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Home » How to Make an Eye Injury Compensation Claim

How to Make an Eye Injury Compensation Claim

Eye injuries can be frightening and life-changing. Your eyes are delicate, and any harm to them can affect how you work, drive, study, and even enjoy everyday life. If your injury happened because of someone else’s fault, you may be able to claim compensation.

This guide explains everything you need to know about eye injury claims – from how much compensation you could receive, to what steps to take after an accident, to the time limits you need to keep in mind.

What Is an Eye Injury Compensation Claim?

An eye injury compensation claim is a legal process where you ask for financial compensation if your eye injury was caused by another person’s negligence. Negligence means that someone had a duty to keep you safe but failed to do so.

You may be able to claim for:

  • Serious injuries such as partial or full blindness.
  • Moderate injuries such as scratches, chemical burns or a detached retina.
  • Temporary injuries such as swelling or foreign objects in the eye.

Your claim covers two main things:

  1. General damages – money for the pain, suffering, and the impact the injury has had on your life.
  2. Special damages – money to cover financial losses, such as medical treatment, loss of income, or the cost of care.

When Can You Make an Eye Injury Claim?

To make a valid claim, you need to prove that:

  1. Someone owed you a duty of care.
  2. They breached that duty.
  3. You suffered an eye injury as a result.

Here are some common examples:

  • At work: Employers must protect staff under the Health and Safety at Work etc. Act 1974. If you were not given proper safety equipment such as goggles when using chemicals or machinery, and you suffered an injury, you may be able to claim.
  • In public places: Under the Occupiers’ Liability Act 1957, shops, restaurants, and councils must make sure public spaces are safe. If a sign falls and causes you eye damage, you could make a public liability claim.
  • On the road: Road users must follow the Highway Code and Road Traffic Act 1988. If a car crash or flying glass caused your injury, you could claim against the driver responsible.
  • Medical negligence: If an optician, doctor or hospital misdiagnoses an eye condition or provides the wrong treatment that worsens your sight, you may be able to claim for medical negligence.
  • Assaults: If someone attacked you and injured your eye, you may be able to claim through the Criminal Injuries Compensation Authority (CICA).

Even if you were partly at fault, you may still be able to claim, although your compensation might be reduced.

How Much Compensation Could You Get for an Eye Injury?

The amount of compensation depends on the severity of your injury and how it affects your life.

Solicitors often use the Judicial College Guidelines (JCG) to estimate payouts. Below are some examples:

  • Total blindness and deafness – around £403,000
  • Total blindness – about £268,000
  • Loss of sight in one eye with reduced vision in the other – £63,000 to £179,000
  • Total loss of one eye – £54,000 to £65,000
  • Minor eye injuries (that heal in a few weeks) – £3,950 to £8,700

Alongside these figures, you can also claim special damages for:

  • Loss of earnings (past and future).
  • Medical expenses, including surgery or ongoing care.
  • Psychological effects such as depression, anxiety, or post-traumatic stress.
  • Costs of equipment like prosthetic eyes, specialist glasses, or mobility aids.
  • Home adjustments if your sight loss means you need changes to your living space.
  • The cost of carers or support, including family members who lose income to look after you.

These amounts vary greatly depending on your circumstances, so always keep records of receipts, bills, or medical reports to support your claim.

What Types of Eye Injuries Can You Claim For?

Eye injuries can range from minor to severe. Here are some common examples that could lead to a claim:

  • Total or partial blindness.
  • Scratches, cuts or abrasions on the eye.
  • Chemical burns from hazardous substances.
  • A punctured eyeball.
  • Detached retina.
  • Subconjunctival bleeding (blood in the eye).
  • Fractured or broken eye socket.
  • Traumatic iritis (inflammation caused by trauma).
  • Foreign objects stuck in the eye.

If your injury has affected your ability to see, work, or enjoy daily activities, you may have a valid claim.

What Should You Do After an Eye Injury?

If you suffer an eye injury, your health comes first. Here are some important steps to take:

  1. Get medical help immediately – visit A&E, your GP, or an optician. Prompt treatment can prevent further damage and also provides medical records for your claim.
  2. Report the accident – tell your employer, the business, or the police (in the case of an assault or road traffic accident).
  3. Collect evidence – take photos of your injury and the accident location. Gather witness details if possible.
  4. Keep records – save all medical bills, travel costs, and receipts related to your injury.
  5. Seek legal advice – a solicitor can assess your case, guide you on what evidence you need, and deal with insurers or the defendant on your behalf.

What Evidence Can Support Your Eye Injury Claim?

Evidence is vital to prove your injury and show how it happened. Some useful forms of evidence include:

  • Medical records – showing diagnosis, treatment, and the extent of your injury.
  • Photographs – of the injury and the accident scene.
  • CCTV footage – if available.
  • Witness statements – from people who saw the accident or its aftermath.
  • Financial records – payslips, invoices, and receipts proving your losses.

A solicitor can help gather this evidence and build a strong case on your behalf.

How Long Do You Have to Claim?

In most cases, you have three years from the date of your accident or from the date you were first diagnosed with the injury to start your claim. This rule comes from the Limitation Act 1980.

There are some exceptions:

  • Children – If a child suffers an eye injury, they have until their 18th birthday before the three-year limit begins. A parent or guardian (known as a litigation friend) can claim on their behalf before this.
  • Mental capacity – If the injured person lacks mental capacity, the time limit does not apply until (and unless) they recover.
  • Assaults – Claims through the Criminal Injuries Compensation Authority usually have a two-year time limit.
  • Faulty products – If a defective product caused the injury, you generally have three years from the date the fault was discovered.
  • Fatal cases – If you are claiming for a loved one who has passed away due to an eye injury, you normally have three years from the date of death or post-mortem.

Because the rules can be complex, it’s best to get advice as soon as possible after the accident.

How Long Will an Eye Injury Claim Take?

The length of time varies depending on:

  • How serious your injury is.
  • How long it takes to gather evidence.
  • Whether the other side accepts liability quickly or disputes it.
  • Whether the claim is settled out of court or goes to trial.

Simple claims may settle in a few months, while more serious or contested cases can take a year or more. While this may feel frustrating, remember that waiting until your medical situation is clearer can sometimes lead to a fairer payout.

Do You Need a Solicitor?

You do not have to use a solicitor, but having one can make the process easier. A solicitor can:

  • Explain how much compensation you could claim.
  • Collect and present evidence.
  • Handle communication with insurers and the defendant.
  • Negotiate a fair settlement.
  • Represent you in court if necessary.

Many solicitors offer a No Win No Fee agreement, also known as a Conditional Fee Agreement. This means:

  • You don’t pay anything upfront.
  • You don’t pay your solicitor if the claim is unsuccessful.
  • If you win, your solicitor takes a success fee (a small percentage of your compensation, capped by law).

This reduces the financial risk of making a claim.

Step-by-Step Guide to Making a Claim

  1. Seek medical treatment – get your injury diagnosed and treated.
  2. Check eligibility – confirm that someone else’s negligence caused your injury.
  3. Collect evidence – photos, witness details, medical reports.
  4. Contact a solicitor – for legal advice and case assessment.
  5. Submit the claim – your solicitor will notify the responsible party.
  6. Negotiate settlement – most cases are settled before court.
  7. Receive compensation – once agreed, the payment will cover both general and special damages.

Final Thoughts

Suffering an eye injury can change your life, but if it happened due to someone else’s negligence, you don’t have to face the financial and emotional burden alone. By making an eye injury compensation claim, you can get the support you need to cover medical costs, replace lost income, and adjust to changes in your daily life.

The process may seem daunting, but with the right evidence, clear advice, and the help of a solicitor, you can take confident steps towards a fair outcome.