Am I able to claim eye injury compensation after an accident at work? I was blinded in one eye after being hit by a spark while operating a buzz saw. However my employer says I cannot claim compensation as I was wearing goggles at the time. Is this correct?
Your eligibility to claim eye injury compensation will depend upon whether your employer has been negligent regarding health and safety standards in the workplace. It is the duty of your employer to provide a safe environment in which to work, and if this duty is not upheld they may be liable for a claim to compensation. This duty involves ensuring that all measures are taken in order to reduce the likelihood of an accident occurring, which includes the maintenance of machinery and safety gear. In this situation, it is clear that the goggles you were wearing were inadequate for the task at hand. However liability must still be determined.
Liability for a claim to eye injury compensation can be determined by a number of factors. It is possible that the goggles you were provided with were old and worn out, were a cheap pair which would not perform adequately or were the wrong type of eye protection entirely. In these situations your employer may be held liable for your injury for failure to provide suitable protective equipment in order to avoid the possibility of an injury occurring. Nonetheless it may occur that you were negligent and are at least partially liable for your own injury. This may be the case if you had noticed that the goggles were unsuitable but did not voice these concerns, or if you had been wearing them incorrectly. There is also the possibility that your blindness could have been averted or at least limited by timely medical intervention, and if you failed to seek immediate medical attention this may be seen as contributory negligence towards your own injuries.
If you wish to determine your eligibility to claim compensation for your eye injury, you are advised to consult a personal injury* solicitor. By discussing the specific details of your accident with a solicitor, the strength of your claim can be analysed, liability for your accident can be established and the amount of compensation to which you may be entitled can be estimated. This will be important if you receive an unsolicited offer of compensation from the insurance company of your employer, and if this offer is inadequate to cover your needs you will know to refer it to your solicitor. A time limit of three years exists in order to initiate a claim, and if you believe you have a valid claim for eye injury compensation you are advised to consult a personal injury* solicitor at the earliest opportunity.