It does not matter what industry you work in, there are always hazards in the workplace that you should be aware of. Whether it's an accident, faulty equipment or even inadequate safety procedures, injuries can occur that are incapacitating, such as eye injuries. An injury to the eye can lead to severe eye damage or even blindness, so it's important to get treatment.

A traumatic brain injury (TBI), debris, and chemical exposure are just a few ways you could suffer irreversible eye damage and blindness. If you've suffered an eye injury in New York, you want to know what legal options you have. Workers' comp benefits are among them.

We highly encourage you to seek out an NY workers comp lawyer to discuss your case. The Brandon J. Broderick law firm is among the top in New York state. We can help you after an eye injury. Call us immediately.

Common Eye Injuries in the Workplace

While almost all forms of eye injuries sustained at work may be eligible for workers' compensation, there's certain reasons that are more common than others.

Below are the common eye injuries that occur at work:

  • Blindness: Complete loss of eyesight is considered blindness and is a permanent impairment. Punctures, severe chemical burns, and blunt force trauma can all result in blindness.
  • Burns: Another common eye injury that can leave a person completely or partially disabled is burns from chemicals used at work, including acids.
  • Abrasions: Usually the result of coming into contact with a foreign object, abrasions are scratches on the cornea. These can be treated medically, but if care is delayed, it may lead to ulcers, which will cost more.
  • Infection: When chemicals or other objects get inside the eye, infections can happen. Even if they are easily treated, getting the right medical care is important to avoiding long-term issues with your sight.
  • Detached Retina: Usually the result of head trauma, a detached retina is a very serious medical emergency that, if left untreated, can cause blindness.
  • Punctures: Sharp objects, machinery, and debris can cause punctures to the eyes. Severe punctures may cause partial or complete vision loss, or in rare cases, the complete loss of an eye.
  • Iritis: Traumatic iritis is an inflammation of the colored portion of the eye, known as the iris, that may arise from direct damage to the eye.
  • Orbital Fracture: Head trauma and falls can cause the orbital bone to break.
  • Hyphema: Bleeding between the iris and the cornea, hyphema is most commonly caused by blunt trauma to the eye.

Compensation For An Eye Injury Under New York Workers' Compensation

Benefits from NY workers' comp insurance include medical costs, vocational rehabilitation, and future medical costs and diminished earning capability in the event of a permanent partial or total disability. However, if you are enduring emotional distress, you will not be compensated for pain and suffering.

You may be eligible for weekly benefits if you are unable to work. The maximum weekly benefit for injuries suffered between July 1, 2020, and June 30, 2021 is $966.78. Based on your average weekly earnings (including overtime pay), your benefits will be determined. For an eye injury, you may receive this weekly benefit for up to 160 weeks, for a maximum settlement of $154,684.80.

Do I Qualify for an Eye Injury Settlement Under Workers' Compensation?

In order to regain eyesight or learn to live with their loss, many injured workers need to see specialists, particularly ophthalmologists, as treatment will continue. However, an ophthalmologist may not be on the approved physician's list, leaving you to worry about the future and whether you'll get the right care. Insurance companies can complicate the claims process for you, so it's important to seek legal representation to ensure you get the benefits you are entitled to, whether it's a settlement or ongoing payments.

Following an injury, you are eligible for workers' compensation if:

  • You are an employee of a company. Under New York law, self-employed, contract, and temporary workers are not eligible for workers' comp. If you are not a regular employee of your employer, you may be subject to particular regulations for seasonal employees.
  • Your employer follows rules to self-insure workers' compensation claims or carry active workers' compensation insurance.
  • You were employed by your employer when you sustained your injury. You must be performing tasks related to your job when the injury occurred.

If you do, indeed, quality for workers comp, you must inform your employer of the workplace injury immediately and seek medical attention.

It's also important to file your claim before any deadlines. A workers' comp lawyer can ensure that you don't miss any deadlines.

Consult With An NY Workers Comp Lawyer

If you sustained an eye injury at work, you may be qualified to apply for workers comp benefits. But submitting a claim and getting paid can be challenging. This is why it's important to consult with an experienced workers' compensation lawyer in New York.

The team at Brandon J. Broderick, Attorney at Law is here for you. We are dedicated to supporting our clients.


Please contact us to find out more about your legal options, call us today.


Posted by: Brandon J. Bro…
Date: Thu, 11/02/2023 - 16:53

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