Eye Injury Claims – A Complete Guide
Damage to the eyes can severely impact your ability to function in day-to-day life, especially if your vision is impaired. You may feel worried about your future and need help at home. Starting a claim for compensation can help you to move forward. In this guide we explain how eye injury claims could be made.
We begin by explaining the personal injury eligibility requirements that need to be met in order to have a valid claim. Additionally, we share examples of different accidents that could lead you to suffering an eye injury.
Following this, we discuss the two forms of compensation that could be awarded if you make a successful claim. Furthermore, we share how a solicitor from our panel could help you with making your claim on a No Win No Fee basis.
If you have any questions while reading this guide, or would like to discuss your case, you can contact one of our advisors:
- Call 020 3870 4868
- Get in touch Online
- Use the live chat feature on this page
Jump To A Section:
- Am I Eligible To Make An Eye Injury Claim?
- Common Causes Of Eye Injuries
- The Average Value Of Eye Injury Compensation
- How To Make An Eye Injury Claim
- Why Choose UKLaw For Your Claim?
- More Information
Am I Eligible To Make An Eye Injury Claim?
In order to make an eye injury claim, you must be able to prove that:
- Someone owed you a duty of care at the time of the incident
- They failed to enact their duty
- This failure caused you to suffer an injury
All three statements must apply to all eye injury claims in order to be considered valid. Below, we set out the different scenarios where you are owed a duty of care.
Road Traffic Accident
People must follow certain rules and laws when using the road as they have a duty of care to each other. These include the Highway Code and the Road Traffic Act 1988. This applies to pedestrians, cyclists, motorcyclists and drivers. When a road user causes someone injury because they have not followed the rules, the injured person may be able to start a road traffic accident claim.
Accident In A Public Place
The occupier, who is in charge of a space, must take necessary measures to reasonably protect visitors from harm. The Occupier’s Liability Act 1957 legally upholds this duty of care. If an occupier’s negligent actions have caused your injury, you could be eligible to claim for an accident in a public place.
Workplace Accident
Your employer owes you a duty of care under the Health and Safety etc. Act 1974. This means that an employer must take reasonable steps to prevent any injury to their employees. When an employer has failed to enact their duty, and this has caused injury to an employee, it could give grounds for a workplace accident claim.
Your employer must also provide you with Personal Protective Equipment (PPE), as per the Personal Protective Equipment at Work Regulations 1992. For example, they should provide eyewear if your work involves the risk of substances getting into your eyes.
To see whether you may have a valid case or to ask any questions about eye injury claims, you can contact our advisors.
Common Causes Of Eye Injuries
Various different types of accidents could lead to eye injury claims being made.
Examples include:
- When you walk past shelving at work, the shelves have not been secured to the wall. A shelving unit falls on you, knocking into your eye and causing blunt-force trauma.
- Your employer does not provide you with safety goggles when you are using machinery. This means that debris from the machine gets into your eye and causes you harm.
- You use a public swimming pool that contains too much chlorine. The chemical irritates your eyes and leaves you with temporarily blurred vision and pain.
- An uneven floorboard in a restaurant causes you to trip and fall. You hit your head on a table as you go down, and this causes an injury to your eye socket.
- A driver runs a red light and crashes into the front of your car. This causes your windscreen to smash, and a shard of the glass injures your eye.
- The car behind you is speeding and cannot stop in time when you have to brake in front of them. They crash into the rear of your car, causing you to knock your eye on your steering wheel and fracture your eye socket in this car accident.
Types Of Eye Injuries You Can Claim For
There are various different types of eye injury you could make a personal injury claim for. Some examples include:
- Scratches or abrasions to the cornea
- Foreign objects in the eye (which can cause infection)
- Cutting or penetrating injuries to the eye
- Impact on the eye leading to eyeball rupture or orbital fracture
- Hot liquid, fumes, smoke or chemicals in the eyes
- Blindness or blurred vision
If your eye injury was not included in this list, you can contact an advisor to discuss your case and see whether you may have an eligible claim.
The Average Value Of Eye Injury Compensation
General damages are always awarded in successful eye injury claims. This compensates you for your injury and the pain and suffering it has caused you.
When valuing your claim, reference may be made to the Judicial College Guidelines (JCG). This provides compensation guidelines for different injuries.
The table below uses figures from the JCG relating to eye injuries. However, you must consider that these figures do not provide a guaranteed amount for your compensation.
The first row also does not use a figure from the JCG.
Type Of Injury | Severity | Compensation Amount |
---|---|---|
Multiple severe injuries with financial suffering | Severe | Up to £1,000,000+ |
Injury to the eye | Total blindness (B) | In the region of £327,940 |
Loss of sight in one eye with reduced vision in the remaining eye (C) (i) | £117,150 to £219,400 | |
Loss of sight in one eye with reduced vision in the remaining eye (C) (ii) | £78,040 to £129,330 | |
Total loss of one eye (D) | £66,920 to £80,210 | |
Complete loss of sight in one eye (E) | £60,130 to £66,920 | |
Serious incomplete loss of sight in one eye (F) | £28,900 to £48,040 | |
Minor but permanent impairment of vision in one or both eyes (G) | £11,120 to £25,600 | |
Minor | £4,820 to £10,660 |
The Factors That Affect Your Claim
Various factors will affect the amount of compensation you could potentially receive for a successful personal injury claim. Some of these factors include:
- The type of accident you were involved in.
- The severity of your injury.
- Your expected recovery period.
- What financial losses were suffered.
Special Damages And How They Affect Your Payout
Special damages cover the financial impact that you have suffered due to your injury. They may include:
- Lost earnings- this can be caused by time taken off work to recover or not being able to work in the future if the injury is serious.
- The cost of care- if you have lost your sight, you may require help at home.
- The cost of medical treatment- including medical care and medication.
- The cost of adaptations made to your vehicle or home- for example, a handrail.
- The cost of travel to medical appointments.
Get in touch with an advisor for more information on how compensation is calculated for eye injury claims.
How To Make An Eye Injury Claim
If you believe that you are eligible to start an eye injury claim, you may want to know some further information about the process. Continue reading to find out more.
Gathering Evidence To Support Your Case
In order to proceed, you will need evidence to show that you suffered an eye injury. You will also need to prove that this was due to someone failing to uphold their duty of care to you.
Evidence could include:
- Bank statements or payslips to show lost income
- Accident reports (if the injury was suffered in a workplace or public space)
- Photos/videos of the incident (such as CCTV footage)
- A copy of your medical records or a letter from a medical professional
- Contact details of witnesses who may be called on to give a statement
It is a good idea to keep hold of any receipts or correspondence you have regarding the incident and its various costs to you.
How Long Will It Take To Get Eye Injury Compensation?
The length of time it may take for you to receive compensation cannot be guaranteed. It depends upon many variables, such as:
- Whether the defending party admits liability
- The type of injury and its severity
- How long it takes you to recover from your injury
- The time required to collect all the evidence that is relevant to your claim
- Whether the defending party agrees to settle
Regardless of how long your claim may take, a solicitor from our panel could help you through every step. Contact our advisors today to learn more.
Why Choose UKLaw For Your Claim?
The legal process can seem daunting and overwhelming. However, if you choose to proceed with an eye injury claim, an experienced personal injury solicitor from our panel can help by:
- Collecting the evidence required for your claim
- Communicating with the defendant on your behalf
- Ensuring that your claim is filed within the time limit (this is generally 3 years)
- Explaining legal jargon to you and checking that you have completed all necessary documents
- Negotiating the settlement of compensation to cover relevant general and special damages
They can also offer you a No Win No Fee contract. Through a Conditional Fee Agreement (CFA), you would not be required to pay any service fees:
- Before the claim has begun
- Throughout the duration of the claim
- If you are not successful in gaining compensation
If you do receive compensation, you would be required to pay a success fee to your solicitor. This fee is legally capped at a certain percentage, so you still receive the majority of the compensation.
If you have any further questions regarding the eye injury claims process, would like to receive free advice for your case and potentially be connected with a solicitor on our panel, you can contact our advisors today:
- Call 020 3870 4868
- Get in touch Online
- Use the live chat feature on this page
More Information
You can also:
- Read about claims for a fractured eye socket
- Find out more on how to claim for an eye injury at work
- Learn about head injury claims
For further information:
- Check out the NHS webpage for eye injuries
- The Health and Safety Executive (HSE) provide guidance on providing personal protective equipment (PPE) in the workplace, such as safety goggles.
- See if you may be eligible for statutory sick pay from Gov.UK.
Thank you for reading this guide on eye injury claims.