Can I claim compensation for an eye injury in a factory accident? A caustic chemical dripped in my eye from a broken pipe but my employer has said that no fault was found when a risk assessment was completed.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In order to claim compensation for an eye injury in a factory accident you must be able to establish and prove that the accident was caused as a direct result of the negligence of your employer, and that your employer failed to fulfil his or her duty of care to you to keep you safe at work. If your employer failed to identify a fault with the pipes, or had not regularly checked for signs of wear or damage, this could certainly be considered to be negligence and a claim for an eye injury in a factory accident would therefore be possible.
Employers have a legal responsibility to ensure that the workplace is safe and that employees are not placed at an excessive risk of sustaining an eye injury at work in a factory. Health and safety legislation demands that employers conduct regular risk assessments in the workplace to identify potential health and safety problems so that they can be addressed and corrected to prevent accidents at work. Simply arranging for a risk assessment to be completed to comply with health and safety legislation is not sufficient, and an employer must ensure that safety checks are thorough. The potential for employees suffering an eye injury in a factory accident when chemicals are used in the workplace is high, and health and safety checks must therefore be stringent.
It is strongly advisable to seek legal advice from an independent personal injury solicitor before you make a claim for factory eye injury compensation. You will have to provide proof that your employer has been negligent to support your factory eye injury claim and a personal injury solicitor is in the best position to assist you with collecting evidence of negligence and establishing that your employer has failed in a duty of care. A personal injury solicitor will also be able to arrange for your eye injury to be checked by an eye specialist. This will help to ensure that your medical assessment form contains sufficient detail of your injury, including any future eye problems which you may suffer as a result of the damage which has been caused. This can help to make sure you receive your full entitlement to compensation for an eye injury in a factory accident when the Injuries Board assesses your claim.
A claim for compensation for an eye injury in a factory accident may not be straightforward, even when it appears that an employer has been negligent. A claim for factory eye injury compensation may be contested and consent not given for an Injuries Board assessment if your employer believes appropriate health and safety inspections were completed. The experience of a personal injury solicitor can be invaluable when liability is denied, can help to make sure that the claim for compensation proceeds as smoothly as possible and that you recover compensation for an eye injury in a factory accident.