Eye Injury Compensation Claims

For eye injuries in the workplace, there are three types of compensation you may be eligible for. Depending on your situation, your workers comp eye injury settlement may include all three.

Basic workers compensation entitlements

If you’ve suffered an eye injury at work, you can make a workers compensation claim. Generally speaking, every eye injury workers comp payout includes these basic entitlements:

• Weekly payments that cover up to 95% of your pre-injury income.
• Medical and treatment costs.
• Rehab and other support services to get you back to work.
• Travel between all medical treatments.

Lump sum payments

In addition to your weekly payments, you might be eligible for a lump sum if your eye injury results in permanent impairment.

To qualify, your Whole Person Impairment (WPI) will need to be assessed. This measures how much your eye injury or vision loss has impacted your life. Some states have a minimum WPI threshold to receive a lump sum. For example, in NSW, you must have a WPI of over 11% to qualify.

For more details, check out our guide to workers compensation claims for permanent impairment.

Common law damages

If your employer’s negligence caused your eye injury, you may have the right to file a common law damages claim.

Unlike standard workers compensation, a successful common law claim can lead to a much larger lump sum — potentially hundreds of thousands or even millions for severe cases.

In addition to your workers compensation entitlements, your payout could cover:

• Future lost wages and superannuation.
• Ongoing medical care and rehabilitation.
• Pain and suffering (available in some states).

If you suffer an eye injury in a car accident, your compensation depends on several factors, including the state you’re in and whether you were at fault.

Depending on your circumstances, you may be entitled to:

• Lost income: wages you’ve lost already, plus future lost earnings if the accident wasn’t your fault.
• Pain and suffering: covering both the physical and emotional impact of your eye injury on your life.
• Care and support: whether from professionals or loved ones, including assistance if you can no longer care for a dependent.
• Additional costs: such as medical expenses, travel for treatment, and necessary home or vehicle modifications.

For a full breakdown, check out our complete guide to motor accident claims or reach out to a specialist eye injury solicitor today.

Compensation for eye injuries caused by surgical complications or medical negligence varies widely, depending on the severity of the injury and how it affects your life.

• Minor injuries: if your injury is relatively mild, such as a temporary infection after cataract surgery or short-term blurred vision after LASIK, your compensation may range between $20,000 – $50,000, depending on recovery time and any lingering discomfort.
• Severe injuries: at the higher end, compensation for permanent vision loss or losing an eye can reach millions, especially if it significantly impacts your ability to work and live independently.

Depending on your case, your compensation could cover:

• Lost income: including future earnings and superannuation.
• Pain and suffering: addressing both the physical and emotional toll of your injury.
• Care and support: whether from professionals or loved ones, particularly if you can no longer care for yourself or a dependent.
• Additional costs: such as medical expenses, treatment-related travel, and necessary home or vehicle modifications.

For a detailed breakdown of potential compensation, check out our full guide to medical negligence claims or speak to an experienced eye injury lawyer today.

If your eye injury has left you unable to work temporarily, you may qualify for income protection benefits. These can include:

• Monthly wage replacement to help cover your expenses.
• Up to 75% of your regular income, including superannuation.
• Payments for a fixed period, such as 2 years, 10 years, or even until retirement.

If your eye injury means you can never work again, you may be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection, TPD provides a one-time lump sum to support you long term. The good news? Many superannuation policies include TPD coverage automatically, so you could already be insured without realising it.

Before starting your eye injury claim, it’s worth speaking with a lawyer who specialises in these cases. In a free consultation, we’ll walk you through the claims process and ensure you fully understand your rights and entitlements.

Your lawyer will explore every possible path to compensation, making sure you receive the maximum payout for your eye injury.

Solid expert evidence is key to winning an eye injury claim, especially when proving someone else was at fault. You’ll need to show both the extent of your injury’s impact on your life and the other party’s responsibility.

That’s why our experienced eye injury lawyers work with top medical and liability experts to build a strong case from every angle. Plus, we cover all expert costs upfront, so you won’t pay a thing unless we win your claim.

Once we’ve built a strong case, your eye injury lawyer will submit your claim for you:

• For workers compensation or car accident claims, we’ll submit your claim along with all supporting evidence to the insurer.
• For medical negligence claims, your lawyer will initiate court proceedings on your behalf.

No matter the type of claim, we’ll take care of everything to make the process as smooth and stress-free as possible.

After your claim is submitted, the insurer will assess it and make a decision. If it’s approved, your payments should begin immediately. If it’s denied or the payout is lower than expected, your lawyer will step in to challenge the decision and push for the full compensation you’re owed.

Before your case reaches court, you’ll need to attend a mandatory mediation with the insurer. Your eye injury lawyer will take care of all negotiations, keeping the process as stress-free as possible.

Most cases are resolved at this stage with the right preparation. But if the insurer won’t agree to fair compensation, we’re fully prepared to take your case to court and fight for the compensation you deserve.

Right after an accident, take these steps to protect your health and your eye injury claim:

1. Get medical attention: see a doctor as soon as possible for a proper diagnosis, treatment, and specialist referrals. Your GP can also issue a ‘certificate of capacity,’ which is key evidence for your eye injury claim.
2. Track your symptoms: keep a record of how your injury or vision loss affects your daily life, work, and well-being. A detailed log of your struggles can help strengthen your case.
3. Speak to an eye injury lawyer: a skilled lawyer can explain your rights, guide you through the claims process, and estimate your compensation. We’ll also gather medical evidence, interview witnesses, and handle insurer negotiations to secure the best possible outcome.

Eye injury claims have strict time limits, which vary depending on the type of claim and the state you’re in.

If you’ve missed this deadline, don’t stress — you’ve still got options. Our experienced eye injury lawyers know the exceptions to time limits in each state and can apply for an extension on your behalf. We’ve successfully helped many clients overcome delays and secure the compensation they deserve.

Reach out today to explore your options and take the next step in your eye injury compensation claim.

Eye injury at work claims

Notify your employer about your eye injury as soon as possible. Most states allow between 6 to 12 months to file a workers compensation claim.

For common law damages claims, the time limits vary by state. Generally, you have up to three years from the date of the injury — or from when you discovered it was caused by your employer’s negligence — to lodge your claim.

Motor vehicle accident claims

In most states, you’re required to report your accident to the state insurer as soon as possible. The timeframe for filing a court claim varies depending on where you are, with deadlines ranging from 13 weeks to three years.

For specific time limits in your state, check out our complete guide to motor accident time limits.

Medical negligence claims

Time limits for filing a medical negligence claim vary by state. In some states, you have three years from when your eye injury occurs. In others, the clock starts when you first realise it was caused by medical negligence.

For a state-by-state breakdown of deadlines, check out our comprehensive guide to medical negligence time limits.

Some of the most common LASIK or laser eye surgery complications include:

• Loss of vision or blindness.
• Corneal Ectasia: a rare but serious condition where the cornea weakens and bulges, leading to worsening vision.
• Flap complications: if the corneal flap was improperly cut, displaced, or wrinkled due to surgeon error, affecting vision.
• Incorrect laser calibration: if the laser was not properly set, leading to improper vision correction.
• Failure to screen for risk factors: if your surgeon ignored pre-existing conditions that made you more vulnerable to LASIK eye surgery complications.
• Severe chronic dry eyes: if the surgery caused long-term nerve damage, making it difficult to produce tears.
• Debilitating night vision issues: extreme glare, halos, or starbursts that significantly impact your ability to drive or function in low light.
• Persistent double vision or ghosting: if visual distortions remain and impact daily life.

Some common eye cataract surgery complications that could lead to a claim include:

• Total or partial blindness: if the surgery caused permanent vision impairment.
• Retinal detachment: a rare but serious complication where the retina pulls away, leading to vision loss.
• Macular oedema: swelling in the macula that affects central vision and can require ongoing treatment.
• Lens placement errors: if the artificial lens is misplaced or the wrong lens power is used.
• Capsular rupture: if the capsule holding the lens is torn during surgery, increasing the risk of complications.
• Incorrect or inadequate pre-surgical screening: if your surgeon or other medical professional failed to assess your risk factors properly, leading to complications that could have been avoided.
• Chronic dry eyes: if the surgery caused nerve damage affecting tear production.
• Glare, halos, or starbursts: if post-surgical visual disturbances severely impact daily life.
• Infection or inflammation (endophthalmitis): a serious post-operative infection that can cause pain, vision loss, and in extreme cases, blindness.

Medical negligence can happen when a surgeon, ophthalmologist or other medical professional provides care that falls below a certain standard, and you suffer an eye injury as a result.

Some of the most common mistakes that can cause eye injury or loss of sight include:

• Surgical errors.
• Misdiagnosis or delayed diagnosis.
• Poor post-operative care.
• Failure to warn about medical risks.

To prove that your eye injury resulted from medical negligence, you’ll need to establish two main factors:

• Your medical professional’s actions fell below a proper professional standard, meaning no other similar professional would’ve done what they did. This also includes situations where your medical professional failed to do something expected of them.
• There must be a clear link between the medical professional’s negligence and your eye injury.

Medical negligence claims can be extremely complicated, so having the right legal support makes all the difference. Our eye injury compensation lawyers will assess your case, figure out who’s responsible, and help you build the strongest claim possible to get the compensation you deserve.

Want to learn more about proving negligence in eye injury cases? Check out our easy-to-follow guide to medical negligence cases.

Certain workplace conditions can significantly increase the risk of eye injuries, including:

• Lack of proper eye protection or failure to wear it consistently.
• Workers not being trained on how to use personal protective equipment (PPE) correctly.
• Weak enforcement of safety protocols and regulations.
• Poorly fitted or low-quality eye protection that doesn’t provide full coverage.
• Only machine operators wearing eye protection while nearby workers remain exposed.
• Outdated, damaged, or ineffective PPE that hasn’t been replaced.

An eye injury can have lasting consequences, affecting your vision, work, and overall quality of life. If you’ve suffered an eye injury at work, get in touch today to start your compensation claim.

When you hear the term ‘loss of sight’, you may believe you need to be completely blind to qualify for compensation. However, it’s possible to get compensation in many different scenarios, including:

• Partial or total vision loss in one or both eyes.
• Reduced visual clarity that significantly affects reading, driving, or other essential activities.
• Peripheral vision loss that limits mobility or depth perception.

Importantly, both eyes don’t need to be affected — you can claim compensation for vision loss in just one eye. However, the payout for losing sight in one eye will generally be lower than if both eyes are affected. Your exact compensation depends on the degree of impairment and how it impacts your daily life and ability to work.

To find out whether you have a loss of sight compensation claim, get in touch today. Our lawyers will assess your situation and provide free advice on what you’re entitled to.

The cost of your eye injury claim depends on factors like the type of claim and its complexity. If you’re filing a workers compensation claim in NSW, the Independent Review Office (IRO) covers all legal costs, so we can assist you completely free of charge.

For other states and claim types, our No Win No Fee guarantee means you won’t pay a cent unless we win your case. We also keep our fees capped at 30% of your compensation, much lower than the 50% some firms charge. In most cases, we recover legal costs from the other party, so you keep more (if not all) of your payout.

Want to know more? Get in touch with our eye injury lawyers for a free cost estimate. We’ll break down your entitlements, explain our fees, and help you secure the maximum payout for your injury or loss of eyesight.