffic accident resulting in loss of vision, whether permanent or not. If you believe you were not at fault for your eye injury caused by welding you may have the right to claim compensation.
This guide is designed to help you understand the process of personal injury claims and how No Win No Fee exists to benefit the claimant.
If you’d like to query anything in this guide, discuss your particular case, or see how personal injury lawyers can help you, call our advisors on the number in the top-right corner. It’s free to contact us seven days a week 24 hours a day, and you won’t be under any obligation to use our services. Call us today on 0800 408 7825.
Select a Section
- A Guide To Calculate Compensation For An Eye Injury Caused By Welding
- What Are Welding Accidents?
- Financial Loss From Welding Incidents
- How Can A Welding Incident Occur?
- Your Care Claim Simplified
- What Is A Solicitor Compensation Settlement Value?
- Case Study: £16,000 Compensation For An Eye Injury Caused By Welding
- Welding Eye Injury Compensation Calculation Estimates
- No Win No Fee
- Uncover Quality Personal Injury Lawyers
- Call Today
- Further Reading
Personal injury cases can be challenging to navigate, and claims vary depending on the injury, which is why we’ve created this guide specifically for an eye injury caused by welding.
This guide will give you an overview of what welding incidents are, how they may be caused by third party negligence and what impact your experience may have on your claim. We’ll demonstrate what special damages are and what impact they have on your potential compensation entitlement through our example case study of a person who suffered an eye injury caused by welding due to an accident at work.
At the end of the guide, you’ll find information on No Win No Fee claims, why it may be of benefit for you and how to find a personal injury solicitor who may be best suited to you and your case.
Welding incidents can lead to eyesight impairments lasting hours, days, or even lead to blindness. Welding arcs, in particular, can be hazardous to eyes because they release UV radiation.
If your workplace hasn’t trained you properly or provided you with the correct protective equipment, you could be at risk. Arc eye is so common among welders that it is also known as ‘welder’s arc’ or ‘welder’s flash’. Faulty machinery can also be of danger to welders or those nearby.
Under the Health and Safety at Work etc. Act 1974, your employer must take reasonable steps to look after the physical and mental health, safety and well-being of you and your colleagues. This is typically ensured by following health and safety practices.
As an employee, you also have a duty of care to look after yourself and others in line with your workplace’s health and safety policies. You must also responsibly use the training provided by your employer.
If you’re concerned that your employer breached their duty of care, or that you may have neglected your responsibilities leading to the accident, speak with our team of advisors for free.
Claims of financial loss as a result of a welding incident differ between cases but can include:
- Loss of income (unpaid sickness absence, loss of bonus etc.)
- Additional care that was paid for (therapy, cleaning or gardening services etc.)
- Adaptations to your home that you’ve paid for (installing brighter lighting, community alarm etc.)
- Travel to and from appointments (such as when seeing an ophthalmologist)
You may feel that you have financially lost out in other areas too. If so, our claims team can advise you on whether you could recover the costs. Call for free on the number at the top of the screen or message in the live chatbox.
Welding accidents can happen for all different types of reasons. Not all accidents that happen in the workplace will be due to employer negligence. Some may be just that, an accident. In order for you to have a valid claim for compensation, it must be proven that you were owed a duty of care. This duty was breached. The breached duty lead to your suffering.
Your employer may have provided you with P.P.E., but was it up to standard? To protect you from radiation released from a welder, welding helmets and goggles must have the correct filter scale. You (and your employer) may not have realised the filter wasn’t accurate for the welder type you were using. Having the right training, being aware of health and safety, having the correct PPE are all key when it comes to a safer working environment.
As a consequence of the welding incident, you may have needed additional help. A family member or friend may have cooked, cleaned or provided childcare. You may have even been put in a position where you had to pay for this yourself. If you go onto make a successful claim you can claim back any expenses or costs incurred.
In some cases, vision impairment harms mental health. The NHS advises that people can respond to it as to grief. Consequently, you may have paid for your therapy or counselling and may be able to reclaim those costs as part of your personal injury claim.
A right solicitor will advise you to seek medical help as soon as possible after your welding incident. This will not only ensure that you receive medical treatment straight away to give you the best chance of recovery but it will also record within your medical records the damage inflicted.
If you decide that a solicitor is the best option for you they’ll arrange for you to meet an independent medical expert. The medical professional will produce a report for the court after giving you a thorough check-up. This report forms the basis of the solicitor’s valuation of what they believe you are entitled to in general damages.
The value of your claim will vary depending on the severity of your injury. It will also take into consideration how long it will take you to recover, and any future implications. If the incident exacerbated your pre-existing condition, you may be able to include it in your claim.
The compensation you can receive after a successful personal injury claim is made up of two heads. The first head is known as ‘general damages’, which is compensation for any physical or mental suffering that you may have endured due to the welding incident.
These damages include any financial loss you have accrued because of your injury.
Special damages could include but are not limited to;
- Childcare while you recover (from family, friends or professionals)
- Guide dog
- Bus, taxi or petrol costs for travel between medical appointments/therapy
- Loss of current and future earnings
- Home modifications,
When claiming special damages, it is essential to provide proof. For example:
- Receipts for any home adaptations you’ve bought.
- Bus tickets for travel costs to your ophthalmologist.
There could be several special damages you may be able to claim for, some costing more than you may have realised. Speak to our advisors today (or any day of the week), and they’ll be able to help you. Just call the number on this page or send a message to our chatbox.
Having worked with caution for years as a welder, Mr Kaminski was nervous about using the welding helmet that his new employer-provided. He sent a text message to his manager raising concerns that the helmet was old and the visor didn’t seem secure. His manager messaged back to tell Mr Kaminski that his predecessor had used the welding equipment without any issues, but that he’d order a new helmet.
On his next shift, his manager told him that the delivery would take days, and asked Mr Kaminski to bare with the faulty helmet until the new one arrived. When Mr Kaminski tried to raise his concerns again, his manager said they had no other helmets.
The day before the new helmets arrived, Mr Kaminski’s visor dislodged while he was welding.
Several hours after that shift, Mr Kaminski’s eyes were bloodshot, watery and he had blurred vision. Mr Kaminski began to feel extreme pain in the eye, so much so that his wife decided to drive him to their nearest A and E department. He was examined by an optometrist who confirmed that he had damaged his cornea.
He was given painkillers, steroid eye drops and advised to stay out of direct light.
Mr Kaminski needed to continue using his pain medication for longer than anticipated. At his follow-up appointment, a doctor advised Mr Kaminski that he would suffer from minor impairment of vision.
Making An Accident At Work Claim
To conclude, he contacted a personal injury solicitor and began the claims process. Photographic evidence, text messages, bills and medical assessments, all contributed to Mr Kaminski’s case being settled out of court. He was awarded £16,000 in compensation for both general and special damages.
|Type of Special Damages:
|To and from appointments/treatment
|£60 for travel to and from appointments.
|Prescriptions, treatment, physiotherapy, walking aids, etc.
|£200 for glasses.
|Professional care at home, from family, childcare, etc.
|£100 for son’s help.
|Cleaning, gardening, areas that require consistent attention.
|£100 for son cleaning, cooking and gardening.
Mr Kaminski’s case is an example. It is drawn from experiences of claims that we have dealt with in the past and exemplify a case of its kind.
Personal injury lawyers may advise, compensation for welding eye injuries can change with severity of symptoms, how long-lasting they are, and the financial impact the welding incident had on you. The case study above may have resulted in less compensation had there been no permanent damage, but it may have increased dramatically had the claimant’s eye lost complete vision.
If you’d like to discuss what you may be entitled to with our advisors, send a message in our live chatbox or call the number at the top of the page. Their advice is free, and they’re available Monday to Sunday.
Have you fallen foul of third party negligence but can’t afford solicitor fees? No Win No Fee claims were created for claimants in your situation.
Also known as a Conditional Fee Agreement (or C.F.A.), the No Win No Fee agreement’s fundamental structure is that if you don’t win your personal injury case, your solicitor will not charge you for their fees. If you win the case, your solicitor will ask for a nominal success fee, capped under law. So, win or lose, the solicitor is sharing the risk with you.
The personal injury solicitors on our panel provide No Win No Fee agreements, and if you have any queries regarding C.F.A.s, our team of advisors are ready for your call, Monday to Friday, 24 hours a day.
The effects of an accident can be overwhelming. Although a solicitor is not a legal requirement they can help alleviate stress from the claim process. Things to look out for when appointing a solicitor;
- Won’t settle for less than you reasonably think you’re entitled to.
- Will be in touch with you and ready to respond to you for the duration.
- Has good, real reviews online.
Contact our advice team about getting the right solicitor after your welding incident, call us on the number at the top of the page or message our chatbox.
Our team of advisors are available 7 days a week to provide you with personal injury advice. You can:
- Call on 0800 408 7825.
- Use our chat feature in the corner.
For example, you can use:
- Eye Injuries – NHS advice on what to do about your eye injury pain and suffering.
- Blindness and Vision Loss – NHS advice on coping with vision loss and how to get help.
- Photokeratitis (Ultraviolet [UV] burn, Arc eye, Snow Blindness) – The College of Optometrists’ professional guide on welder’s arc.
- Why is it Important to Report Accidents in the Workplace? – Our guide to reporting accidents in the workplace and why you should do it.
- £10,000 Compensation Payout for a Minor Eye Injury – Case Study and Claims Guide to Calculating Minor Eye Injury Compensation – A guide on minor eye injury compensation.
- £80,000 Compensation Payout for Loss of Sight in One Eye – Case Study and Claims Guide to Calculating Loss of Sight in One Eye Compensation – Our guide to claiming after loss of sight in one eye.
Thank you for reading our guide to claiming compensation for eye injuries caused by welding.
Article by UI
Publishers LA, NU.