Many workers comp cases involve orthopedic injuries – injuries to the back, neck, shoulders, hands, knees, and ankles. But that does not mean job-related eye injuries are uncommon. They happen – often.
Each year more than 2 million Americans suffer an eye injury. More than 50,000 of these eye injuries will result in vision loss.
An industrial accident resulting in an eye injury is usually devastating, with long-lasting effects. Eye damage is challenging to repair in the best of circumstances. And nearly impossible to reverse when the workers comp insurance company denies prompt medical treatment, requiring litigation and delays in getting the care you need. Many work-related eye injuries lead to permanent vision loss, partial blindness, and even complete blindness.
This article discusses workplace eye injuries and vision loss claims. And how to win your case and negotiate a fair workers compensation settlement for an eye injury. I discuss some of the most common eye injuries on the job and what defenses you can expect from the insurer (Travelers, The Hartford, Liberty Mutual, etc.) or a third-party administrator (Sedgwick, Gallagher Bassett, ESIS, etc.).
If you want to discuss your rights under workers compensation laws, call me: (804) 251-1620 or (757) 810-5614. See why other attorneys and past clients have voted me one of the best workers comp lawyers in Virginia. And how I can help you recover workers compensation payments and lifetime medical treatment for an eye injury.
Many different accidents can cause eye injuries and blindness:
Knowing the signs of an eye injury or condition is essential. Prompt diagnosis and immediate treatment are often needed to save your vision and have the best outcome.
Common signs and symptoms of job-related eye injury include:
If you or a loved one suffered an eye injury on the job, seek medical attention right away. Sometimes ocular irrigation can save your vision. But other times this is not the best method to treat eye injury.
Once you have received proper medical care and your condition has stabilized, document the accident. Notify your employer, in writing, about the cause of the accident and the injuries you suffered. You can use my sample work injury report letter.
You must notify your employer of the accident within 30 days of it occurring, or else you may forfeit your right to all types of workers compensation benefits. This is true even if you file a workers comp claim within the applicable statute of limitations.
The next step is to contact a workers comp lawyer with experience handling eye injury claims. Your attorney can help you investigate the claim, develop the facts, and put you in the best position to receive a fair workers comp settlement for vision loss.
The type of eye injury you suffered determines the kind of treatment you will need and affects your claim’s settlement value. Specific eye injuries are more likely to result in partial vision loss or total blindness, and the need for light-duty restrictions.
I have represented injured workers who have suffered the following types of eye injuries and ocular trauma:
A chemical burn to the eye is an emergency that can threaten your vision and cause permanent blindness.
It is possible to suffer a chemical eye burn even though the chemical does not splash into your eye. Rubbing your eye with a hand that has contacted the chemical is enough to cause damage.
Your injury’s severity depends on the substance, how long the material contacted your eye, and the effectiveness of the treatment. It takes only a few seconds for the chemical to start to damage your eye.
Examples of acids used in industrial settings include:
Too much exposure to the acid may result in hypocalcemia – a calcium deficiency. This deficiency can impair many body functions.
Examples of alkalis used in industrial settings include:
Chemical eye burn injuries are assigned grades based on the amount of damage done to the eye by the chemicals:
Globe rupture, globe laceration, or open globe injuries are forms of ocular trauma that require emergency treatment.
Two mechanisms can damage the globe: penetration/laceration/perforation and rupture due to blunt force, such as a hammer striking the eye. A penetrating injury occurs when a foreign object penetrates the eye and stays there; a perforation injury occurs when the external object goes through the eye entirely.
A ruptured globe is an “inside-out injury” because the impact from the blunt object causes an increase in the intraocular pressure. It can result in blindness and the need for a fake eye.
A hyphema occurs when blood collects in the front of your eye, between the cornea and iris.
Blunt force trauma and penetrating injury are the most common causes of hyphema.
Permanent vision loss is common with hyphema injuries. Other complications include rebleeding into the anterior chamber of the eye and glaucoma.
An orbital bone fracture occurs when there is a break in one of the bones surrounding the eyeball. These bones form the orbit, which is also called the eye socket.
Blunt force trauma to the eye or the face is the most common cause of an orbital bone blowout fracture.
Surgery is often recommended for an orbital bone fracture. And treatment is necessary to avoid persistent double vision.
Orbital trauma at work, or surgery to correct an orbital fracture, may cause intraorbital hemorrhage.
This condition, marked by bleeding within the orbit, is severe and can lead to permanent vision loss if not treated immediately.
A sharp or blunt trauma can cause a laceration (cut) to the eyelid.
Depending on the severity of the laceration, you may need surgical repair.
A corneal abrasion is a scratch on the cornea. You may feel a foreign body in the eye and pain, and experience tearing and sensitivity to light.
Usually, this type of injury is caused by a poke to the eye or a small foreign body entering the eye. Removal of the corneal foreign body is necessary, followed by antibiotics and eye drops to prevent infection. Your ophthalmologist may also ask you to wear an eye patch for a period. Follow-up is recommended if the abrasion does not heal quickly or if a white corneal infiltrate develops.
When a corneal abrasion or other eye injury is left untreated, it can develop into an ulcer on the cornea. An ulcer is a sore or crater that forms on this layer of the eyeball. This condition is sometimes referred to as an epithelial defect or stromal infiltrate.
A corneal ulcer is a painful condition that needs immediate treatment. It can result in permanent vision loss and even blindness.
A direct blow to the eye can cause inflammation in the colored part of the eye, called the iris.
Like other injuries resulting from direct trauma to the eye, prompt treatment is required to avoid permanent damage and vision loss.
Retinal detachment is an emergency. It occurs when an eye injury results in the tissue at the back of the eye (retina) pulling from the layer of blood vessels that provide it with oxygen and nourishment.
Seek treatment immediately to give yourself the best chance of saving vision in the eye.
A flash burn occurs when you are exposed to ultraviolet (UV) light at high levels.
Welders experience this type of injury at a high rate, which is why it is sometimes called “welder’s flash” or “arc eye.”
A flash burn is similar to sunburn to the eyes.
If you are reading this article, it may be too late to prevent an eye injury on the job.
But if you have not suffered an eye injury and are reading this for informational purposes, or want to reduce the likelihood of a second eye injury, this section can help.
Wearing safety glasses, safety goggles, face shields, and other types of eye protection can prevent many accidents. At least one report states about 90 percent of industrial eye injuries could be avoided with proper protection.
OSHA standards require employes to provide individual employees in specific industries with eye protection. The type of eye protection required varies from industry to industry and is determined by the kinds of hazards you might encounter at work. For example, open-air glasses similar to regular eyeglasses are ok for many jobs. But they are not good enough for welders who need a full face mask.
The different types of materials used for protective eyewear on the job include:
Proper eye protection reduces the risk of injury. It is still possible to suffer a severe eye injury on the job requiring hospitalization and follow-up care when wearing safety goggles or glasses.
For example, I negotiated a workers comp eye injury settlement for a construction worker who was hurt despite wearing eye protection. He was working on a scaffold with a coworker. The coworker cut a piece of metal next to him, and a metal fragment flew through an opening in the side of the glasses, causing injury.
Most of the eye injury claims I handle involve permanent vision loss or blindness.
The average workers compensation settlement amount for eye injuries resulting in vision loss is from $65,000 to $105,000.
The amount of your eye injury settlement will vary depending on several factors, including:
Virginia Code Section 65.2-503 covers loss of vision or blindness due to a work-related accident. This is the same code section that provides for permanent partial disability payments for other injured body parts.
Vision loss in an eye is compensated at 100 weeks of disability benefits multiplied by your percentage impairment. For example, let’s say your pre-injury average weekly wage is $600. That means your compensation rate for temporary total disability is $400 per week. If you have a 100% loss of vision in the injured eye (complete blindness), you will receive $40,000.00 for your vision loss. Suppose your doctor gives you a ten percent loss of vision in your injured eye. In that case, you will receive $4,000.00 in disability benefits.
The Workers Compensation Commission calculates the loss of vision by measuring deviation from standard vision fields, visual acuity, and ocular motility. When determining the percentage impairment to assign for your vision loss, the Commission uses Snellen’s Chart, which is found at Rule 13 of the Rules of the Virginia Workers Compensation Commission.
The Snellen Eye Chart was developed by Hermann Snellen, a Dutch eye doctor, in the 1800s. It measures the loss of visual acuity. If you have had an eye exam before, you have likely seen the Snellen Eye Chart. It is the chart that your eye doctor asks you to read on the wall.
Below is the breakdown of how the Commission determines vision loss in workers comp claims:
| Snellen’s Chart Readings | Percentage of Loss of Visual Acuity |
| 20/20 | 0 |
| 20/25 | 5 |
| 20/30 | 10 |
| 20/40 | 20 |
| 20/50 | 25 |
| 20/60 | 33 1/2 |
| 20/70 | 40 |
| 20/80 | 50 |
| 20/90 | 62 1/2 |
| 20/100 | 75 |
| 20/110 | 80 |
| 20/120 | 85 |
| 20/130 | 87 |
| 20/140 | 89 |
| 20/150 | 91 |
| 20/160 | 93 |
| 20/170 | 95 |
| 20/180 | 97 |
| 20/190 | 99 |
| 20/200 | 100 |
Depending on the type of eye injury you suffered and the treatment, your pre-treatment vision loss may be used to determine the benefits you receive.
For example, the Workers Compensation Commission may consider you as having a 100 percent loss of vision if you need a lens repair. If the lens replacement restores most of your sight, you would still receive this amount.
Maybe not.
Suppose a work accident resulted in the loss of your sight, and you are unable to do your job. In that case, you may have other legal options in addition to workers comp:
Workplace eye injuries often result in time missed from work and permanent loss of vision.
This is bad enough. But the situation is made worse by claim adjusters, nurse case managers, and insurance defense attorneys who use their knowledge to take advantage of injured workers during the workers comp claim process.
Do not let this happen to you. Let me take on the insurer so that you get the best workers comp settlement for your eye injury possible. Call now: (804) 251-1620 or (757) 810-5614.