What Are Your Rights When Making An Eye Injury At Work Claim?
Do you need to make 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. This guide will look to examine when an employee can make an eye injury at work claim.
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
- Or getting in touch online with our ‘call back’ or contact us request
Select A Section
- What Duty Of Care Did Your Employer Have?
- Workplace Health And Safety Laws
- Are You Entitled To Full Pay If Injured At Work?
- Do I Have The Right To Make An Eye Injury At Work Claim?
- What Entitles You To An Eye Injury At Work Claim?
- Learn More About Your Rights
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.
As well as the Health and Safety At Work etc Act 1974, there are other pieces of legislation that define how employers should protect the safety and wellbeing of their employees. They include:
- The Personal Protective Equipment (PPE) At Work Regulations 2022 (recently amended from April 6th to include a wider group of workers)
- The Manual Handling Operations Regulations 1992 explains how to assess, avoid, and reduce the risk of injury from manual handling
- Equality Act 2010 seeks to eliminate discrimination and apply an even-handed approach in the workplace.
- Employment Rights Act 1996 – sets out the lawful terms and conditions between employers and employees, such as contracts, wages, and dismissal procedures.
- And the method for reporting serious accidents such as eye injuries using The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
All these pieces of law seek to protect well-being and preserve a legal entitlement to be safe in the workplace. You can speak with our advisors for clarification on any of the legislation above for free when you call.
After an eye injury that requires you to take time off work, the question of what level of pay you can expect is probably a vitally important one. The exact amount depends on what you agreed to in the terms and conditions of your employment.
Contracts of employment can vary widely so the first step is to look at your contract and see what sick pay terms you have. Your employer may only be required to pay a reduced portion of your salary rather than full pay.
Sick Pay Entitlement
By law, employers must give Statutory Sick Pay (SSP) at £96.35 a week for a total of 28 weeks. In order to be eligible for Statutory Sick Pay (SSP), you need to be considered as an employee earning at least £120 per week. Exceptions can include employees who have already received the maximum 28 weeks of SSP or are in receipt of Statutory Maternity Pay.
Regular periods of sickness may count as ‘linked’. Sick periods must be 4 days or more in duration. SSP is no longer provided if there is a continuous instance of linked periods for more than 3 years. But you may still be eligible to claim SSP as a new employee who has been paid less than 8 weeks of earnings.
The simple answer is ‘yes’ if you can prove you were injured at work because of health and safety requirements your firm failed to implement. The checklist below offers some points that are important to clarify. They could give your eye injury at work claim a better start:
- Did your employer have a duty of care to you at the time and place of the accident?
- How did they breach that duty?
- Was that the direct cause of your accident and injury?
In order to make an eye injury at work accident claim for compensation, there must be actual injury. An accident in itself is insufficient grounds. Furthermore, it’s important to be sure that as an employee you were doing your best to comply with health and safety law at work as required under Section 7 of the Act.
In addition to this, there are time limits to be aware of. Normally you have three years under the terms of the Limitation Act 1980 to start a claim. There are exceptions for people under 18 or those who lack the mental capacity to represent themselves. Our advisors can help clarify these points when you call them.
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:
|Nature of eye injury||Supporting notes||JC Guideline compensation bracket|
|Total blindness (b)||Permanent and complete sight loss||In the region of
|Sight loss in one eye, reduced in the other (c) (i)||With a significant risk of sight loss in he remaining eye||£90,100 to £168,730|
|As above (c) (ii)||Reduced vision and double vision problems in remaining eye||£60,010 to £99,440|
|Total loss of one eye (d)||Age, cosmetic and psychological impact taken into account||£51,460 to £61,690|
|Loss of sight in one eye (complete) (e)||Incorporating a risk of 'sympathetic ophthalmia'||£46,240 to £51,460|
|Impact on one eye more than the other (f)||Incomplete but serious loss of vision in one eye but no risk of loss in the other,||£22,230 to £36,960|
|Minor but permanent visual impairment (g)||Double vision. light sensitivity||£8,550 to £19,690|
|Minor injuries to the eye (h)||Impact to the eye, liquid or smoke contact||£3,710 to £8,200|
|Transient eye injuries (i)||Injuries that rectify themselves in a few weeks||Up to £3,710|
|Multiple facial bone fracture (b)||Injuries that could impact the eye socket||£13,970 to £22,470|
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.
Facing an eye injury at work claim can feel daunting. Or you may feel comfortable representing yourself. Either way, It’s also worth thinking about how a personal injury specialist could make it easier for you.
Working under a No Win No Fee agreement, they could start work for you at no upfront cost. As the case develops they need no retainer fee under an agreement like this. In fact, you only need to pay a maximum percentage of 25% from your settlement if your case wins. Should the No Win No Fee claim be unsuccessful, no solicitors costs are due at all.
Advantages like these mean you could start an eye injury at work claim with a personal injury specialist right now by:
- Calling our team on 0203 870 4868
- Accessing ‘live support’ help
- Or simply using the ‘call back’ or contact us requests
Eye injury 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
- 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