In this guide, we discuss when you could be eligible to claim for an injury due to no eye protection at work. Employers must provide personal protective equipment (PPE), such as goggles, to minimise the risk of injury where the risk cannot be completely removed. Failure to do so is a breach of their duty of care and if this leads to an injury, you could be eligible to claim personal injury compensation.
As we move through our guide, we look at the eligibility criteria that need to be met for you to have valid grounds to pursue compensation, the evidence you could gather to support your case, and how accident at work compensation payouts are calculated in successful eye injury claims.
Furthermore, we discuss the duty of care your employer owes and the legislation they need to adhere to. We also provide examples of how they could breach this duty of care leading to you suffering an eye injury in the workplace.
Finally, we look at how a No Win No Fee solicitor could assist you with claiming compensation without requiring an upfront or ongoing fee for their services.
If you have any other questions about accident at work claims, please contact an advisor using the details provided below:
- Call on 0800 073 8804
- Enquire about your claim online
- Use the live chat feature below
Select A Section
- How To Claim For An Injury Due To No Eye Protection At Work
- How Could No Eye Protection At Work Cause An Eye Injury?
- Evidence Supporting Workplace Injury Claims
- How Much Can You Claim For An Eye Injury At Work?
- How No Win No Fee Solicitors Could Help You Claim For An Injury Due To No Eye Protection At Work
- Discover More About Claiming For Workplace Injuries
How To Claim For An Injury Due To No Eye Protection At Work
Employers owe a duty of care to take reasonable and practicable steps to prevent you from becoming harmed in the workplace and as you carry out your work-related duties. This duty is laid out in the Health and Safety at Work etc. Act 1974. Some ways they can uphold this duty include:
- Providing adequate training to employees
- Carrying out regular risk assessments and addressing any hazards they become aware of
Furthermore, Regulation 4 of the Personal Protective Equipment at Work Regulations 1992 places a duty on employers to ensure that suitable personal protective equipment (PPE) is provided to employees whose health and safety may be at risk while they work. However, PPE is intended as a last resort. As such, if the risk has been adequately controlled through other means that are equally or more effective, an employer may not be required to provide PPE. This means that if your employer provided no eye protection at work, it may not always mean you’re eligible to claim compensation.
In order to claim compensation for an eye injury at work, you need to prove the following:
- You were owed a duty of care by your employer at the time and place of the accident.
- This duty was breached.
- You sustained an injury as a result.
You could make a personal injury claim for minor eye injuries to injuries that cause a loss of sight. To find out if you have an eligible claim for workplace eye injuries, simply call our team for free advice.
Time Limits For Personal Injury Claims
In addition to meeting the eligibility requirements above, you also need to start your claim within the relevant time limits for personal injury claims. As per the Limitation Act 1980, you generally have three years from the date of the accident to start legal proceedings.
There are some exceptions that could apply, such as if the injured person is under the age of 18 or if the claimant has a reduced mental capacity. You can learn more about these exceptions by calling an advisor on the number above. They can also answer any other questions about accident at work claims that you have.
How Could No Eye Protection At Work Cause An Eye Injury?
If no eye protection at work is provided when it’s necessary to minimise the risk of injury, it could lead to you becoming harmed. For example:
- You could suffer a chemical burn around the eye or complete loss of vision due to hazardous chemicals splashing into your eyes.
- You could suffer a corneal abrasion, which is a small scratch on the surface of the eye, causing temporary loss of sight in one eye due to sawdust getting in your eyes on a construction site.
- You could lose one eye due to a penetrating injury caused by glass or other particles being flung around when using power tools.
As mentioned, in order to claim for an eye injury at work after you weren’t provided PPE, you need to prove the injury happened because your employer breached their duty of care.
To discuss your specific case and learn if you are eligible to make a compensation claim, call an advisor at the number above.
Evidence Supporting Workplace Injury Claims
In order to prove your workplace injury claim, you should collect as much evidence as possible to prove employer negligence occurred. Evidence can also help demonstrate how your eye injury has affected you.
Examples of the evidence you could gather include:
- CCTV footage of the accident taking place or photographs of the accident scene and injury.
- A copy of the incident report from the accident at work book, if applicable.
- A diary of your treatment and symptoms. This can be particularly important to illustrate your physical and mental state after the accident.
- Copies of your medical records, such as scans and test results as well as doctor reports to show any medical treatment you received and the diagnosis given.
- The contact details of any witnesses. During the claims process, any potential witnesses could be asked to give an account of how the accident occurred.
If you’re eligible, you could instruct a personal injury solicitor to represent you. They can help you gather evidence to support your case and ensure your claim is brought forward within the correct time limit.
To find out whether one of our accident at work solicitors could help you claim for an injury due to no eye protection at work, call our team on the number above.
How Much Can You Claim For An Eye Injury At Work?
After a successful eye injury claim, you could be awarded a payout comprising up to two heads of loss. The first is called general damages, which compensates for physical pain, functional or cosmetic disability and mental suffering. Compensation can be sought for a physical and/or psychological injury.
When valuing general damages, reference can be made to the guideline compensation brackets listed in the Judicial College Guidelines (JCG). This document can be referred to alongside any medical evidence provided in support of your case.
The table below contains figures from the JCG that correspond to different types of injuries. Please note, the top entry is not from the JCG. You should also only use these figures as a guide because settlements can vary depending on the unique circumstances of your case.
| Injury Type | Severity | Notes | Compensation Brackets - Guidelines |
|---|---|---|---|
| Multiple Serious Injuries with Financial Loss | Serious | A payout addressing the pain and suffering of multiple serious injuries alongside monetary damage caused, such as lost income, medical bills, and care costs. | Up to £1,000,000+ |
| Eye | Complete Blindness | Total loss of sight in both eyes. | In the region of £268,720 |
| Sight Loss in One Eye with Reduced Vision in the Remaining Eye (i) | Serious risk of further deterioration in the remaining eye. This goes beyond some risk of sympathetic ophthalmia. | £95,990 to £179,770 | |
| Sight Loss in One Eye with Reduced Vision in the Remaining Eye (ii) | Reduced vision in the remaining eye with or without additional problems, like double vision. | £63,950 to £105,990 | |
| Loss of One Eye | The award given will depend on age, psychiatric impact, and cosmetic effect. | £54,830 to £65,710 | |
| Loss of Sight in One Eye | The award will take some risk of sympathetic ophthalmia into account. | £49,270 to £54,830 | |
| Serious but Incomplete Loss of Vision in One Eye | There is no significant risk of loss of or reduced vision in the remaining eye. | £23,680 to £39,340 | |
| Minor but Permanent Vision Impairment in One or Both Eyes | Cases may include some double vision which isn't constant. | £9,110 to £20,980 | |
| Minor | Minor eye injuries, such as being struck in the eye or being splashed with liquids. There is initial pain and some vision interference but this is temporary. | £3,950 to £8,730 |
Examples Of What Special Damages Could Be Awarded For
You could also be awarded compensation for any financial losses incurred due to your injuries under special damages. This is the second head of loss that could make up your overall settlement. Examples of the costs you could claim back include:
- Loss of earnings for time taken off work
- Travel costs
- Care costs
- Medical expenses
You need to provide evidence of these losses in order to claim them back. As such, you should keep hold of any receipts, payslips, and invoices.
For further guidance on how much compensation you could potentially be awarded following a successful accident at work claim, call our team on the number above.
How No Win No Fee Solicitors Could Help You Claim For An Injury Due To No Eye Protection At Work
If you get in touch with our team, they can assess your case for free and if they find you have a valid claim, they may be able to connect you with one of our experienced accident at work solicitors. Our solicitors can represent you under No Win No Fee terms. This means they can offer a Conditional Fee Agreement which allows you to access their services without having to pay upfront or as your claim proceeds. Additionally, if your claim fails, you won’t pay for their services.
If your claim succeeds, you will pay your solicitor a success fee from your compensation. This success fee is deducted as a percentage which has a legal cap. The cap allows you to keep the majority of your awarded settlement.
Discuss Your Case With An Expert
For further guidance on starting a claim for an injury due to no eye protection at work, please contact our team for free legal advice. They are available 24/7 to answer your questions. To reach out, you can:
- Call on 0800 073 8804
- Enquire about your claim online
- Use the live chat feature below
Discover More About Claiming For Workplace Injuries
Below, we have provided some more of our helpful workplace accident claims guides:
- Learn if you could claim for an accident at work after not being provided with safety goggles or glasses and you sustained an eye injury.
- Discover if you could claim for a foot injury at work after no safety shoes or boots were provided.
- Information on how to calculate an accident at work claim and what a payout could comprise.
Additionally, we have provided some external resources:
- Information on claiming Statutory Sick Pay (SSP) in this helpful government guide.
- Guidance on maintaining PPE from the Health and Safety Executive (HSE).
- Advice on eye injuries from the NHS.
Thank you for reading our guide on when you could claim for an injury due to no eye protection at work. If you have any other questions, call an advisor using the details provided above.
