Any type of eye injury can cause severe injuries and can have long-term consequences, including a loss of vision. Due to the fact that eyes are so sensitive, they can be one of the most easily damaged areas of the body.
An injury to the eye can make day to day tasks much harder and sometimes even impossible. This can have an impact on your loved ones as you may become reliant on them to aid you, depending on the extent of your injuries.
Eye injuries can occur in the workplace, and whilst most are as a result of accidents, there are those that happen due to an employers’ negligence. These injuries are already incredibly traumatising; however, when you find out your accident was caused by negligence and may otherwise have been prevented it can worsen the emotional pain you have already been out through.
If you have suffered an eye injury as a result of negligence and it was not your fault, you may be entitled to claim compensation for an eye injury. Contact Wildwood Legal today to get in contact with one of our personal injury solicitors, who will be able to determine your eligibility and explain the legal claims process clearly.
Common causes of eye injuries in the workplace
There are many causes of eye injuries that can occur in the workplace. Some of the main reasons we deal with that lead to eye injury compensation claims include:
· Flying debris – In certain jobs, employees can work in environments in which there is flying debris that can hit you in the eye and cause damage. Some examples include mining, demolition and construction jobs. Whilst there is always a risk that comes with these jobs, your employer must provide you with proper protective eyeglasses.
· Eye strain – In some jobs, most commonly found in office jobs, excessive usage of computers and technological devices is required. If your employer failed to give you adequate time away from your screen, you may suffer eye injuries ranging from painful eyes to altered vision.
· Chemicals – If you work in a workplace that uses or produces corrosive chemicals, your eyesight may be at risk of damage. Your employer must provide any protective equipment required to prevent any injuries from happening.
Following an eye injury, you should seek medical attention immediately as the severity of your injuries may worsen if they are left, especially if a foreign body has penetrated the eye, as this can cause infection. Also, medical professionals may be able to provide any necessary medical treatment to aid your injuries.
If you have suffered an eye injury as a result of one of the causes listed above as well as a variety of others your employer may be liable for your accident. All employers are legally required to have Employer’s liability insurance. Therefore, when you file an accident at work claim, you will be claiming against your employer’s insurance company, not your actual employer.
Employers’ duty of care
By UK law, employers have a duty of care towards their employees. This duty of care extends to all employees, regardless of the nature of their job or whether they have a fixed or temporary contract with the employer. Therefore, your employer is legally required to put specific measures in place to protect you from any illness or injury whilst at work.
In terms of eye injuries, your employer should supply you with suitable protective equipment such as eyeglasses and face shields to prevent these injuries, as well as putting adequate safety measures into place to ensure that you are not putting yourself at risk. They should also perform risk assessments to identify any potential risks that make you sustain an eye injury.
If your employer failed to implement these measures and you have been injured as a result, you may be entitled to make an accident at work claim.
What can be recovered in eye injury at work claims?
There are a variety of losses that can be recovered in a legal claim following an accident that was not your fault. Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents. Therefore, it has made a provision for injured persons to obtain compensation for the same.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed.
A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident.
Other financial losses – Other financial losses which were directly caused by the accident, such as medical care and treatment costs and travel costs, can also be recovered as part of a personal injury claim.
There is no maximum amount that you can be awarded for eye injury claims. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to negligence. A negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.
In certain cases, it can be difficult for the sufferer of an eye injury to pursue a claim for injury at work compensation themselves. Therefore, a litigation friend (often a close family member) will be able to pursue them on their behalf.
Time limits for making eye injury at work claims
The general rule for eye injury claims is that you have three years from the date of the accident to have either settled your claim or started court proceedings from when the injury happened.
The three-year deadline commences from the date that the injury occurred or from the date on which you realised that your injury or illness was associated with negligence. The three-year time limit for claiming compensation for loss of sight does not apply to under 18s; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.
How is eye injury at work claims compensation calculated?
Eye injury settlement amounts are made up of two areas, general damages and special damages.
General damages cover physical injuries; these damages take the severity of your injuries into consideration as there are different types of eye injuries, as the more severe your injuries are, the higher the compensation levels are likely to be. For example, if you have become completely blind, you would receive more compensation than if you had lost sight in one eye.
Special damages cover the financial impact the negligence had. This includes loss of earnings which will depend on the severity of your injuries and the type of job that you do. Special damages also cover any care that you may need. For example, if you lost your sight completely, the court would likely reward you with compensation to cover the financial implications of this in the future.
If the Defendant admits liability for your case, you may also be able to receive an interim payment, meaning that you could receive a part-payment of compensation during litigation. These payments are made by the other side before a case is settled in order to aid you to fund a number of vital things, such as assistance in daily living or urgent medical care.
How much do eye injury at work claims cost?
We will always be 100% transparent about what our charges are; if we take on your negligence case, we will almost always do so on no win no fee agreements (also known as a conditional agreement).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
How can Wildwood Legal assist?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping Claimants make accident at work claims and claims for eye injury. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
The law relating to accidents at work is complicated and can be a minefield for the unwary. We will guide you professionally through every step of the journey and make sure that your injury at work claim is presented in the best possible way to ensure maximum possible eye injury compensation.
We value the opinion of our clients. We will always listen to you and take on board what you say. With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards, meaning that we are a trusted law firm. We offer services to individuals located in England and Wales and have registered offices in Harrogate and London. To make an enquiry to start your claim, get in contact with us either email us email@example.com or call us 01423 209 046.
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