This guide will discuss when you could be eligible to make a personal injury claim if you have sustained an eye injury in a construction accident. It will also look at how compensation payouts are calculated and how they aim to address the impacts of your injury. Additionally, you can find information on the evidence needed to support your case and how a No Win No Fee solicitor could assist you.
When you are on a construction site, there are several parties who owe you a duty of care. Firstly, the Health and Safety at Work etc. Act 1974 (HASAWA) places a duty of care on your employer to take reasonable and practicable steps to prevent you from becoming injured in the workplace.
Additionally, other parties, such as the contractor, if they’re not your employer, or other companies working alongside you, may also owe you a duty of care while you’re working on a construction site. They must take steps to ensure the reasonable safety of others. If they were to breach this duty, causing you to suffer an injury as a result, it may be possible for you to pursue a personal injury claim against them.
With that in mind, it may be possible to make a claim against a negligent employer, or another negligent party. However, for the purpose of this guide, we will be focusing on when you could pursue an accident at work claim against your employer.
Please continue reading for further guidance on workplace injury claims and the steps involved in seeking compensation. Alternatively, you can reach out to our helpful team of advisors. They can offer free advice 24/7 and answer any questions you might have about claiming. You can reach them in the following ways:
Browse Our Guide
- How Much Compensation For An Eye Injury In A Construction Accident?
- When Are You Eligible To Claim For An Eye Injury In A Construction Accident?
- How Could You Suffer From An Eye Injury In A Construction Accident?
- Evidence That Could Help You Claim Eye Injury Compensation
- Make A No Win No Fee Claim For An Eye Injury
- More Resources About Claiming For A Construction Accident
If you are eligible, you could seek compensation after you sustained an eye injury in a construction accident. Following a successful claim, you could receive a settlement comprising up to two heads of loss:
- General damages: Compensation for the pain and suffering of your injuries; physical, psychological, or both. You might be asked to attend an appointment with an independent medical professional as part of the claims process. This is to produce a report that can give further insight into your injuries and help when valuing this aspect of your claim.
- Special damages: Compensation for the financial losses caused by your injuries. This can include loss of earnings, care costs, and the cost of adapting your home or vehicle. Evidence in the form of payslips and receipts can help prove these losses.
Those responsible for valuing your injuries can refer the medical report mentioned above as well as the Judicial College Guidelines (JCG). The JCG is a document that sets out guideline compensation brackets which correspond to different injury types.
In the table below, we have provided a selection of figures from the JCG to be used as a guide only. These are not a guarantee due to the unique circumstances of each case being considered when valuing claims.
|Injury Type||Severity||Notes||Guideline Award Brackets|
|Multiple Serious Injuries With Other Damages||Serious||Compensation for several injuries of a serious nature alongside compensation for any monetary losses caused by the injuries. For example, care costs, travel expenses, loss of earnings, and medical costs.||Up to and above £1,000,000|
|Injuries Affecting Sight||(b) Total Blindness||Complete loss of vision in both eyes.||In the region of £268,720|
|(c) Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (i)||Cases of significant risk of further deterioration in the remaining eye which goes past sympathetic ophthalmia.||£95,990 to £179,770|
|(c) Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (ii)||Reduced vision in the remaining eye and/or other issues like double vision.||£63,950 to £105,990|
|(d) Total Loss of One Eye||Award is contingent upon age, cosmetic damage and psychiatric consequences.||£54,830 to £65,710|
|(e) Complete Loss of Sight in One Eye||Consideration is given to the risk of sympathetic ophthalmia.||£49,270 to £54,830|
|(f) Serious Incomplete Loss of Sight in One Eye||No risk of loss or reduction of vision in the remaining eye.||£23,680 to £39,340|
|(g) Minor Impairment of Vision||Impaired vision of a permanent nature in one or both eyes. There may be some double vision which might not be constant.||£9,110 to £20,980|
|(h) Minor||Minor injuries, including being struck in the eye, where the eye is exposed to fumes such as smoke, or liquids are splashed in the eye. There is initial pain and some vision interference, but this is temporary.||£3,950 to £8,730|
Call our team for further guidance on construction accident compensation payouts.
As previously mentioned, your employer owes a duty of care with regard to your health and safety in the workplace and as you perform your workplace tasks under HASAWA.
Additionally, The Construction (Design and Management) Regulations 2015 aims to improve health and safety in the construction industry. It sets out to help those with a role in construction to plan the work and manage risks sensibly, ensure the correct people are carrying out tasks, and communicate with workers about the risks present on site.
If there was a failure to do so, and you sustained an eye injury in a construction accident, you might wonder when it could be possible to seek accident at work compensation.
To have valid grounds to pursue a personal injury claim following a workplace accident, you need to prove negligence. In tort law, negligence means:
- You were owed a duty of care by your employer at the time and place of the accident.
- This duty was breached.
- You suffered an injury as a result of the breach.
Call our helpful team of advisors on the number above to find out whether you’re eligible to pursue a construction injury claim against your employer.
Construction sites are places where multiple activities are taking place at once, often creating several hazards. With this in mind, there are a few ways in which an eye injury in a construction accident at work could occur.
The employer could fail to provide the correct and necessary personal protective equipment (PPE) such as safety goggles and a hard hat, resulting in an eye injury. For example, when working with an electric saw, debris and dust gets in your eye causing you to suffer temporary vision loss.
If you would like to discuss your specific case, please call an advisor on the number above. They can carry out an assessment of your specific circumstances and help you understand when you might be eligible to begin a workplace accident claim.
Certain evidence is needed for a personal injury claim as it can help show that your employer breached their duty of care, and that this breach resulted in you suffering harm. Therefore, you might find it beneficial to gather:
- Copies of medical records. This can include GP reports, copies of any scans and other test results.
- CCTV footage if possible.
- A copy of the incident report made in workplace accident book.
- Witness contact details. This is so they can provide a statement at a later date.
- Photos of the injury and the accident site.
- A diary detailing your physical and mental state.
If you are eligible to proceed with your case, and wish to have a solicitor represent you, call our team. An advisor can assess your claim and connect you with a solicitor from our panel if you have valid grounds to pursue construction accident compensation. A solicitor can then assist you with collecting evidence to strengthen your case.
Our expert panel of construction accident solicitors are able to offer their services via a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Typically, this means no fees will be required for the work your solicitor does at the following times:
- While the claim proceeds.
- If the case fails.
Should the claim have a successful conclusion, you will need to pay a success fee to your solicitors. This is a small percentage of the compensation, which is subject to a legal cap. As such, you can keep the majority of your awarded settlement.
For more information about claiming against your employer if you sustained an eye injury in a construction accident at work, please get in touch. You can:
For more of our guides:
- Learn if you could claim compensation for an injury sustained in a slip, trip and fall accident.
- Find out whether you could claim for a forklift accident at work after your employer breached the duty of care they owed you.
- Discover more information about eye injury claims.
More external resources:
- Information on managing health and safety in construction from the Health and Safety Executive.
- Guidance on eye injuries from the NHS.
- Information on claiming statutory sick pay from GOV.UK.
Thank you for reading our guide on when you could be eligible to make an accident at work claim if you sustained an eye injury in a construction accident. Please get in touch if you have any other questions or queries.