In this guide, you can find clear, structured advice on how to sue for eye injury compensation. We cover eligibility requirements, what evidence may be needed and the legal options available. Whether your eye injury was caused by an accident on the road, at work, in a public place, due to medical negligence or by an assault, you could have grounds to claim compensation. Taking legal action could help you secure financial compensation for your injury and its impact on your daily life.
Key Takeaways
- According to statistics reported by the Health and Safety Executive (HSE), in 2023/24 there were 125 reports of non-fatal workplace injuries causing loss of or reduction in sight.
- A detached retina could be caused by a head injury sustained in an accident at work or on the road and may result in reduced vision or even total loss of sight.
- Personal protective equipment (PPE), such as safety goggles, should be provided to employees in hazardous workplaces.
- Medical negligence, such as errors during laser eye surgery, could lead to long-term damage to the eyes.
Whether you need to make a personal injury, medical negligence or criminal injury claim, a specialist solicitor from our panel could help you. They could review your case and offer free, no-obligation advice. What’s more, they could handle your claim via a No Win No Fee agreement. This means there would be no upfront solicitors’ costs.
To contact us:
- Dial 0800 408 7827.
- Chat with us live below.
- Contact us here to claim online.
Jump To A Section
- What Are Eye Injury Compensation Claims?
- What Types Of Eye Injuries Can Be Claimed For?
- The Average Compensation Amounts For Eye Injuries
- How To Sue For Eye Injury Compensation
- What Are The Time Limits For Eye Injury Claims?
- Can I Make A No Win No Fee Claim For An Eye Injury?
- More Information
What Are Eye Injury Compensation Claims?
Eye injury claims are a way to seek compensation for eye injuries caused by another party. They may be made against an employer, the party in control of a public place, a motorist or a medical professional.
Any personal injury or medical negligence claim must meet 4 basic criteria. These are that:
- Another party had a duty of care to the claimant.
- This party failed to meet or uphold their duty of care.
- This failure resulted in an avoidable or unnecessary eye injury.
- That the claim is within the limitation period.
Below, we look at different circumstances in which a claimant may have been owed a duty of care and how they could have suffered an eye injury.
Road Traffic Accidents
In the UK, all road users have a duty of care. They must ensure the safety of others using the road, navigating it in a manner which is safe and which avoids causing injury or damage. Per their duty, they must use the roads in adherence to The Road Traffic Act 1988 and the Highway Code.
For example, a cycling accident could be caused by a vehicle failing to check their mirrors for a cyclist and failing to signal when turning at a junction. The cyclist could suffer a combination of orbital fractures and a detached retina.
Public Liability Accidents
Under the Occupiers’ Liability Act 1957, property owners or those in control of a public place are required to ensure the safety of visitors. The failure to maintain a safe environment could lead to eye injuries.
For example, a customer in a supermarket could be injured by items which have been poorly stacked on a high shelf falling on them, causing a corneal abrasion.
Accident At Work
Employers have a duty of care under the Health and Safety at Work etc. Act 1974 to ensure the safety of their employees. They should identify risks and implement safety measures, such as providing safety goggles or similar personal protective equipment to prevent an accident taking place.
For example, an employee handling hazardous, corrosive, chemicals is not provided with appropriate eye protection. The chemicals are splashed into the employees eyes, resulting in severe chemical burns.
Medical Negligence
All healthcare providers and medical professionals owe patients a duty of care. If they breach their duty of care, such as by failing to meet professional standards, resulting in a patient suffering an avoidable eye injury, there may be grounds on which to make a claim.
For example, an ophthalmologist at a hospital misdiagnoses an eye condition which would have diagnosed by another doctor, resulting in delayed treatment and and the worsening of the patient’s condition.
Eye Injuries Caused By Assault
If you have suffered an eye injury due to an assault, you may be eligible to make a claim via the Criminal Injuries Compensation Authority (CICA). The CICA is a body funded by the government. It provides financial redress to those harmed by violent crimes, such as an assault.
Unlike other types of compensation claims, claims through the CICA do not require claimants to prove the other party was negligent. Instead, any compensation is awarded under a fixed tariff scheme – the Criminal Injuries Compensation Scheme.
CICA claims must meet the following criteria:
- Crimes must have been reported to the police as soon as possible to do so.
- There must be medical evidence of the injury.
- It must have happened within England, Wales, Scotland or another applicable place, such as a ship registered in one of these countries.
Claims made through the CICA are handled differently to other personal injury claims. Getting legal guidance can ensure that you provide the correct evidence, meet the criteria and file a claim in time.
Contact us for more information about how to sue for eye injury compensation.
Claiming For Injuries When You’re Partially Responsible
You could still be eligible to claim for eye injuries if you were partially responsible for the accident. Where the person injured was partially at fault a split liability claim may be made. Under a split liability agreement, compensation awarded for your injuries is reduced by the same proportion as your level of responsibility for the accident.
For example, if both you and the other party were equally responsible for the accident taking place, any compensation awarded would be reduced by half.
In addition, if your actions contributed to making your eye injuries worse, such as by failing to wear protective eyewear at work, your settlement may be adjusted under contributory negligence.
Even if you were partially responsible for either the accident taking place or the severity of your injuries, you could still be compensated.
Please contact our team for more information on when or how to sue for eye injury compensation.
What Types Of Eye Injuries Can Be Claimed For?
Eye injury compensation claims could be made for a wide range of injuries ranging from temporary or minor eye injuries through to permanent visual impairment or complete blindness.
Common eye injury claims could include those for:
- Transient eye injuries – such as double vision, blurred vision or similar effects.
- Detached retina – this is a serious condition which may be caused by blunt force trauma, where the retina is separated from the back of the eye.
- Corneal abrasion – scratches could be caused by excessive rubbing, foreign bodies or other trauma.
- Chemical burns – these may be caused by the eyes being exposed to hazardous substances, such as industrial chemicals.
- Optic nerve damage – damage to the optic nerve could result in partial or total and permanent vision loss.
- Penetrating eye injuries – such as injuries caused by debris or other sharp objects injuring the eye.
- Cataracts – this involves the clouding of the eye’s lens and may be caused by trauma.
- Orbital fractures – these may be caused by collisions, falls, physical assaults or other trauma which breaks the bones in the eye sockets.
Compensation for such injuries may be assessed based on the type of eye injury suffered, treatment required and the impact on you.
Contact us for free advice on how the types of eye injuries you could claim for and how the claims process works.
The Average Compensation Amounts For Eye Injuries
Where a claimant has been left with total blindness in both eyes, they could be awarded in the region of £327,940. This is a guideline figure taken from the Judicial College Guidelines (JCG), a resource which may be used by personal injury solicitors or the courts.
Whilst we may be able to quote an average compensation amount for eye injuries, this may not be helpful or relevant to your claim. This is because when you make an eye injury compensation claim, the unique circumstances of your injuries will be taken into account.
Eye injury compensation may typically be divided into two heads of loss, general damages and special damages.
General damages compensate for the pain and suffering caused by a claimant’s injuries. They may take account of physical injuries, such as permanent vision loss, as well as psychological injuries caused by the loss of sight. The amount awarded may be based on the severity and long-term impact of the injury.
Below, you can find example compensation amounts of different types of eye injuries based on figures taken from the JCG. The headline figure does not come from the JCG.
Type Of Injury | Severity | Compensation |
---|---|---|
Multiple, serious eye injuries and special damages. | Severe injuries | Up to £500,000 where also awarded special damages for lost income. |
Total blindness | (b) Total blindness | Around £327,940 |
Loss of sight one eye/ reduced vision other eye | (c) (i) Serious risk of other eye deteriorating. | £117,150 to £219,400 |
Loss of sight one eye/ reduced vision other eye | (c) (ii) Reduced vision in the remaining eye and/ or issues such as double vision. | £78,040 to £129,330 |
Total loss of one eye | (d) Loss of an eye. | £66,920 to £80,210 |
Complete loss of sight | (e) One eye. | £60,130 to £66,920 |
Incomplete sight loss | (f) One eye. | £28,900 to £48,040 |
Minor but permanent impairment of vision | (g) One or both eyes. | £11,120 to £25,600 |
Psychiatric damage | (b) Moderately severe | £23,270 to £66,920 |
Psychiatric damage | (c) Moderate | £7,150 to £23,270 |
Next, we examine what special damages are and their role in eye injury compensation payouts.
Special Damages
Special damages compensate for financial losses related to your eye injury. They are designed to ensure that you are reimbursed for expenses and losses due to your injury.
Special damages could compensate for:
- Lost earnings and income – such as earnings, pension contributions and work-related benefits lost due to taking time off work whilst recovering.
- Loss of future earning potential – such as where a claimant is unable to return to work following the loss of sight.
- Medical expenses – such as the cost of treating an eye injury through surgery, medication or ongoing specialist treatment.
- Home adaptations – such as installing specialist lighting, accessing mobility assistance and services or for the provision of visual aids.
Special damages can compensate for both immediate and projected long-term financial losses. For these losses to be taken into consideration, you must provide evidence such as invoices for medical care or devices or pay slips showing lost earnings.
Contact our team for an assessment of how much compensation you could be awarded for an eye injury.
How To Sue For Eye Injury Compensation
To sue for eye injury compensation you can take steps such as reporting your accident, collecting evidence and contacting a specialist solicitor.
With the exception of those involving assaults and other criminal injuries, the same claims process will apply to any eye injury claim.
To sue for an eye injury you can:
- Report the accident to the relevant party. This may include reporting it to the occupier of a public place, your employer, a healthcare provider or the police (where injured on the road or in an assault).
- Collect evidence showing how another party was liable for your accident. Key evidence can include:
- Accident reports, such as copies of reports kept in accident report books at work or in public places, or details of reports to the police.
- Medical evidence, such as copies of your medical records with details of your diagnosis, treatment and any long-term effects.
- CCTV and/ or photographs of the scene of the accident and visible injuries.
- Witness contact information, a witness may later be asked to provide a statement supporting your account of the incident.
Once you have reported the incident and started collecting supporting evidence, your next step may be to find a specialist solicitor experienced in eye injury compensation claims. You can ask whether they have a strong track record in similar personal injury claims.
The right solicitor could improve your chances of making a successful claim by helping you to gather evidence and take witness statements. They can also help you to have a better understanding of how to sue for eye injury compensation, explaining the claims process.
Contact our team to learn more about how a solicitor from our panel could help you.
What Are The Time Limits For Eye Injury Claims?
The Limitation Act 1980 sets a 3 year time-limit in which to file your eye injury claim. This time limit may run from the date on which the injury occurred, or the date on which you became aware of it (if later).
There are notable exceptions to this general rule, including,
- Child injury claims – if the injured party is under 18 at the time of the accident, the limitation period does not begin till their 18th birthday. Prior to this, a parent, guardian or other suitable adult could act as a litigation friend and file the claim on their behalf.
- Mental incapacity – if the claimant is not able to make decisions for themselves due to mental incapacity the time limit is indefinitely suspended. It may be reinstated if they make a recovery. Whilst the time limit is suspended, a litigation friend may claim on their behalf.
- CICA claims – where a claim is made via the CICA, the time limit is 2 years.
It is important that you file your claim as soon as possible. Failing to file your eye injury claim within the applicable time limit could mean losing the right to seek compensation. Our team can help you begin the eye injury claims process by reviewing your case and connecting you to a solicitor.
Can I Make A No Win No Fee Claim For An Eye Injury?
You could make a No Win No Fee eye injury claim if you meet the criteria outlined earlier in this guide. A No Win No Fee agreement allows claimants to pursue an eye injury claim without having to pay any upfront legal fees.
A No Win No Fee agreement may also be called a Conditional Fee Agreement (CFA). Under a CFA, if your claim is successful, a pre-agreed percentage of your compensation is deducted by the solicitor as their fee. This is commonly known as a success fee. .
If your claim fails, you typically will not have to pay any fees for the solicitors work on your claim. By claiming with a solicitor under a No Win No Fee agreement, you do not need to worry about upfront solicitors fees..
Contact Our Advisors
Contact our advisors to find out how they and one of the specialist solicitors from our panel could help you. They could provide expert guidance on how to sue for eye injury compensation at every step of the process.
The solicitors in our panel have decades of combined experience and have helped numerous people to claim eye injury compensation as well as helping claimants to get the support they deserve.
To contact an advisor,
- Call 0800 408 7827.
- Use our live chat.
- Or click here to contact us.
More Information
You can find more information on how to make a successful claim, as well as reference articles below.
- We look in more depth at what a litigation friend is in this guide.
- This guide provides more information on how to claim compensation for facial scarring.
- You can find out how to sue for a broken cheekbone in this guide.
References.
- Find more information on how to request CCTV footage of yourself in this government resource.
- Find emergency eye accident services in your area using this NHS resource.
- Read about entitlement to statutory sick pay in this government guide.
Thank you for taking the time to read our guide. If you are considering making an eye injury compensation claim, a specialist solicitor from our panel could assess your case and provide free no-obligation advice. Under a No Win No Fee agreement, you wouldn’t have to pay any upfront legal fees.
Get in touch with an advisor to discuss your claim and to take the next step.