Eye Injury Compensation Claims
Sight is such a critical function, even minor eye injuries can have a devastating impact on your lifestyle, making day-to-day life tasks difficult. Eye injuries at the workplace may be considered work-related injuries. They can either be major or minor injuries resulting from an accident.
If you have suffered eye injuries due to someone else's negligence or medical negligence, then you may be entitled to an eye injury compensation claim for your pain and suffering and how the injury affects your ability to earn an income. To do so, you will have to seek medical attention and contact personal injury lawyers. They are experts and can help you lodge a successful eye injury compensation claim.
For example, Smith's compensation lawyers have a No win, No fee, No Catch policy. We would wear the costs if the claim were to present in court and have an unfavorable outcome. There is no financial risk, and in over 25 years, we have never had a client out of pocket.
Talk with an experienced WorkCover lawyer to learn more.
Common Types of Eye Injuries
Suffering any eye injury can be a traumatic and discomforting experience. Some are only minor eye injuries, (for example poking in the eye with a finger) and may not require medical treatment. Others can be caused by a more severe accident leading to life-changing impacts . A penetrating wound to your eye could lead to permanent loss of sight, sometimes even requiring eye surgery.
According to the Australian Institute of Health and Welfare, in the previous year, more than 10,000 people in Australia suffered eye injuries so severe that they required hospital admission. Some of the most common eye injuries include:
Blunt Trauma
An eye injury caused by blunt force trauma is when the eye sustains a hit or blow. Common minor blunt force eye injuries include black eyes and double vision. People who suffer minor injuries usually make a full recovery, however, more severe blows could lead to serious eye injuries, including the permanent loss of vision.
Scratches, Punctures, and Cuts
Scratches, punctures, and cuts from interaction with external objects can damage the eyelids or the eyeball itself. Scratches can result in pain and discomfort, while punctures and cuts can lead to long term vision loss.
Chemical Burns
One of the more common work-related eye injuries, for people working in factories, is 'chemical scorching' which entails chemicals coming into contact with the eyes. The results of the contact can range from minor irritation and redness to total loss of sight. Chemical scorching due to someone's negligence, may be grounds for lodging an eye injury compensation claim.
Foreign Objects in Eye
Foreign bodies like sand, wood splinters, and metal shavings can enter the eye and damage it. Sharp objects that enter the eye can scratch, puncture or crush the eyeball or tissue around they eye. The employer must provide safety equipment to prevent foreign bodies from entering employees' eyes. If they fail to do this, the injured worker may be able to make an eye injury claim.
Eye Diseases Caused By UV Exposure
Overexposure to UV light, whether from natural or artificial sources, can lead to radiation burns, significantly affecting vision. This can result in similar injuries as chemical burns. Negligence on the employer's part (e.g. ensuring adequate safety equipment is available) may result in a compensation claim by the injured employee.
Can I Claim Compensation For My Eye Injury?
You might have a potential case if your eye injury was incurred at work. To be eligible for workers compensation, you should:
- Report your injury to the employer.
- Seek treatment from a medical professional and receive a Work Capacity Certificate
- Submit a Common Law claim within three years of the date you got injured
Common Causes of Eye Injury
Some of the significant causes of eye injuries at the workplace include:
Airborne Objects
Foreign bodies in the air can sometimes penetrate the surface of the eye. The extent of the injury suffered usually depends on the foreign object that enters the eye, whether metal shavings, wood splinters, sand particles, and more. Workers should wear safety glasses to prevent foreign bodies from entering their eyes. Employees can lodge eye injury claims if the eye injury happens due to the employer's negligence.
Machinery, Power Tools And Welding Sparks
At times, when you're operating a machine or power tools, an accident can occur, causing an eye injury. Workers in the metal industry are also at risk of eye injuries because sparks from welding can penetrate their eyes if they aren't wearing safety goggles.
It is an employer's role to provide eye safety equipment, failing which they may be liable to a personal injury claim.
Exposure to UV Radiation
Exposure to Ultraviolet radiation, be it from natural or artificial sources, can cause you to sustain an eye injury. This can cause minor irritation and redness and, in severe cases, a complete loss of sight. If personal injury lawyers can prove the employer's negligence is responsible, you can make an injury compensation claim for your eye injury.
Abrasive or Hazardous Chemicals
Eye injuries can occur when there's an accident, and a person is unexpectedly splashed or sprayed in the eyes by certain substances. Some of these substances can sting or burn when they come into contact with the eyes, but they are relatively harmless in the long run.
However, other substances can result in serious injury and long-term consequences. Another person's negligence can cause an eye injury due to abrasive chemicals, which may be grounds for filing an eye injury compensation claim.
What Is The Compensation Claims Process For Eye Injury?
If you suffer an eye injury at work, you are entitled to an eye injury claim. Before you make a claim and seek compensation, the first thing you should do is get treatment from a qualified medical practitioner. The doctor will issue you a Work Capacity Certificate which you can lodge with WorkCover Queensland or a self-insurer when making your claim.
It's also crucial to seek expert advice from personal injury lawyers experienced in representing people who suffer workplace injuries.
They'll understand your needs personally and assist you with the legal process of making a successful claim. This makes the whole process of getting compensation for your injury stress-free. Smith's offers a No win, No Fee, No Catch promise, which provides no financial risk to our clients. In over 25 years, we have never had a client out of pocket.
1. Submit an Application with WorkCover
After getting treatment, you should begin lodging a workers compensation claim with WorkCover Queensland or the self-insurer.
The steps for making workers compensation claims are:
- Get a Work Capacity Certificate from a qualified doctor
- Lodge a claim form with WorkCover QLD
- Where the employer is self-insured and has limited liability, the injured employee should ask the employer for the insurer's details and the procedure to apply for a claim
2. Wait for Assessment by WorkCover
After submitting the claim, WorkCover will access it and decide whether to accept your claim. This should occur within 20 business days, however sometimes it may take longer to make a decision.
3. Receive Your Workers Compensation Claim Outcome
WorkCover or the self-insurer will assist you with treatment and may pay for some of your wages while you are unable to work. At the end of your claim, you can ask the insurer to assess your injuries. The outcome of the assessment will state the result and may provide a lump sum amount.
4. Accept the Workers Compensation Claim Offer or Claim Damages
If WorkCover accepts the claim and has the compensation scheme approved, you can either choose to accept or reject the lump sum amount offered. You may also elect to peruse a claim against your employer.
Injured workers who file successful eye injury claims usually have an expert team of compensation lawyers . Expert lawyers will ensure that you get the maximum compensation for your past and future losses.
Common "At-Risk" Jobs Involve:
Chemicals
Occupations that involve abrasive chemicals pose a significant risk to workers. The splattering and splashing of these chemicals into a worker's eyes can have damaging effects. Chemical injuries can result in extensive damage to the ocular surface and anterior segment of the eye, leading to disfigurement and visual impairment.
Dust
Jobs, where a lot of dust is produced, are a danger to workers who don't wear eye protection. Mining and timer factories are examples. They can cause minor to serious eye injuries depending on a range of factors.
UV or Bright Light
Occupations that expose workers to bright light or Ultraviolet radiation can also cause severe eye injuries. The macula, cornea, and lens can be harmed by chronic exposure to UV rays over many weeks, months, or years. This can also lead to macular degeneration. A “sunburned” cornea can cause blurry vision and loss of eyesight. A damaged lens may result in clouding of the lens that blurs vision, or a cataract.
Workers in the construction industry are at risk of eye injuries due to exposure to dust, flying or falling objects, and sharp tools. Employers in the construction industry should ensure workers have protective gear for their eyes, to avoid potential injury claims in the future.
Power Tools and Machine Use
Jobs that require the operation of power tools and machines like metalworking usually place workers in danger of eye injuries. Employees that use power tools in their work risk serious injuries, such as vision loss, spinal cord injury, amputations, and even death.
How Long Do I Have To Make My Claim For My Eye Injury?
As is the case with most personal injury claims, you should file your eye injury claim within three years of the date you sustained the injury. Therefore, you should contact a personal injury lawyer as soon as possible to kickstart the claims process.
What Are The Average Payouts For Eye Injury Claims?
How much compensation you get for eye injury claims depends on the impact the injury has on your quality of life and ability to earn an income in the future. In minor cases, the pain and discomfort that a minor injury causes can affect your ability to work and your day-to-day life. An eye injury can cause ongoing complications in more severe cases, including blindness in one eye or both.
Other factors that determine how much compensation you'll receive include:
- Lost earnings and any future loss of earnings
- Changes in your working ability
- Medical and hospital expenses
- Loss of superannuation benefits
- Care and support, whether paid for or free by family and friends
Most of the time, having an experienced personal injury lawyer in personal injury claims will ensure you receive the maximum compensation.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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