This guide will explore when you could be eligible to make a serious injury claim for blindness following an accident that was caused by a third party breaching their duty of care. Different parties owe a duty of care, including occupiers, employers, and road users, to protect your health and safety. If this duty is breached, it could lead to you sustaining an injury. We discuss the duty of care you are owed in more detail throughout this guide.
Whether permanent or temporary, loss of sight can have a serious impact on someone’s life. If eligible, you could be awarded a personal injury settlement comprising compensation to address the way your injury has affected you and your quality of life.
As we move through this guide, we discuss the criteria that need to be met in order to have valid grounds to pursue compensation, and the evidence you could provide to strengthen your case. Additionally, we discuss how personal injury compensation payouts are calculated.
Furthermore, we have provided a figurative case study to help you understand the different steps that may need to be taken when seeking compensation.
Finally, we look at the benefits of working with a No Win No Fee solicitor from our panel and the helpful services they could potentially provide.
If you have any other questions, please contact an advisor for free advice 24/7. To reach them, you can:
- Call 0161 696 9685
- Fill out our ‘contact us’ form.
- Message an advisor via our live chat feature below.
Browse Our Guide
- When Can You Make A Serious Injury Claim For Blindness?
- Case Study: £3 Million Payout In Loss Of Sight Compensation
- Calculating Compensation For Loss Of Sight
- What Evidence Could Help You In A Serious Injury Claim For Blindness?
- Make A Claim For Blindness With A No Win No Fee Solicitor
- Learn More About How To Claim For A Serious Injury
There are three criteria that you need to show you meet in order to have an eligible personal injury compensation claim for blindness:
- You were owed a duty of care by a third party.
- This duty was breached.
- You experienced harm as a result.
In tort law, these three points define negligence of which you need to provide evidence in order to have valid grounds to proceed with your personal injury claim.
There are several third parties who owe a duty of care, including your employer in the workplace, other road users on the roads, and the party in control of a public space. We have provided further information on these parties and the duty of care they owe in the sections below.
Accidents At Work
A duty of care to take reasonable and practicable steps to prevent employees from becoming harmed at work is placed on employers by the Health and Safety at Work etc. Act 1974 (HASAWA).
One of the steps they could take to uphold this duty is providing necessary personal protective equipment (PPE) to employees so they are able to perform their tasks safely. This could include eye protection, such as goggles, to reduce the risk posed by working with hazardous substances. If an employer failed to do so, it could lead to an employee experiencing permanent loss of sight after having chemicals splashed in their eyes.
Road Traffic Accidents
The Road Traffic Act 1988 and the rules in the Highway Code must be adhered to by road users in order for them to uphold their duty of care. The duty of care they owe other road users is to act in a way that prevents others, and themselves, from sustaining harm or damage.
If there is a failure to do so, it could result in a road traffic accident in which someone sustains an eye injury. For example, a driver may have failed to check their mirrors before pulling out at a junction causing them to crash into the side of an oncoming vehicle. The impact of the crash may cause the windshield to shatter causing glass to go into the drivers eye and resulting in temporary blindness.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 places a duty of care on those in control of a public space. As part of this duty, they must ensure they take steps as a way to ensure the reasonable safety of those using the space.
If there is a failure to abide by this duty of care, it could lead to a public place accident. For example, a customer in a restaurant might fall down a flight of stairs due to a spill that wasn’t signposted or mopped up in a reasonable time frame. As a result, they may have sustained a serious brain injury that led to complete blindness.
To discuss your specific case and find out whether you’re eligible to make a serious injury claim for blindness, please contact an advisor on the number above.
The case study below is figurative. It has been provided for guidance purposes only.
Mr. Mitchell worked on a construction site where he was required to work with hazardous chemicals as part of his role. Due to the employer being unable to remove the risk of injury completely, Mr.Mitchell should have been provided with the personal protective equipment (PPE) necessary to reduce the risk, such as goggles. However, his employer failed to provide PPE and instructed Mr.Mitchell to carry out his tasks without goggles.
During the course of the day, his eyes were splashed with chemicals which caused him to suffer permanent blindness. This meant he could no longer return to work or drive, and required assistance at home, as well as adaptations to his home. Due to the impact on his quality of life, and well-being, Mr. Mitchell decided to take legal action against his employer.
He decided to instruct a solicitor to help him. The solicitor assisted him with gathering evidence to support his case and ensured all correspondence was submitted within the relevant time limit.
Eventually, Mr.Mitchell succeeded with his case and was awarded a £3 million payout consisting of compensation for the way his injuries had affected his quality of life and the monetary costs he had incurred as a result.
For further guidance on the steps you could take to begin a workplace injury claim, please contact an advisor on the number above.
There are two different heads of loss that can comprise a personal injury compensation payout following a successful claim. The primary head of loss, known as general damages, compensate for the pain and suffering your injuries have caused you. This can include both physical and psychological injuries.
Legal professionals, such as solicitors, can refer to different resources to help them value general damages. For example, they can use medical reports from an independent medical assessment which can be organised as part of the serious injury claims process.
This report can be used alongside the guideline compensation brackets from the Judicial College Guidelines (JCG). These figures correlate to different types of injuries all varying in severity, some of which you can find in the table below.
Please use these figures as a guide only. Settlements will vary depending on the different circumstances of each case.
|Guideline Award Brackets
|Up to £1 million plus
|Compensation for several injuries alongside the financial losses incurred as a result.
|Injuries Affecting Sight
|In the region of £268,720
|Cases of total sight loss in both eyes.
|Loss of Sight in One Eye with Reduced Vision in the Other (i)
|£95,990 to £179,770
|There is a serious risk of further deterioration in the remaining eye, this goes beyond a risk of sympathetic ophthalmia.
|Loss of Sight in One Eye with Reduced Vision in the Other (ii)
|£63,950 to £105,990
|Reduced vision in the other eye with other problems, such as double vision.
|£282,010 to £403,990
|The award considers several factors, such as any sensory impairment.
|£219,070 to £282,010
|Cases with a risk of associated future development of other medical problems, such as blindness, may be covered by this bracket.
|Loss of Earnings
|Up to £100,000 pluss
|Compensation to reimburse any lost income incurred due to time required off work because of the injuries sustained.
How To Claim For Special Damages
Special damages are the second head of loss that can make up your settlement if general damages are awarded. Special damages compensate for the financial losses incurred due to your injuries. For example, you could seek compensation to reimburse you for the following:
- The loss of earnings incurred through being unable to return to employment
- The cost of home adaptations.
- Medical expenses.
- Care costs to help you at home.
Having evidence of these expenses can help, so it’s important to retain all receipts, invoices and payslips or bank statements that clearly show the financial losses you have incurred.
For more information on how serious injury compensation following a successful claim for blindness is calculated, please contact an advisor on the number above.
Evidence can help strengthen your serious injury claim for blindness as it can demonstrate that you experienced harm due to a third party not adhering to their duty of care. Therefore, it can help to collect the following:
- CCTV or dashcam footage of the accident.
- A copy of the accident report from the workplace accident book, if you were injured at work.
- Photos of your injuries and the accident.
- Witness contact details.
- A copy of your medical records.
If you have an eligible claim for blindness, you could instruct a personal injury solicitor from our panel to work your case under a particular kind of No Win No Fee contract. There are many types but the one they could offer is called a Conditional Fee Agreement (CFA). Under a CFA, you typically won’t need to pay for the work completed by your solicitor at the following times:
- When your case begins.
- As your claim continues.
- If your claim has a failed outcome.
Following a claim that has a successful outcome, your solicitor will take a success fee from your compensation. This is taken as a legally capped percentage ensuring you keep the majority of your settlement.
To find out whether you’re eligible to make a loss of sight compensation claim with a solicitor from our panel, please contact an advisor. You can do so via the following details:
- Call 0161 696 9685
- Fill out our ‘contact us’ form.
- Message an advisor via our live chat feature below.
For more of our helpful guides:
- Read about seeking compensation for partial blindness.
- Learn how compensation payouts for an eye injury are calculated.
- Find out more about making an eye injury at work claim.
For more external resources:
- A helpful NHS guide on vision loss.
- Guidance from GOV.UK on statutory sick pay.
- Information on safe use of chemicals at work from the Health and Safety Executive.
Thank you for reading our guide on a claim for blindness. Please don’t hesitate to get in touch with our team of specialist advisors for your free, no-obligation consultation.