When Could I Make An Eye Injury At Work Compensation Claim?
By Cat Reeves. Last Updated 27th September 2024. Are you interested in making an eye injury at work claim and are wondering what your rights are? Who might be liable to compensate you if you suffered corneal abrasion or other vision problems because of missing health and safety at work? Any type of eye injury can be very distressing and it can cause an array of problems, financial issues included.
The sections below explain eye injury at work claims in detail. The team at UK Law could connect you with a member of our panel of personal injury solicitors to assess your situation and who can help you right now. You are welcome to get in touch by:
- Calling our team free on 0203 870 4868
- Using the ‘live support’ option, bottom right
- Contacting us online
Select A Section
- Could I Make An Eye Injury At Work Claim?
- What Steps Should Your Employer Take To Prevent Accidents?
- How Can I Prove A Claim For Eye Injury At Work Compensation?
- How Much Compensation Could You Receive For An Eye Injury At Work Claim?
- Make An Eye Injury At Work Claim On A No Win No Fee Basis
Could I Make An Eye Injury At Work Claim?
Eye injuries at work can happen, but your employer should be doing everything they can to prevent them. This is in fact a legal requirement, according to the Health and Safety at Work etc. Act 1974 (HASAWA). The legal duty of care, as seen in Section 2 of HASAWA, is that employers must take all reasonable and practicable steps to keep employees safe while they work.
The basis of an eye injury work claim is negligence, which can be defined as:
- A legal duty is owed under HASAWA.
- The duty is breached due to the employer’s actions or inaction.
- An accident happens because of this breach and you suffer injuries.
Continue reading through this guide to learn what an employer can do to uphold their duty. If you want to know whether your case makes you eligible for a personal injury claim, just call our helpline today.
Time Limits When Claiming For An Eye Injury
As with all personal injury claims, you must start your compensation claim for an eye injury at work within the appropriate time limit. For personal injury claims, this is typically three years from the date of the incident. This time limit is set out within the Limitation Act 1980.
However, in certain cases, such as those under 18 or those lacking the mental capacity to manage a claim, there is a suspension.
To find out what these suspensions are, or if you are within the time limit to file an eye injury at work claim, contact a member of our advisory team.
What Steps Should Your Employer Take To Prevent Accidents?
Under the core piece of legislation for the United Kingdom called the Health and Safety At Work etc Act 1974, all employers have a duty of care to protect the safety and wellbeing of their employees as much as is reasonably practicable.
This means ensuring that hazards or risks are either removed or reduced in the workplace as much as possible. Employers should do this by:
- Conducting regular risk assessments of the workplace
- Meeting with staff or health and safety representatives about concerns and acting promptly to address them
- Providing personal protective equipment (PPE) such as safety goggles
- Providing clear signs and guidance on health and safety
- Giving health and safety training
- Maintaining machinery and plant works to a safe standard.
The Health and Safety Executive (HSE) offers a wide range of detailed information to help employers comply with health and safety laws.
Failure to do so on their part in a way that leads to an injury such as eye damage could make them directly liable for an accident at work claim.
How Can I Prove A Claim For Eye Injury At Work Compensation?
One of the most important steps of the eye injury compensation claims process is collecting evidence. This is because evidence can help prove your claim and improve your chances of success. The right evidence can help prove how your eye injury occurred, who was at fault, and how it will affect your life going forward.
Some examples of evidence that you could use to help support your eye injury claim include:
- Accident book logs: All workplaces with ten or more employees must have an accident at work book. Logging your accident here ensures that a permanent record has been created.
- Witness statements: Taking the details of witnesses means a professional can take their statements later.
- Photographs: Taking photographs of both your eye injuries and of the accident site can help prove how the accident occurred and how severe your injuries are.
- CCTV footage: If your accident at work was caught on a CCTV system, you may be able to request the footage to be used as evidence.
If you choose to work with a personal injury solicitor, they can help you collect this evidence and more. To learn whether if a solicitor from our panel could be right for you, get in touch with our team today.
How Much Compensation Could You Receive For An Eye Injury At Work Claim?
Medical evidence forms the basis of your eye injury at work claim. An independent or impartial GP or specialist can examine your eye and deliver a report.
The findings of this report can be compared with guideline compensation brackets in publications such as the Judicial College Guidelines. In doing this, an approximate amount of general damages can be calculated. This is for the pain, loss of amenity and suffering caused to you, as shown:
However, the top entry in this table has not been taken from the JCG.
Nature of eye injury | Guideline compensation |
---|---|
Multiple Serious Injuries + Special Damages | Up to £500,000+ |
Total Blindeness | In the region of £327,940 |
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (i) | £117,150 to £219,400 |
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (ii) | £78,040 to £129,330 |
Total Loss of One Eye | £66,920 to £80,210 |
Complete Loss of Sight in One Eye | £60,130 to £66,920 |
Serious But Incomplete Loss of Vision | £28,900 to £48,040 |
Minor But Permanent Impairment | £11,120 to £25,600 |
Minor Injuries | £4,820 to £10,660 |
Transient Injuries | £2,690 to £4,820 |
Multiple Facial Fractures | £18,180 to £29,220 |
As well as general damage amounts, all the documentation you have which shows out-of-pocket costs related to the eye injury can be included.
For example, you may have needed to pay for eye surgery or special glasses? Perhaps you directly suffered a loss of earnings because of what happened?
Did family or friends need to give up time to help you? All of these costs and others could be reclaimed if you have the correct proof.
Speak to our team about calculating special damages and other costs imposed on you after the accident so that a more comprehensive request of damages can be calculated.
Make An Eye Injury At Work Claim On A No Win No Fee Basis
If you are eligible for eye injury compensation, a solicitor from our panel may be able to help you through the claims process. There are many benefits to working with a solicitor, as they can help you collect evidence to strengthen your claim and can help explain complex legal jargon.
The solicitors on our panel work on a No Win No Fee basis. They do this by offering their clients a Conditional Fee Agreement (CFA), a contract that allows you to access their services without paying any fees for the work. Plus, if your claim fails, your solicitor won’t take a fee for their work on the case.
The solicitor takes a portion of the compensation award as their success fee in the event of winning the claim. However, this percentage is subject to a legal cap. The cap exists to make sure that you keep the larger share of your compensation.
Contact our team of advisors today to learn more about how we can help with eye injury claims. They can evaluate your case for free and could potentially get you in touch with a solicitor from our expert panel. To get started:
- Call us on 020 3870 4868
- Contact us through our web form.
- Use the live chat feature.
Accident At Work Claim Resources
Below are similar resources to eye injury at work claims. Please get in touch if we can help with any points raised in this guide:
- Information about fractured eye socket compensation
- More about knowing if your employer is responsible for your injuries
- If you have fears about being dismissed after an accident at work
- You can also read our advice on how you could potentially claim compensation if harmed by negligent eye treatment
- Details on eye injuries from the NHS
- Help to readjust after a serious eye injury
- Support with the Royal National Institute of Blind People RNIB