Workers Comp Eye Injuries: Claims, Permanent Impairment, and Settlements

 

Learn What Evidence You Need to Get Workers Comp Benefits after an Eye Injury and What Factors to Consider When Negotiating a Fair Settlement Amount for Vision Loss or Blindness

 

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.

 

Contents hide
1 Workers Comp Eye Injuries: Claims, Permanent Impairment, and Settlements
1.1 Learn What Evidence You Need to Get Workers Comp Benefits after an Eye Injury and What Factors to Consider When Negotiating a Fair Settlement Amount for Vision Loss or Blindness
2 What Types of Accidents Cause Eye Injuries and Blindness?
3 How Can I Recognize Damage to the Eye?
4 What Should I Do if I Injured My Eye at Work?
5 Common Types of Eye Injuries in the Workplace
5.1 Chemical Eye Burns
5.2 Ruptured Globe
5.3 Hyphema (Bleeding in the Eye)
5.4 Orbital Bone Fracture (Eye Socket Fracture)
5.5 Orbital Hemorrhage
5.6 Eyelid Laceration
5.7 Corneal Abrasion
5.8 Corneal Ulcer
5.9 Traumatic Iritis
5.10 Detached Retina
5.11 Flash Burn to the Eye (UV Burn/Radiation Injury)
6 How to Avoid Workplace Eye Injuries: Wear Proper Eye Protection
7 What is the Average Workers Comp Settlement Amount for Eye Injuries?
8 How Do I Calculate the Value of Permanent Vision Loss or Blindness under Workers Comp?
9 Is Workers Comp My Only Option if I Have Vision Loss and Cannot Work?
9.1 A Top-Rated Workers Comp Attorney for Your Eye Injury and Vision Loss

 

What Types of Accidents Cause Eye Injuries and Blindness?

 

Many different accidents can cause eye injuries and blindness:

 

 

How Can I Recognize Damage to the Eye?

 

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:

 

  • Bleeding in any part of the eye
  • Change in pupil size
  • Changes from your pre-injury vision level
  • Constant tearing
  • Double vision
  • Feeling like something is in your eye
  • Inability to close the eye completely
  • Light sensitivity
  • Reduced field of vision
  • Swelling near the eye socket

 

What Should I Do if I Injured My Eye at Work?

 

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.

 

Common Types of Eye Injuries in the Workplace

 

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:

 

Chemical Eye Burns

 

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:

 

  • Boric Acid
  • Hydrochloric Acid
  • Hydrofluoric Acid
  • Nitric Acid
  • Phosphoric Acid
  • Sulphuric Acid

 

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:

 

  • Ammonia
  • Calcium Hydroxide
  • Potassium Hydroxide
  • Sodium Hydroxide

 

Chemical eye burn injuries are assigned grades based on the amount of damage done to the eye by the chemicals:

 

  • Grade I: This is the least severe type of chemical eye burn. Your injury is a Grade I burn if the chemical affected the corneal epithelium but did not go deeper. You have a good chance of recovery.

 

  • Grade II: A Grade II burn usually results in some permanent damage to the cornea, but you will likely retain vision.

 

  • Grade III: A Grade III burn occurs when the chemical has penetrated some of the eye’s internal parts. You will likely have some permanent vision loss and may require surgery.

 

  • Grade IV: A Grade IV burn occurs when the cornea melts, and all parts of the eye suffer damage, including the lens. Usually, a Grade IV chemical burn results in total blindness in the affected eye.

 

Ruptured Globe

 

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.   

 

Hyphema (Bleeding in the 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. 

 

Orbital Bone Fracture (Eye Socket Fracture)

 

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 Hemorrhage

 

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.

 

Eyelid Laceration

 

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.

 

Corneal Abrasion

 

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.

 

Corneal Ulcer

 

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.

 

Traumatic Iritis

 

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.

 

Detached Retina

 

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.

 

Flash Burn to the Eye (UV Burn/Radiation Injury)

 

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.

How to Avoid Workplace Eye Injuries: Wear Proper Eye Protection

 

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:

 

  • Protective Glass Lenses: These lenses can be used around chemicals without damage. However, if your job requires a precise vision, large glasses can become uncomfortable. And they can fog easily, obstructing your view and increasing the risk for other work injuries such as trips and falls. This makes them less desirable if you work outdoors or in a hot or humid environment.

 

  • Plastic Lenses: These lenses are lighter and more comfortable than glass lenses, and they usually do not fog. But plastic is not scratch resistant and may not offer adequate protection around some industrial chemicals.

 

  • Polycarbonate Lenses: These lenses offer many advantages of plastic lenses and can be used by welders, but they are not as scratch resistant as glass lenses.

 

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.

 

What is the Average Workers Comp Settlement Amount for Eye Injuries?

 

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:

 

 

 

 

 

  • Whether you developed Post Traumatic Stress Disorder (PTSD) or depression and anxiety from the eye injury. This is common. Vision loss, or the prospect of suffering an injury to the eye that was not hurt in the industrial accident and becoming blind, are significant sources of stress for many of my eye injury clients.

 

 

 

 

 

 

How Do I Calculate the Value of Permanent Vision Loss or Blindness under Workers Comp?

 

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.

 

Is Workers Comp My Only Option if I Have Vision Loss and Cannot Work?

 

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:

 

 

 

  • Personal Injury Lawsuit: When your eye injury occurs because of a third-party’s negligence, you may have a civil action against that third-party under tort law. For example, you may have a lawsuit against a negligent driver if you hurt your eye in a work-related motor vehicle accident. Or you may have a product liability action if a defective product caused your harm. A personal injury lawsuit allows you to recover compensation for past and future medical expenses, lost wages, and pain and suffering.

 

A Top-Rated Workers Comp Attorney for Your Eye Injury and Vision Loss

 

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.

Corey Pollard
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