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What Level of Compensation Could I Get for Loss of Sight? – A Guide To Loss Of Sight Claims Against Employer Calculate Amounts

According to the Health and Safety Executive all accidents at work that leave you with any sort of eye injury must be reported to RIDDOR. If you were involved in a serious workplace accident that caused you to loose your sight and the incident  was caused through the error of a work colleague or because your employer was negligent in their duty to keep you safe from injury, you could be entitled to file a loss of sight claim and receive compensation for the injuries you sustained.
Employee Injury At Work Advice

Accidents at Work That Could Result in Loss of Sight

You may lose your sight in various workplace accidents, and as previously mentioned, the consequences are devastating. The most reported incidents in the workplace that result in loss of sight includes the following:

  • Chemicals splashing into your eyes
  • Grit or dirt being deeply lodged in your eye
  • A sharp object hitting your eye and becoming embedded in it
  • A head injury which includes having slipped, tripped and fallen
  • A violent blow to your head from a falling object

If you work with hazardous chemicals, your employer has a legal duty to ensure that you are correctly trained and that you are provided with adequate personal protective equipment. If your employer fails to do this and you suffer any sort of injury to your eyes that results in a loss of vision, you have the right to seek compensation because your employer could be held liable. Your employer’s duty towards you in the workplace is as follows:

  • That you are given adequate training in the safe handling of all hazardous materials which includes chemicals
  • That you are provided with safety goggles
  • That you are given adequate training to use machinery, tools and equipment in the workplace
  • That you are given adequate training in how to protect yourself against being injured in the workplace

If you are involved in any sort of accident that results in a head injury, your sight could also be negatively impacted. Any type of injury to the head must be taken very seriously and immediate medical attention must be sought. It may not initially be apparent that your sight has been affected, but a little later down the line, you may find that your vision is blurred in which case, you must seek medical attention as a matter of urgency.

What are the Consequences of Loss of Sight and Vision?

Having been involved in an accident at work that results in a loss of sight is catastrophic as it means you would have to adapt to everything around you. You would be forced to give up everything you enjoyed doing prior to having suffered a workplace accident. It would mean that you are totally dependant on others for the remainder of your life. Not being able to work would have devastating financial consequences but on top of this, there are other things to take into consideration and this includes the following:

  • A loss of social interactions
  • Embarrassment when in public places
  • A loss of being able to take part in all the things you used to do prior to your accident at work
  • Having to organise alterations to your home
  • Not being able to drive
  • Not being able to read and to learn braille which would involve buying specialist equipment too
  • A feeling of loss of social status
  • How your overall mental health well-being is negatively impacted by the loss of your vision

The long-term effects of losing your sight can be devastating and as such, this would be factored into the amount of loss of sight compensation you may be awarded in a successful claim against your employer. The negotiations for compensation are best left to a lawyer who has lots of experience in dealing with insurance providers, bearing in mind that a very high percentage of personal injury claims never get to court but are settled by an insurance company.

What You Should Do Following Loss of Sight in an Accident at Work

If you were involved in a workplace accident that resulted in a loss of vision, your life would be turned upside down. The effects of such a devastating injury has long-term consequences, but in the immediate, you would be put under tremendous psychological pressure too. As such, you may not even be considering filing for compensation but if the accident happened through the negligence of a third party, you have every right to do so. As such, contacting a solicitor who has vast experience in handling accident at work claims would provide essential support and legal advice on how best to proceed and would do so fully understanding just what you are going through.

A lawyer would be able to arrange the following on your behalf:

  • To be seen by an eye specialist/consultant who would provide a detailed report on your injury and the long-term effect the injury would have on your future life. This report would be essential when it comes to filing a loss of vision claim against a negligent employer
  • A specialist’s report would also be used as a basis to calculate the amount of loss of sight compensation you may be awarded

 If you are unable to collect all the evidence required to prove your claim, you should arrange for someone to do this on your behalf. The evidence required to prove that you sustained your injuries in the workplace would include the following:

  • Witness statements and their contact details
  • Records of the incident that left you injured which includes the RIDDOR report because all accidents at work that result in eye injuries are “reportable”
  • Medical reports of your injuries
  • Photos or CCTV footage (if available) of where the workplace accident occurred
  • Photos of your injuries (if possible)

The more proof you can provide that your eye injuries were sustained through no fault of your own while carrying out your job, the stronger your case would be and the harder it would be for your employer to dispute your loss of sight claim against them.

What Can I Include in My Loss of Sight Claim Against an Employer?

As with all work-related personal injury claims, the way loss of sight compensation would be calculated is as follows:

  • General damages which covers your “actual” injuries and how your future life has been negatively impacted. This would incorporate the fact that you would not be able to work again due to a loss of vision and the fact that your injury is life-changing in every way
  • Special damages are calculated on the “actual” expenses you had to cope with as a result of having been injured in an accident at work that left you with a loss of sight. As such, it is essential that you keep all your receipts which includes medical costs, travel expenses and any other outgoings you incurred. Special damages also factor in all your loss of earnings and future earnings because you would be unable to work again

Should I Sue My Employer for Loss of Sight Suffered in an Accident at Work?

As previously mentioned, the loss of sight is devastating. The injuries you sustain are life-changing and it affects every aspect of your life which includes your ability to work. Alterations would be needed around your home so that it is easier for you to get around and the after-care needed could also put you under tremendous financial pressure. If it can be proved that your employer was negligent in their duty to keep you safe in the workplace, you have every right to seek the level of compensation you rightly deserve for the eye injuries you sustained through no fault of your own.
Employee Injury At Work Advice

Your employer is not only legally required to keep you safe when you are in their employment, but by law, they must also have liability insurance which must offer a minimum of £5 million cover. The policy must also be underwritten by a recognised provider. It is also noteworthy that your employer should display the policy so it can be clearly seen in the workplace. Failure to have the necessary liability insurance in place would result in your employer being fined by the enforcing authority which could be £2,500 a day.

As such, when you file a loss of sight claim against your employer, it is their insurance providers who handle every aspect of the case which includes the compensation you are awarded.

What are My Workers Rights Following an Accident at Work?

All employees must be kept safe from harm and injury in the workplace. If your employer fails in their duty and you are involved in an accident that results in loss of sight, you have the right to do the following:

  • To seek compensation for the injury you sustained in a workplace accident

If your employer objects to you filing an accident at work claim against them, you should contact a lawyer who specialises in employment law, because you may have good reason to take out further legal action against your employer.

Are There Any Benefits to Working With a Solicitor on a Loss of Sight Claim Against an Employer?

Work-related personal injury claims are complex legal procedures more especially when you sustain life-changing injuries. As such, when filing a loss of sight claim, it is far better to seek legal advice from a lawyer who boasts vast experience in handling this type of serious accident at work claim. The advantages offered by having a lawyer represent you includes the following:

  • Specialist treatment can be arranged for you by a solicitor which includes all the aftercare and therapy that may be required to make your life easier
  • A solicitor knows how to handle what is often a complicated legal process and what evidence is required to prove an accident at work claim against an employer
  • An accident at work solicitor knows how to communicate with insurance providers
  • A solicitor has vast experience when it comes to negotiation the amount of compensation you may be entitled to which includes the cost of alterations to your home to make your life easier
  • Working with a No Win No Fee lawyer means you do not have to pay an upfront fee or any ongoing fees as your accident at work claim progresses
  • A lawyer would ensure that you receive “interim payments” before you are awarded a final settlement
  • The amount you would pay on a successful loss of sight claim, would be deducted by the solicitor from the compensation you are awarded

These are just some of the advantages and benefits of having the experience of an accident at work lawyer work with you when filing a loss of sight claim against an employer.

Is There a Time Limit to Filing a Loss of Sight Claim Against My Employer?

The 3 year time limit associated with accident at work claims must be adhered to for a case to be accepted by the courts. Because it can take a long time to gather all the evidence needed in a loss of sight claim, it is best to seek legal advice as soon as possible to avoid running out of time. The 3 year personal injury time limit applies to claims as follows:

  • 3 years from the date you were involved in a workplace accident that resulted in your loss of sight
  • 3 years from the date you were diagnosed as being blinded as a direct result of an injury you sustained in an accident at work
  • 3 years from the date you turned 18 years of age if the workplace accident that resulted in your loss of sight happened before you were 18 years old

As previously mentioned, it is far wiser to begin a loss of sight claim against an employer sooner rather than later because even if you have enough evidence of employer negligence, if you fail to seek compensation within the statutory time limit, your claim would not be valid. It is also worth noting that the longer you leave it, the less chance there is of having a solicitor work with you on a No Win No Fee basis. The reason being that if there are just a few months left on the statutory time limit, it may not be enough to gather all the evidence needed which includes vital medical reports.

Can My Employer Fire Me For Filing a Loss of Sight Claim Against Them?

The law protects you from being fired if you are injured in a workplace accident and you choose to seek compensation from an employer. Should your employer decide to sack you or they threaten you with redundancy, they would be breaking UK law and as such, they would be opening themselves up to having further action taken out against them. If you feel threatened in any way by your employer because you file an accident at work claim against them, you should seek legal advice before doing anything else.

Would a Solicitor Work on a No Win No Fee Basis on My Claim?

No Win No Fee agreements were introduced by the UK Government so that people who suffered injuries or developed medical conditions through no fault of their own but rather because of the negligence of a third party, could seek compensation for the injuries and out of pocket expenses they incurred. Many solicitors now offer to work with you on a No Win No Fee basis which in short, means that you only have to pay for the legal advice and representation they provide on a successful accident at work claim.

Having signed a Conditional Fee Agreement with the solicitor, all the pressure of having to pay for legal advice and representation when you need it most, is taken off the table. Any financial pressure you may have to face because you are unable to work and bring in a salary, is also taken off the table because a lawyer who handles your claim would ensure that you receive “interim payments” before you are awarded a final settlement in a successful loss of sight claim.

 Should you lose your loss of sight claim against your employer, the “success fee” that you agreed to pay the solicitor would be waived. In short, you would have nothing to pay the solicitor if your claim is not successful and you do not receive the loss of sight compensation you sought for the injury you sustained.
Employee Injury At Work Advice

I Suffered a Neck Injury at Work, Can I Sue My Employer for Compensation?

One of the more common accident at work claims filed against employers involve neck injuries which often lead to workers suffering from musculoskeletal health issues. A neck injury can negatively impact your back, lower and upper limbs. If you were in a work-related accident and suffered any sort of injury to your neck, you could have the right to seek compensation from your employer. To find out what criteria must be met when it comes to filing a neck injury at work claim, please read on.
Employee Injury At Work Advice

What is the Definition of a Neck Injury?

Any sort of neck injury can be excruciatingly painful because so many parts of your body can be negatively impacted. This includes the following:

  • The spine
  • Muscles
  • Tendons
  • Ligaments
  • Cartilage
  • Upper and lower limbs

Studies have also established that injuries to the neck can lead to depression and anxiety issues, both of which can be extremely debilitating. When it comes to establishing the severity of a neck injury that you may have sustained at work, a medical professional would examine you to determine the following:

  • Whether you have suffered a minor neck injury which could result in pain, discomfort and numbness. This type of minor injury is often the result of soft tissue, ligament, tendon or muscle damage to your neck
  • Whether the damage to your neck is moderate which could include having sustained prolapsed discs, experiencing ongoing pain in your neck and where permanent damage has occurred
  • Whether you sustained a severe neck injury which results in damage having been done to your spine. This can lead to partial or full paralysis (paraplegia and quadriplegia)

If you were in a workplace accident that left you suffering from any sort of neck injury, you should seek medical attention as soon as possible. Even minor damage can quickly turn into something more serious a little later in time. Following a medical examination, you should then seek legal advice from a lawyer who specialises in accident at work claims.

What Level of Neck Injury Compensation Could I Receive?

The level of compensation you may be awarded in a successful neck injury at work claim against your employer, would depend on the extent of your injuries and the complexity of your case. This includes whether the damage you sustained was life-changing. The Judicial College guidelines for this type of injury are as follows:

  • Severe injury to the neck which results in “incomplete paraplegia” or “permanent spastic quadriparesis” where the injured party has no or little neck movement and suffers from constant serious headaches, the amount that may be awarded is between £118,240 and £130,060
  • Serious fractures to the neck or cervical spine disc damage which results in disabilities, the amount that may be awarded is between £57,620 and £114,810
  • Fractures, dislocations or serious damage to the soft tissues (ruptured tendons) that result in permanent or significant disabilities, the compensation that may be awarded would be between £39,870 and £49,090
  • Moderate fractures or dislocations which results in severe symptoms that may cause spinal fusion, the amount that may be awarded is between £21,910 to £33,750
  • Soft tissue damage and lesion of discs which results in cervical spondylosis, the amount that could be awarded would be between £12,050 to £21,910
  • Minor soft tissue damage to the neck, the amount that may be awarded could be between £6,920 to £12,050
  • Injuries to the neck where the injured party makes a recovery in around 1 to 2 years, the amount that could be awarded would be between £3,810 to £6,920
  • Injuries to the neck where the injured party makes a full recovery within 3 months to 1 year, the amount that could be awarded would be between £2,150 to £3,810
  • Injuries to the neck where the person injured makes a full recovery within 3 months, the amount that could be awarded would be up to £2,150

When calculating neck injury compensation, the above figures are what is known as “general damages” which covers the pain and suffering you had to endure as well as the mental anguish the injury caused you. General damages also take into account whether your neck injury is life-changing.
Employee Injury At Work Advice

On top of general damages, the compensation you may be awarded would factor in “special damages” which are a lot easier to calculate because they are based on the expenditure you had to deal with as a result of having suffered a neck injury at work. These include the following:

  • Loss of earnings
  • Loss of future earnings
  • Travel expenditure – which covers getting to hospital or other medical facilities for treatments
  • Medical expenditure – which includes ongoing treatments
  • Care costs
  • Necessary adaptations to your home or vehicle

You should keep all receipts relating to your neck injury because these would be required to calculate the special damages you would be awarded in a successful neck injury claim.

How to Begin a Neck Injury at Work Claim Against Your Employer

If you strongly believe that the accident at work that left you with a neck injury, whether minor or catastrophic, you have the right to seek compensation from your employer. You must be able to prove that you sustained your injuries in the workplace in the last 3 years which is the statutory time limit to personal injury claims. You must be able to provide evidence that your employer was negligent in their duty to keep you safe from harm while in their employment.

Even if the accident was caused by a work colleague, your employer could still be held liable for the injuries you sustained. The reason being that employers are responsible for the actions of all of their employees. With this said, the more proof you have, the stronger your neck injury claim would be. Seeking legal advice is essential because your employer must be informed of your intentions and this is best done by a solicitor who has vast experience in handling accident at work claims and would know how to negotiate your case should your employer dispute your claim.

Should I Sue My Employer for a Neck Injury Sustained at Work?

No matter how minor you may think your neck injury happens to be, you should always seek medical attention as soon as possible because even slight damage to your neck, may lead to you suffering from a more serious musculoskeletal disorder. A minor injury to your neck could also mean you are unable to work for a number of days, weeks or you may have to be off work for a lot longer. In short, not being able to work because you sustained a neck injury could mean you are unable to pay monthly bills and other living expenses. This in turn, can put you and your family under tremendous financial pressure.

Employers in the UK are legally required to have liability insurance which must provide a minimum of £5 million cover and the policy has to be underwritten by recognised insurance providers. An employer should also display the policy in the workplace where it can clearly be seen by all employees and other people. With this said, the compensation you may be awarded in a successful neck injury at work claim, would be settled by your employer’s insurance providers, with the majority of personal injury claims (95%) are negotiated by the insurer before the case goes before a judge.

What are My Workers Rights Following an Accident at Work?

Worker’s rights are extremely protected and this includes your rights if you are injured while you are at work. Your worker’s rights following a work-related accident that results in a neck injury whether minor or a lot more severe are detailed below:

  • You can seek compensation for the injury you sustained
  • Your position and job is kept safe if you file an accident at work claim

Should your employer attempt to stop you from seeking compensation or you are threatened with redundancy or the sack if you go ahead and file a claim, you should contact a lawyer who would provide essential advice on how best to proceed and whether you could take out further legal action against your employer.

What Are My Employer’s Duties Towards Me in the Workplace?

Workers are highly protected by a number of laws and regulations which all employers must adhere to. The various legislation are there to ensure that you, as an employee, are kept safe from harm and injury while you are at work. If an employer fails to adhere to the laws and regulations and you suffer a neck injury in an accident at work, you would be entitled to file a claim against them because they would be in breach of their duty towards you. Workplace regulations that an employer must abide by include the following:

  • That all employees are provided with adequate and ongoing training to carry out the jobs they are tasked to do in the workplace
  • To ensure that all employees are provided with the right personal protective equipment which must be correctly maintained and properly stored
  • To ensure that all employees are given detailed working practices
  • To make sure that all tools, machinery and equipment is correctly maintained and regularly serviced to ensure they are in good working order
  • To carry out frequent risk assessments in a workplace with an end goal being to identify risks and hazards that employees may have to face
  • To set in place measures to reduce the risk of harm and injury to employees and visitors to the workplace

If your employer does not abide by the regulations and laws that are set in place to keep you safe while you are in their employment and you sustain a neck injury, they could be held in breach of their responsibility to keep you safe from harm.

Are There Any Benefits to Working With a Solicitor on a Neck Injury at Work Claim?

There are many advantages to having a solicitor represent you when filing a neck injury at work claim against an employer. Work-related personal injury claims can be complex legal procedures and it can take time to gather all the evidence needed to prove a case and to establish who could be held liable for the injuries you sustained. The benefits of working with a lawyer on an accident at work claim includes the following:

  • Solicitors have vast experience in handling complex legal processes and they have access to legal libraries which they can use to base your claim on
  • Solicitors have experience in dealing with insurance providers and can speed up what is often a long-drawn process caused by long delays when it comes to replying to correspondence an insurer receives relating to your claim
  • A lawyer would listen to your claim during a no obligation, initial consultation for which you would not be charged. This allows the solicitor to assess the strength of your claim
  • Once satisfied you have a strong claim against an employer, the lawyer would offer to work on your claim on a No Win No Fee basis. In short, you would not have to pay a retainer or any ongoing fees for the lawyer to represent you when making a neck injury at work claim
  • A solicitor would arrange for you to be examined by a consultant/specialist and the report produced would be used when determining how much compensation you may receive
  • An accident at work lawyer would arrange for you to receive all the aftercare you may need which include physiotherapy
  • You would only have to pay the “success fee” that you agreed to pay when signing the Conditional Fee Agreement with the solicitor, if your claim is successful. If you lose your case, there would be nothing to pay for the legal advice and representation you received

Working with a No Win No Fee solicitor allows you to place your focus on your neck injury recovery rather than having to worry about paying for legal representation.

What is the Time Limit to Filing a Neck Injury at Work Claim?

There is a strict 3 year statutory time limit associated with all personal injury claims and this includes those that are work-related. The time limit does, however, start at different times depending on the circumstances surrounding an accident at work claim, these are detailed as follows:

  • 3 years from the date you were involved in an accident at work that left you with a neck injury whether minor or a lot more severe
  • 3 years from the time you were diagnosed with a medical condition that can be “directly” linked to the neck injury you sustained while you were at work
  • 3 years from the time you turn 18 years of age should the work-related accident that left you with a neck injury have happened before your 18th birthday

If you sustain a neck injury at work which leaves you unable to work whether for a short time or for much longer, you should seek legal advice from a lawyer sooner rather than later to avoid falling foul of the statutory 3 year time limit.

Can My Employer Fire Me For Filing a Neck Injury Claim Against Them?

No employer can fire you because you decide to file an accident at work claim against them. If they do or you are threatened with redundancy when seeking compensation for a neck injury sustained in the workplace, your employer would be breaking the law. As such, you should seek legal advice before you do anything else which includes resigning from your job. The reason being that you could be entitled to take further legal action out against your employer.

Would a Solicitor Work on a No Win No Fee Basis on My Claim?

As previously mentioned, once a lawyer who specialises in accident at work claims has determined that you have a strong case against an employer who could be held liable for the neck injury you sustained in the workplace, they would be prepared to enter into a No Win No Fee agreement with you. Signing a Conditional Fee Agreement (CFA) with a lawyer means that you would not pay to find the funds to pay a retainer and you would not have to pay any ongoing fees as your case progresses either.

The agreed percentage that you would only have to pay when your neck injury at work claim is upheld, is referred to as a “success fee”. The percentage is taken out of the amount you receive rather than you having to find the funds to pay it which is one of the advantages of having a solicitor work on your neck injury at work claim on a No Win No Fee basis.
Employee Injury At Work Advice