You could claim compensation for an eye injury if you can show your injury was caused by the negligent actions of a third party. Whether your eye injury happened at work, on the road, in a public space, was the result of an assault, or due to negligent medical care, you could be eligible to make a claim. Eye injuries can be extremely painful, with long-lasting and even life-changing consequences in some cases. Find out how eye injury claims work below.
Key Takeaways
- You could claim for injuries resulting in temporary, partial, or full loss of sight, among others.
- The consequences of an eye injury could include damage to the optic nerve, permanent changes to your vision, and cosmetic damage.
- Eye injury claims could be made for harm caused by medical negligence, criminal injuries, or other forms of accidents where someone was at fault.
- If you required corrective eye surgery or specialist glasses, the costs of these could be compensated within your claim.
- We work with a panel of No Win No Fee solicitors, one of whom could help you claim the maximum compensation you deserve.
Our advisors understand how traumatic and distressing eye injuries can be. They are on hand to listen to you, and help you understand how to claim compensation.
Jump To A Section
- Can I Claim Compensation For An Eye Injury?
- Common Eye Injury Claims Examples
- Medical Negligence Eye Injury Claims
- Can Claims Be Made For Criminal Eye Injuries
- The Different Types Of Eye Injuries
- What Are The Potential Consequences Of An Injured Eye?
- What Compensation Is Awarded For Eye Injury Claims?
- Evidence Needed When Claiming For Eye Injury Compensation
- How Long Is The Eye Injury Claims Time Limit?
- Can I Claim For An Eye Injury On A No Win No Fee Basis?
- Learn More
Can I Claim Compensation For An Eye Injury?
Yes, you could claim compensation for an eye injury if you can show that it was caused by another party’s negligent actions or inactions. Eye injury compensation claims could be made for accidents on the road, at work, or in public spaces.
You could claim compensation for an eye injury when:
- Another party owed you a duty of care (this is a legal obligation to ensure your reasonable safety)
- This party breached their duty of care
- The breach caused you to suffer an eye injury
An advisor could help you understand more about your rights and other parties’ responsibilities to ensure your safety. Talk to us today.
Common Eye Injury Claims Examples
Common examples of eye injury claims may include those caused by a lack of personal protective equipment (PPE) at work, penetrating wounds caused by road accidents, and blunt force trauma caused by trips and falls. Below, we explore examples of eye injury claims and how other parties may be liable for them.
Road Traffic Accidents
Road traffic accidents could occur when road users breach their duty of care towards one another. All road users have a duty to use the roads safely to avoid causing harm. This includes pedestrians, cyclists, motorcyclists and drivers. They must also adhere to the Highway Code and Road Traffic Act 1988 as part of their duty of care. Accidents could occur where:
- A driver pulls out at a junction without checking both directions for approaching traffic. They collide with a motorcyclist travelling down the road. The blunt force trauma causes the motorcyclist to suffer a detached retina, requiring surgery.
Accidents At Work
Workplace accidents may be caused by an employer failing to adhere to workplace safety legislation, such as the Health and Safety at Work etc. Act 1974. Under this, employers have a duty of care to take reasonable steps to ensure the safety of their employees. Accidents could occur where:
- An employer fails to provide staff working with hazardous chemicals with the proper PPE, such as protective goggles. This causes some chemicals to splash into an employee’s eye, causing chemical burns. This causes partial sight loss in the affected eye.
Accidents In A Public Place
Public liability claims could be made where the party in control of a public space (the occupier) fails to ensure the reasonable safety of visitors. This duty of care of theirs is set out under the Occupiers’ Liability Act 1957. Accidents could occur where:
- A shopping centre has failed to maintain and repair known cracked and broken flooring. There is no warning sign for the hazard. A member of the public trips and falls over, the impact causes an orbital fracture affecting their eye and vision.
These aren’t the only instances where eye injury claims can be made. To discuss the particulars of your case and see whether you may be eligible for compensation, you can contact our advisors.
Medical Negligence Eye Injury Claims
Medical negligence eye injury claims could be made where unnecessary harm has been suffered due to receiving negligent treatment from a medical professional. All medical professionals, including ophthalmologists, have a duty of care to provide the correct standard of care when treating their patients. The Royal College of Ophthalmologists also sets out standards and guidance to help ophthalmologists adhere to their duty of care. If they fail to adhere to their duty of care, and this causes you to suffer unnecessary harm, this accounts for medical negligence, and you could be eligible to claim compensation. Some examples could include:
- Misdiagnosis: a doctor negligently fails to diagnose a patient with glaucoma, misdiagnosing it as eye strain. This delays treatment, causing a permanent reduction in sight.
- Negligent medical treatment: a patient is prescribed the wrong type and dose of eye drops for their condition. Their vision gradually worsens over time.
- Surgical negligence: a surgeon operates on the wrong eye, causing unnecessary harm to a patient and leaving their other eye requiring further surgery.
Please contact an advisor if you have been harmed by negligent medical care to see whether you may have an eligible compensation claim.
Can Claims Be Made For Criminal Eye Injuries
Yes, claims can be made for criminal eye injuries through the Criminal Injuries Compensation Authority (CICA). This is an agency of the UK government administering the Criminal Injuries Compensation Scheme 2012 (the Scheme). It allows victims of violent crimes, as defined in the Scheme, to claim compensation where no other avenue to do so exists.
To be eligible to claim for your eye injury through the CICA, you must meet the following requirements:
- You were injured in a crime of violence as defined in Annexe B of the Scheme (such as an assault).
- This incident took place in Great Britain (England, Wales, or Scotland) or within another relevant place. This may include ships registered in these countries.
- The incident was reported to the police.
- The claim iwas started within the 2 year time limit (however exceptions may apply)
CICA Eye Injury Compensation Payouts
CICA eye injury compensation payouts are assessed in line with a fixed tariff set out in the Scheme. The following table presents CICA eye injury compensation payout figures. Please note that the top figure is the maximum amount the CICA will pay out for any claim made through them.
| Harm and severity | Notes | Tariff |
|---|---|---|
| Multiple injuries, special expenses, and loss of earnings. | Multiple injuries. | Up to £500,000 |
| Eye injury | Loss of sight in both eyes | £110,000 |
| Substantial loss of vision in both eyes (at least 6/36 in both eyes or worse | £55,000 | |
| Serious permanent loss of field of vision. | £44,000 | |
| Permanent cataracts in both eyes which are inoperable or where surgery was unsuccessful. | £19,000 | |
| Serious permanent blurred or double vision. | £13,500 | |
| Dislocation of the lens in both eyes | £13,500 |
You could also be awarded compensation for qualifying financial losses under special expenses. In addition to this, compensation for loss of earnings may be claimed, but specific eligibility requirements need to be met.
One of our advisors could help you learn more about the criminal injury compensation claims process. Contact them today.
The Different Types Of Eye Injuries
Different types of eye injuries include corneal abrasions, damage to the optic nerve, penetrating wounds, and retinal damage. Eye injury claims could be made for:
- Corneal abrasions, where the cornea is scratched by foreign bodies or other causes.
- Orbital fractures, where the bones in the eye socket are broken, causing trauma to the eye itself.
- Penetrating wounds, where a sharp object, broken glass, or other debris penetrates the eye.
- Damage to the optic nerve, leading to reduced vision and sight loss.
- Retinal detachment, where the retina becomes loose or detached.
- Chemical burns due to exposure to hazardous materials
- Transient or minor eye injuries, causing temporary blurred or double vision, etc.
If you have suffered any of these injuries and would like to learn more about the eye injury claims process, you can contact our advisors.
What Are The Potential Consequences Of An Injured Eye?
The potential consequences of an injured eye can include infections, inflammatory conditions, and other conditions contributing to or causing loss of sight. Other consequences include:
- Reduced field of vision in one or both eyes.
- Infections, such as endophthalmitis due to surgery or other trauma.
- Double vision, which may persist for some time following trauma to the eye.
- Loss of sight, which is partial or full, which affects one or both eyes, and which is temporary or permanent.
- Pain and suffering, you may be left experiencing varying degrees of physical pain.
- Facial deformity, due to broken bones, scarring , and other cosmetic damage.
- Psychological distress, the loss of sight or severe cosmetic scarring could lead to anxiety and other psychological conditions.
We could connect you to a solicitor from our panel who could help you claim compensation for your eye injury. Contact our advisors today.
What Compensation Is Awarded For Eye Injury Claims?
Compensation for your pain and suffering (general damages) and any associated financial losses (special damages) could be awarded for eye injury claims.
Legal professionals, such as specialist eye injury solicitors, may turn to the Judicial College Guidelines (JCG) in order to assess general damages. This is a document that contains compensation guidelines for a variety of injuries based on their severity. We have taken relevant examples from the JCG to populate this table, with the exception of the top figure.
| Injury and severity. | Notes. | Compensation. |
|---|---|---|
| Multiple eye injuries + special damages for medical costs, lost earnings, and domestic care. | Serious injuries. | Up to £1,000,000+ |
| Total blindness (b). | Total loss of vision. | Around £327,940 |
| Loss of sight in one eye, reduced sight in other (c) (i). | Serious risk of the other deteriorating. | £117,150 to £219,400 |
| Loss of sight in one eye, reduced sight in other (c) (ii). | Reduced vision and/or problems such as double vision in the other. | £78,040 to £129,330 |
| Loss of one eye (d). | Compensation factors age, cosmetic, and psychological effects. | £66,920 to £80,210 |
| Loss of sight in one eye (e). | Where scarring is present, the award may be at the upper end. | £60,130 to £66,920 |
| Incomplete, but serious sight loss in one eye (f). | No significant risk of reduced/ lost sight in the other. | £28,900 to £48,040 |
| Minor eye injuries (h). | Minor injuries, such as exposure to smoke. | £4,820 to £10,660 |
| Transient eye injuries (i) | Complete recovery within a few weeks. | £2,690 to £4,820 |
Please note that these figures are not guaranteed and provided only as guidelines from the JCG.
Can Eye Injury Claims Cover Special Damages?
Yes, eye injury claims can also cover special damages for the financial losses your injury has caused you, such as medical costs, income losses, and domestic care costs. Examples of special damages are:
- Lost income, both current and future
- Private medical treatment costs, such as the cost of laser eye surgery to correct your condition.
- Professional or domestic care costs, such as help in the home to cope with loss of sight.
- Travel expenses to medical appointments
- Childcare costs if your vision has been affected and you need help caring for your child.
To claim special damages, you must have evidence of the financial losses you have suffered, such as pay slips and invoices.
One of the expert solicitors on our panel could help you with gathering this evidence. Contact our advisors to learn more.
Evidence Needed When Claiming For Eye Injury Compensation
Evidence needed when claiming for eye injury compensation could include your medical records, video footage of the accident, and accident reports. Below, we share a list of evidence that you could gather to support your eye injury claim:
- Medical records showing you suffered a minor, moderate or serious eye injury.
- The results of an independent medical assessment.
- The contact details of any witneses to your accident so a legal professional can take a statement from them at a later date
- Photos of visible damage.
- CCTV of other footage of the incident occurring.
- Reports, such as a police report or from the accident book.
- The contact information, vehicle registration and insurance details of any other drivers if involved in a car accident.
Contact our advisors to receive a more tailored list of the evidence you could gather to help support your specific claim.
How Long Is The Eye Injury Claims Time Limit?
The standard eye injury claims time limit is 3 years. This time limit is set by the Limitation Act 1980 and can run from:
- The date the incident took place or;
- In medical negligence claims, the date you realised that negligent treatment and care caused your harm
Exceptions apply to this time limit, and you can learn more about them in our dedicated guide on the limitation period.
You can also contact our advisors to see whether you are still within the time limit to begin the eye injury claims process.
Can I Claim For An Eye Injury On A No Win No Fee Basis?
Yes, you can claim for an eye injury on a No Win No Fee basis with our solicitors if your case meets the relevant eligibility criteria. A specialist No Win No Fee eye injury claims solicitor from our panel could help you by handling your case under a Conditional Fee Agreement (CFA). This allows the solicitor to work on your case without charging for their services before or during the eye injury claims process. Additionally, if the claim is unsuccessful, you will not need to pay for their completed services.
If you do have a successful claim, a success fee will be deducted from your compensation as a legally limited percentage.
Additional benefits of choosing a solicitor from our panel include:
- Access to an independent medical assessment of your injuries organised by your solicitor.
- Help accessing further support services.
- Expert negotiation on your case.
- Help with gathering supporting evidence
- Handling all communication with the defending party
Contact Public Interest Lawyers
Contact Public Interest Lawyers today to discuss your case and to receive free advice on the eye injury claims process:
- Phone 0800 073 8803.
- Speak to an advisor live.
- Complete our contact form.
Learn More
Learn more about personal injury compensation claims here:
- View our concussion and head injury claims guide.
- Learn more about facial injury claims.
- See how to make a loss of sight claim.
References:
- View this NHS vision loss guide.
- Check how to register visual impairment as a disability here.
- Check your eligibility to claim the blind person’s allowance in this government resource.
Thank you for reading our guide on eye injury claims.