This guide will explain how to make an eye injury at work claim for compensation.
When you are at work, your employer owes you a duty of care. Therefore your employer must implement safe working practices and protect employees from potential hazards. If you have experienced an eye injury at work that was not your fault, you may be eligible to make an accident at work claim for compensation. Whether you suffered a minor eye injury or a severe injury, call our team for a free evaluation of your case.
Have you experienced an eye injury after an accident at work that was not your fault? Then, don’t hesitate to get in touch with Public Interest Lawyers today to begin your accident claim. Our knowledgeable panel of solicitors can handle your claim. What’s more, the solicitors that we connect you to all work on a No Win No Fee basis. So you will only pay a success fee if you win your claim. Don’t hesitate to contact us today to begin your workplace eye injury claim; call our claims helpline on 0800 408 7825.
Select A Section
- What Is An Eye Injury At Work Claim?
- What Limitation Period Could Apply To My Claim?
- Evidence Which Could Support An Eye Injury At Work Claim
- What Duty Of Care Does Your Employer Owe You?
- Eye Injury At Work Claim Calculator
- Talk To Us About A No Win No Fee Eye Injury At Work Claim
Not every eye injury that happens in the workplace will mean the employee has the right to make an accident at work claim. To hold a valid eye injury at work claim, firstly, it is important to establish that you were owed a duty of care. All employers owe their employees a duty of care to keep them as safe as can be reasonably expected while working. Secondly, through employer negligence, an accident occurred. And finally, this negligence caused your eye injury.
Here are some examples of eye injuries that can happen in the workplace:
- Corneal abrasions (also known as corneal scratches). A corneal abrasion is a scratch to the cornea, the clear window at the front of the eye. A corneal abrasion can be painful and cause blurred vision.
- Damage to the optic nerve – optic nerve atrophy. Poor blood flow to the eye or exposure to harmful substances or trauma can cause optic nerve atrophy.
- Consequently, damage to the optic nerve can cause loss of sight pain and reduce the person’s field of vision.
- Cuts and lacerations: Debris can cut the eye if a person isn’t wearing protective goggles while doing hazardous activities such as cutting wood. If the cut is deep, it can damage the eye’s lens, resulting in blurred vision or blindness.
- Orbital fracture: An orbital fracture happens when the bone around the eye breaks. A blunt force trauma usually causes an orbital fracture.
Eye Injury At Work Statistics
According to NHS Manchester Royal Eye Hospital, 90% of eye injuries are preventable. Wearing the appropriate protection is one effective way to prevent eye injuries. The NHS Manchester Royal Eye Hospital reported that 3 out of 5 patients with eye injuries were not wearing eye protection. Of the workers who were wearing eye protection, it was often inappropriate. For example, a worker may have been wearing ill-fitting or damaged eye protection when the accident occurred.
Under the Limitation Act 1980, there is normally a three-year time limit to start an eye injury at work claim. The time limit will begin on the day that the accident took place. Or the time limit will begin on the day a doctor diagnoses the patient’s injuries.
However, there are exceptions to this rule. For example, people with a reduced mental capacity cannot claim compensation for themselves. Or because a minor cannot claim themselves until they turn 18 the time limit does not begin till then. In both cases a litigation friend can be appointed to claim on behalf of the victim.
To make a successful injury at work compensation claim, you will need to prove the following. Firstly that your employer acted negligently, and the negligence led to an accident. Moreover, you will need to prove that you suffered your eye injury because of the accident. Therefore, proving your employer responsible and liable for your injuries.
Our panel of solicitors can help you gather the evidence you need to prove your injury claim. The following documentation would be useful:
- The medical evidence of your injuries, such as your medical records
- Photographs of your eye injuries
- Photographs of the defective equipment or another hazard that caused your injuries
- The accident report log entry in your company’s accident report book
- Witness details incase a statement is needed to back up your claims.
As we have mentioned, your employer owes you a duty of care at work—the Health and Safety at Work etc. Act 1974 codifies this principle. Therefore, your employer is responsible for your health and safety at work as far as can be feasibly expected.
To uphold their duty of care, employers are responsible for carrying out risk assessments and implementing safe working systems to prevent accidents at work. So, what should your employer do when they identify a hazard that could cause an eye injury at work? The employer should remove or repair the hazard. You could potentially make an eye injury at work claim if your employer acted negligently and caused the accident.
Examples of hazards that can cause eye injuries:
- No eye protection equipment
- An employee used defective equipment
- Poor lighting
- The employer did not properly train the employee to carry out their task safely.
You may be curious to know how much your eye injury at work claim is worth. The table can be used to get an idea of how eye injury settlements are worked out.
We have used guidelines from the Judicial College to create the table. Solicitors also use these guidelines to help them value compensation claims.
However, please be aware that we have only included general damages in this table. General damages will compensate you for the pain, suffering and loss of amenity your eye injury has caused.
|Injury Affecting Vision||Severity||Settlement||Notes|
|Total deafness and blindness||(a)||In the region of £379,100||Total loss of sight. Comparable to the most severe injuries.|
|Total blindness||(B)||In the region of £252,180||Total blindness/ loss of sight.|
|Reduced vision in one eye, loss of sight in the other||(C)||£90,100 to £168,730||(i) Serious risk of the eye with reduced vision further deteriorating.|
|Reduced vision in one eye, loss of sight in the other||(C)||£60,010 to £99,440||The remaining eye has reduced vision. There may be additional issues with sight such as double vision.|
|Loss of one eye (total)||(D)||£51,460 to £61,690||Factors affecting settlements include psychiatric reaction, age or cosmetic effects.|
|Loss of sight in one eye (complete)||(E)||£46,240 to £51,460||Damages may account for the risk of developing sympathetic ophthalmia.|
|Eye injuries||(F)||£22,230 to £36,960||Serious but not complete loss of sight in one of the eyes with no significant risk of effects (reduction in or loss of vision) in the other eye.|
|Eye injuries||(G)||£8,550 to £19,690||A minor impairment of sight which is permanent. This may affect both or one eye.|
|Eye injuries - minor||(H)||£3,710 to £8,200||Minor eye injuries such as exposure to fumes or being hit in the eye.|
The amount of compensation you receive may be more or less than the compensation amounts in this table. Please call our helpline, and an advisor can accurately estimate what your compensation payment could be.
Your compensation payout may also include special damages. Special damages reimburse you for the costs associated with your injuries, such as medical costs. In addition, you may be able to claim for loss of earnings if you had to take time off work to recover from your injuries.
To begin your eye injury at work claim, please contact us today. Our advisors will ask you some questions to see if you have a valid claim. Where they can see that your case has a good chance of sucess they may connect you with a solicitor. What’s more, the solicitors will value your claim accurately to ensure your compensation payment is correct.
You will also have the option to sign a Conditional Fee Agreement and work with a No Win No Fee solicitor. With a No Win No Fee arrangement, you will not have to pay an upfront fee for the solicitor to start work on your case. Instead, you will only have to pay a success fee if the solicitor wins your compensation claim. So, you can feel assured that you won’t be taking a gamble with your finances.
Related Eye Injury Claims Resources
Please feel free to read these guides to learn more about making a personal injury claim.
Dedicated NHS resources about eye injuries
A Health and Safety Executive Guide to Personal Protective Equipment in the workplace
Guidance on the first aid at work from the HSE
Thank you for reading our guide to making an eye injury at work claim.