Tips For Eye Injury At Work Claims In Scotland

This guide will explore when you could be eligible to make a personal injury claim for an eye injury at work. It will discuss the requirements that need to be met in order to seek compensation, the evidence you could gather to support your claim, and the compensation that could potentially be awarded if your claim were to succeed.

eye injury at work

Tips For Eye Injury At Work Claims In Scotland

Employers owe their employees a duty of care with regard to their health, safety and welfare in the workplace. As we move through this guide, we will explore the legislation that outlines their responsibilities, and provide examples of a failure to adhere to this legislation could lead to an accident in which you sustain an eye injury at work.

To conclude, we explain how a No Win No Fee solicitor could guide you through the process of claiming, and the terms under which they could offer their services.

For more information, you can:

Jump To A Section 

  1. When Can You Make An Eye Injury At Work Claim?
  2. Examples Of How An Eye Injury At Work Could Occur
  3. Tips For Eye Injury At Work Claims In Scotland
  4. What Eye Injury Compensation Could You Receive?
  5. Make An Eye Injury Compensation Claim Using No Win No Fee Solicitors
  6. Learn More About How To Claim For An Injury At Work

When Can You Make An Eye Injury At Work Claim?

In order to begin a personal injury claim for an eye injury at work, you must be able to prove:

  • Your employer owed you a duty of care.
  • They breached this duty.
  • You experienced a physical or psychological injury as a result.

These three points are form the basis of negligence in personal injury claims.

The duty of care for employers is outlined in a central piece of workplace health and safety legislation called the Health and Safety at Work etc. Act 1974 (HASAWA). It states in Section 2 that it is the duty of employers to take reasonable and practicable steps to ensure the safety of employees at work.

To uphold this duty of care, they can provide adequate training, necessary personal protective equipment, and conduct regular risk assessments to address any hazards that pose a risk of injury.

If you have evidence that your employer failed to uphold their duty of care, and this led to you sustaining an eye injury, please contact an advisor. They can assess your eligibility to seek personal injury compensation.

Examples Of How An Eye Injury At Work Could Occur

There are several ways an employee could sustain an eye injury at work. For example:

  • An employer fails to provide necessary personal protective equipment, such as goggles, to reduce the risk of injury posed by working with hazardous chemicals. As a result, chemicals splash in your eyes and cause you to suffer temporary vision loss.
  • No goggles are provided when working on a construction site, resulting in debris getting in your eye. This may result in an infection which means you suffer a permanent loss of vision.

Not all accidents at work leading to an eye injury will form the basis of a valid personal injury claim. To discuss your specific case and find out whether you’re eligible to seek compensation, call an advisor on the number above.

Tips For Eye Injury At Work Claims In Scotland

Evidence can be used to prove employer negligence. As such, you could find it beneficial to gather:

  • CCTV footage which shows the accident.
  • A diary that contains information about your physical and mental symptoms.
  • Copies of any medical evidence, such as X-rays and other test results.
  • Photographs of any visible injuries.
  • Contact details of witnesses.

A personal injury solicitor could help you gather relevant evidence for your claim. To learn more about how to potentially access their expertise and knowledge, speak to our advisors.

Is There A Time Limit When Making A Claim For A Work Injury?

In Scotland, the time limit for starting a personal injury claim is typically three years. This can start from the date of the accident and is outlined in the Prescription and Limitation (Scotland) Act 1973. Claims can be made outside of this time frame in certain circumstances.

Our advisors can offer more information on the time limits and any exceptions that could be made. Get in touch with them easily using the contact details above.

What Eye Injury Compensation Could You Receive?

Personal injury settlements can comprise two heads of loss; general and special damages. General damages compensate people for the suffering and pain caused by physical and psychological injuries. To value this aspect of your claim, legal professionals can refer to the Judicial College Guidelines (JCG) which contains guideline award brackets, some of which are in the table below.

Please note each settlement varies according to individual circumstances of each claim so these are not guaranteed amounts. Also, these amounts relate to successful claims in England and Wales.

Guideline Award Bracket Amounts

InjurySeverityAmountNotes
Injuries Affecting Sight(b) Total Blindness In the region of £268,720Cases of complete sight loss in both eyes
(c) (i) Loss of Sight in One Eye with Reduced Vision in the Remaining Eye £95,990 to £179,770A serious risk of further deterioration in the remaining eye, beyond the risk of sympathetic ophthalmia.
(c) (ii) Loss of Sight in One Eye with Reduced Vision in the Remaining Eye £63,950 to £105,990Reduced vision in the remaining eye with additional problems, including double vision.
(d) Total Loss of One Eye £54,830 to £65,710Award levels in this bracket depend on the age and psychiatric consequences, as well as the cosmetic impact.
(e) Complete Loss of Sight in One Eye £49,270 to £54,830A risk of sympathetic ophthalmia.
(f) Serious Incomplete Loss Of Vision£23,680 to £39,340One eye is affected and there is no significant risk of lost or reduced vision in the remaining eye.
(h) Minor£3,950 to £8,730Minor injuries which can include being struck in the eye or suffering exposure to smoke, fumes or splashed liquids. There is initial pain and temporary sight interference.

Special Damages In An Eye Injury Claim

The second head of loss, called special damages, aim to compensate for the monetary losses caused by your injuries. For example:

  • A loss of earnings.
  • The cost of adaptations to your home or vehicle.
  • Domestic care costs.
  • Travel expenses.
  • Prescription charges and other medical costs.

For a more personalised estimate of the compensation you could potentially receive following a successful eye injury at work claim, call an advisor on the number above.

Make An Eye Injury Compensation Claim Using No Win No Fee Solicitors

Under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, A solicitor could offer a Speculative Fee Agreement or Damages Based Agreement. Contracts such as this can typically offer the following terms:

  • No upfront or ongoing fees for your solicitor’s services.
  • No fee to pay for the work completed on your claim if it fails.
  • A small and legally capped percentage is taken from your compensation by your solicitor if your claim succeeds. However, you can discuss this fee with your solicitor before they start working on your claim.

Whilst anyone can start a claim for an eye injury at work themselves, if you would prefer professional legal representation, our advisors can help. After a case check with our team to see if you are eligible, they could introduce you to a solicitor from our panel who specialises in personal injury claims.

If you’re interested in learning more about how you could start your claim for an eye injury at work with a solicitor from our panel, you can:

Learn More About How To Claim For An Injury At Work

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Thank you for reading our helpful guide on when you could make a personal injury claim for an eye injury at work in Scotland. If you have any other questions, call our advisors on the number above.

Writer Jeff Watson

Editor Meg Mochi