Have you suffered an eye injury in an accident? Was this accident caused by someone neglecting their duty of care to you? If so, you may be able to make a claim for compensation.
Not only can an eye injury affect your vision in one or even both eyes, but a severe eye injury could cause someone’s appearance to be affected. This, in turn, could cause psychological distress and severely impact the victim’s quality of life. Whether you’ve suffered an injury to your eye at work, on the road or in a public place, this guide could help you claim the compensation you’re entitled to.
You can use the headings below to navigate through our guide. But if you’d like to start your claim for compensation right away, you can get in touch with a member of our team who will be happy to help you get started with your claim. You can also get in touch if you still have questions by the time you’ve finished this guide.
Get in touch with our team by:
- Calling us on 0161 696 9685
- Using our online callback form
- Chatting to a member of the team using the live chat function at the bottom right of this screen
Choose A Section
- A Guide To Claiming Compensation Payouts For An Eye Injury
- What Is An Eye Injury?
- How Can You Suffer An Eye Injury At Work?
- Eye Injury In A Public Place
- How Can You Suffer An Eye Injury In A Road Traffic Accident?
- Essential Advice For Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £13,000 For An Eye Injury
- Your Claim’s Value Through Free Legal Advice
- Why Should You Consider No Win No Fee Claims?
- We Can Give You Free Advice
- More Resources And Guides On Eye Injuries
- Eye Injury FAQs
In this guide, we aim to explain the process of claiming compensation for an eye injury. To begin, we will look at the eye and how it can be injured. This will include the typical treatments available for injuries of this nature. We will also look at the recovery times for these kinds of injuries.
We will go on to look at the duty of care that is owed to you and how this can differ depending on whether you’re at work, in public or on the road. Additionally, we’ll look at how an eye injury could occur in these places.
From here, we will look at a case study in which someone received £13,000 for an eye injury. This case study will illustrate the entire claims process, from the accident occurring to the compensation being awarded to the injured party.
We will go on to look at the details of No Win No Fee agreements. We’ll outline the benefits they could offer to you in claiming the compensation you deserve.
To summarise, we will provide you with some resources which you may find useful in claiming compensation. We’ll finish by answering some frequently asked questions about eye injuries and eye injury claims.
Personal Injury Claims Time Limit
You should keep in mind that there is a three-year time limit for making a claim for personal injury compensation. This time limit usually runs from the date the accident occured.
However, it can also run from the “date of knowledge” or the date you became aware that your symptoms were the result of negligence. For instance, you may suffer from vision problems in your eye because you weren’t provided with the protection needed to do your job safely.
Initially, you may not realise that your injuries are a result of your job and the lack of eye protection. Here, the three-year time limit runs from the date you knew (or should have known) that your employer’s negligence was the cause of your symptoms.
If you have any further questions about the time limit on making personal injury claims, please don’t hesitate to get in touch with a member of our team. Alternatively, read on to find out more about eye injuries.
The eye contains the iris, the cornea, the pupil and the retina. Each of these has a role to play for the eye to function correctly and to maintain complete vision. Therefore, an eye injury that affects any of these parts of the eye could cause the victim pain and difficulty with their vision.
Eye injuries can take the form of traumatic injuries, for example, where someone or something has hit your eye with force. It may also involve a foreign object contaminating your eye, such as a chemical substance.
An injured eye may bleed or produce pus. It could also cause you to be sick or to feel as if you are going to be sick. You may also find that you’re unable to move the eye or keep it open. The presence of any of these symptoms means that you should seek medical attention right away. This NHS guide to eye injuries provides more information on what to do if your eye has been injured.
As well as the parts of the eye listed above, an eye injury could also consist of injury to the eye socket or eyelid. Although these kinds of injury may not cause long-term problems with vision, they can be very painful and cause the injured person psychological distress due to the effect on their appearance.
The recovery time for an eye injury depends on the extent of the damage. A basic eye injury may heal within a few days. But a more moderate eye injury could need a couple of weeks.
If the injury is serious enough to require surgery, then it may be two months or more before you’re 100% again. Some serious eye injuries may result in partial or even complete blindness, which can be permanent.
In order to make a compensation claim for an eye injury, you need to be able to show that the following criteria applied to your accident:
- You were owed a duty of care
- This duty of care was neglected, causing an accident
- The accident directly caused your injuries
One of the places you’re owed a duty of care is while in the workplace. Your employer has a responsibility according to the Health and Safety at Work etc. Act 1974 to ensure your health and safety in the workplace as far as is reasonably practicable. They should do this by carrying out regular risk assessments, providing appropriate personal protective equipment (PPE) and ensuring that all employees receive proper training, amongst other things.
One example of an accident resulting from employer negligence could be an eye injury caused by exposure to a corrosive chemical substance. If the exposure was the result of the employer failing to provide sufficient PPE, then this could lead to a personal injury claim.
The workplace isn’t the only place you’re owed a duty of care by those in control. The Occupiers’ Liability Act 1957 outlines the duty of care owed by those in control of public spaces to those who use them for the purpose intended. Accidents in public places that are the result of negligence from those controlling the space could lead to a variety of injuries, including eye injuries. And if you’re injured in a public place under such circumstances, you could be entitled to make a compensation claim.
For instance, you may be in a bar where a member of staff is cleaning tables. The spray bottle they are using could be faulty, causing a cleaning solution to be sprayed in your eye. In this case, your eye injury would be the result of negligence on the part of the occupier of the space.
It’s worth noting that the Occupiers’ Liability Act doesn’t specify who the occupier of any given space is. However, it does state that it should be someone who has control over the space. It should be reasonable to expect that the occupier could have predicted that an accident would have taken place. They should also have the power to remove the hazard, reducing the risk of an accident occurring.
All road users have a duty of care to one another to take reasonable care to ensure the safety of others on the road. Road users should also take into consideration that some road users may not adhere to this duty and act accordingly. All drivers are expected to meet the standards of skill and care of the average motorist. It doesn’t matter whether you have been driving for decades or passed your test the day before; the duty of care is the same for all road users.
This duty of care aims to reduce the risk of accidents happening on the road. But road traffic accidents do happen and can result in an injury to the eye. For instance, a rear collision could cause a driver’s head to be forced forwards, causing an impact with the steering wheel. An accident of this nature could cause an injury to the eye. If your eye was injured in a road traffic accident that wasn’t your fault, then you may be able to make a claim.
You may be wondering, “how is the compensation for an eye injury calculated?”. If so, this section may be of interest to you. A typical claim for compensation will be made up of two heads; general damages and special damages. General damages is the part of your compensation that relates specifically to your injuries. It will be calculated by taking into consideration the kind of injuries you’ve sustained, how severe they are and the impact that they have had on your quality of life.
In order for the general damages head of your claim to be calculated, you’ll be asked to attend a medical assessment where an independent expert will examine your injuries. They’ll chat to you about the impact that your injuries have had on you and compile their findings in a report. This report will include their notes on your injuries and how they expect your recovery to progress.
This report will be sent to your solicitor. Your solicitor will then refer to this report and the Judicial College Guidelines to calculate the general damages head of your claim. These are guideline compensation brackets for a variety of injuries of different severities.
General damages is just the first part of a compensation settlement. Read on to find out more about special damages and how these are calculated.
The compensation settlement also includes special damages. These cover any financial losses or expenses that you’ve incurred as a direct result of your injuries. For instance, you could need to take time off work while you’re unable to fulfil your duties because of your eye injury. The special damages head of your claim could reimburse you for any lost earnings caused by your injuries, provided you’re able to support your claim with evidence such as receipts, invoices and bills.
Special damages could also include:
- The cost of public transport or taxi fares if you’re unable to drive
- Parking or fuel costs for hospital or medical appointments
- Care costs if you’ve needed someone to care for you
- Home adaptations if you have any long-term disabilities
- Medical treatment not available on the NHS
- Prescription costs
The list of special damages that we have included above is not exhaustive. If you’ve experienced any financial losses that aren’t included in the list above, then speak to a member of our team to see if they could be included in a claim for compensation.
Mr Wyndham, 29, worked as a carpenter on a construction site. One day he came into work ready to start his duties when he realised that the strap which held his safety goggles to his head was broken. He approached his supervisor and asked for a new pair to use.
Mr Wyndham’s supervisor advised him that there were no spare pairs of goggles. He told him that he could instead use a plastic visor to protect his eyes from sawdust. Mr Wyndham was hesitant about this, as it was clear that the visor didn’t offer as much protection as the goggles he usually used. But he was told that if he refused to carry out his duties, he’d be sent home without pay, so he took the visor and started his working day.
It wasn’t long before some sawdust entered Mr Wyndham’s eye. He was immediately in a great deal of pain but had the presence of mind to resist the instinct to rub his eyes. The eye that had been affected was watering, and the vision out of it was badly blurred. He thought back to the conversation with his supervisor and was incredibly frustrated at the turn of events that had unfolded.
After the accident
He sought medical attention immediately. In the meantime, a colleague who was with him when the accident occurred filled out the accident book. Upon examining him, a doctor confirmed that Mr Wyndham had a corneal abrasion. This meant that the transparent part of the eye which covered the front of his eye was scratched.
The doctor prescribed some eye drops and advised Mr Wyndham to take a few days off work while his eye recovered. But soon, his injured eye was weepy, red and sore. When he took himself back to the doctors, he advised that his eye had become infected and was told that this might cause him some long-term problems with his vision.
Mr Wyndham experienced some complications with the recovery of his eye, meaning he had to take a total of 4 weeks off work. The vision in his injured eye remained blurred permanently, meaning that he was forced to wear glasses, which he needed to pay for. He was also unable to drive while his eye was healing. This meant that he needed to pay public transport costs while he was recovering.
The frustration that Mr Wyndham felt at his concerns having been dismissed was exacerbated by the news that he’d have permanent problems with his vision because of this. He decided to pursue compensation and sought legal advice from a personal injury solicitor.
Mr Wyndham received a compensation settlement of £13,000. He received £10,000 in general damages and £3,000 in special damages, which are broken down in the table below.
|Type Of Special Damages
|Lost earnings from being unable to work for 4 weeks
|Costs of glasses
|Costs of using public transport for journeys
|Other costs relating to his injury
Note: This case study is not a real-life example. Instead, it’s based on our experience of assessing compensation claims for personal injuries.
We offer a consultation free of charge prior to you making the decision to claim for your eye injury. This is so that you become fully aware of what to expect from the claims process before you commit to taking any legal action.
We’ll also be able to give you an estimated valuation of your claim based on the information provided to us. You may have noticed that some websites offer compensation calculators which value your claim based on the information you provide. While these can be a useful tool, they won’t provide you with as accurate an estimate as a chat with one of our advisors.
Get in touch with our team today and see how much your claim could be worth. Or read on to find out more about claiming on a No Win No Fee basis.
You will probably have heard the phrase “No Win No Fee” used before in the context of personal injury claims. But what does it actually mean?
A No Win No Fee agreement is sometimes also known as a Conditional Fee Agreement. It’s a contract between you and your solicitor that you sign before your claim begins. This agreement will set out the conditions that your solicitor needs to fulfil in order for them to receive payment.
When you sign a No Win No Fee agreement, it means that:
- Your solicitor won’t ask you for any payment before your claim starts
- You won’t be asked to pay anything while your claim is being worked on
- Payment to your solicitor won’t be required if your claim doesn’t succeed.
With a No Win No Fee agreement, the only time you’ll be required to pay any fees to your solicitor will be if your claim succeeds. In this case, a legally capped success fee will be taken from your compensation award to cover their costs.
Thank you for reading our guide on making a claim for an eye injury. If your eye injury has caused significant discomfort and disruption and was caused by a breach of duty of care, then you may be able to claim. Get in touch with our friendly team to see if you could be entitled to claim compensation.
You can get in touch with us by:
- Calling us on 0161 696 9685
- Filling out our callback form
- Using the chat feature to the bottom right of this page.
Thank you for reading through the entirety of our guide on claiming compensation for an eye injury. Below, we’ve included some useful resources that may help you.
Incorrect PPE Eye Injury Claims– Our guide to claiming compensation for an eye injury caused by incorrect PPE.
How Many Personal Injury Claims Go To Court?– If you’re wondering whether your compensation claim is likely to go to court, then this guide could help.
Claiming Compensation With a Pre-existing Condition– Sometimes, an injury can exacerbate or accelerate a condition that you already suffered from. Read our guide to see how this could affect your claim for compensation.
Advice on claiming for an eye injury caused by negligence by an optician, and how much compensation you may be entitled to.
The Personal Protective Equipment at Work Regulations 1992– This legislation outlines the requirements for PPE in the workplace.
NHS Guide to Eye Injuries– This NHS guide will go through the symptoms of eye injuries and when to seek medical attention.
The Highway Code- This page contains the Highway Code, which outlines the ways that road users can ensure the safety of one another while on the road.
What are the symptoms suggesting a serious eye injury?
We would always advise that any injury to the eye or sight be checked out by a medical professional.
What could cause an eye injury?
Your eye may be injured following a blow or puncture, after being scratched or following exposure to a foreign substance such as chemicals or sand.
How much is an eye injury worth?
The amount of compensation that an eye injury could be worth will vary on a case to case basis. The severity of the injury and the value of any special damages will influence how much you could receive.
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