Injured In A Accident At Work as a result of no safety Glasses / Goggles – can I claim compensation?
Whilst you are at work your employer has a duty of care to keep you safe. Wherever possible your employer should attempt to minimise or completely remove any risks to your health and safety. However, in some workplace situations this is not possible and where it is not possible to remove the health and safety risk altogether your employer should provide you with personal protective equipment or PPE. This can include safety eye goggles, helmets, boots and face masks among other things. You may be concerned that if an employee is hurt on the job there is no worker’s compensationbut if you suffer an injury at work due to the fact that your employer has not provided suitable PPE then you may be able to claim against them.
Select a Section
- A guide to safety goggles injury claims
- What constitutes a no safety goggles accident claim?
- Statistics on lack of safety goggles accidents
- Does my employer have to provide safety goggles/Glasses?
- Does my employer have to pay for safety goggles/Glasses
- The risks of not wearing PPE
- Health and safety eyewear regulations
- Eye injury from lack of goggles when working with chemicals – can I claim?
- Injury from no goggles when working in a workshop – Would I have a claim?
- Common injuries due to lack of safety goggles/Glasses
- What different safety goggles compensation types are there?
- Claiming against an employer for lack of safety goggles
- How much of a payout will I get for no safety goggles injury claims?
- No Win No Fee No Safety Goggles Injury Claims
- Why call us for guidance on no safety goggles injury claims?
- Beginning a no safety goggles injury claim
If you have suffered an eye injury injured at work you may be unsure whether or not you are entitled to claim and how to handle a workplace injury. This guide will help you to understand what your employee rights are under workers compensation legislation and what happens if an employer is not complying with work restrictions.You may also be interested to know how much can I get for an eye injury? Details on the average settlement for eye injuries can be found in this guide. Although eye injury claim calculators can be useful in giving you a rough estimate of what you could claim, the best way to find out what you can claim in your unique case is to seek out expert advice. Legal Expert are here to help you every step of the way in your eye injury at work claim.
Anybody taking part in activities close to a hazardous area should take all steps to minimise the level of risk open to them. In the event that the risks cannot be minimised, the next step is to ensure that anybody who comes into contact with a high risk area is wearing personal protective equipment or PPE as laid out in the Personal Protective Equipment at work regulations 1992. Safety goggles are included in the umbrella term of PPE. It is very important that PPE is worn where risk is present without exemption, even if only for a few minutes as serious damage can occur whilst protective equipment is not being worn, as illustrated by the many health and safety statistics recorded in the area of eye injuries.
A safety goggles compensation claim can be made where safety goggles we not made available in a hazardous area in accordance with the law, and an eye injury occurred. For example, an injured employee who was not provided with PPE could claim compensation for loss of sight in one eye.
Provision of eye protection
Not only should employers provide protective eyewear where there are risks to health and safety, the users should be fully informed as to why the eyewear is required. They should be made aware of the risks. The person responsible should ensure that the user is wearing the equipment properly and the employer is responsible for maintaining it or repairing it when necessary. The user should be made aware of the PPE limitations and other methods of reducing risk should also be discussed.
It is not sufficient simply to hand out an item of PPE. Further information as to how it should be used correctly is essential. Responsible employers should also carry out audits to ensure that all people at risk are using the equipment properly and at all times. If an employer discovers that safety goggles are not being used then they should carry out an investigation to find out why not. It may simply be that the user has forgotten but if the employer finds out that the PPE is uncomfortable or the user is struggling to see through eyewear properly then they should carry out a review and seek an alternative model of safety goggles that can be used more comfortably and effectively.
In an attempt to identify where the most accidents occur as a result of lack of PPE, research was conducted and a data set was built. This recorded all the accidents that happened when PPE should have been used. In total 24,182 accidents were reported to RIDDOR between 1996 and 2003. The data from these accidents was compiled and entered into the RIDDOR PPE data tool. The conclusion of the study is now used to identify key risks which can be targeted in the future to reduce the incidence of accidents. The baseline also enables researchers to identify future developments and whether targeted improvements are actually making a positive Impact.
There are a huge number of accidents relating to PPE reported each year. On average around 9000 are reported. The highest number of fatalities occurs in the construction industry whilst the manufacturing and service Industries report the most serious injury accidents.
As you can see from this pie chart, 20% or 1 in 5 PPE related injuries are made up of accidents involving eyes and face.
The legislation governing PPE is very clear about an employers responsibility to provide safety goggles. If employees are exposed to a risk which may impact on their health and safety at work then they must be provided with PPE unless the risk can be adequately controlled. If the risk cannot be adequately controlled then the employer must provide safety goggles and must offer training in how to properly use them. The safety goggles that they provide need to be readily available and not simply located somewhere in the workplace. An employer must provide this PPE at their own expense, they cannot insist that an employee purchases it themselves.
It is the employer’s responsibility to pay for safety goggles. The employer is also responsible for ensuring that employees who require prescription glasses can carry out their work without affecting their vision. This involves allowing them to wear goggles which include a prescription or goggles that fit over regular spectacles Without a doubt employers have a responsibility to pay for non prescription PPE but may also be liable for providing prescription eyewear inserts and lenses for respirators which cover the whole face, goggles and face shields.
The wearing of personal protective equipment is essential if employees are exposed to health and safety risks. If PPE is not worn then employees can be exposed to the following risks:
- Injury from the impact of falling debris or objects
- Injury caused by collisions and impacts of vehicles or machinery
- Air contaminated by chemicals and pollutants
- Lacerations and eye punctures
- Bodily burns from chemicals
- Shocks from electrical currents
- Damage to the ears from excessive noise
- Injury from excessive vibrations
- Liquid chemicals splashing in the eyes.
There are some grounds on which employees can refuse to wear the required set of PPE. If this is on medical or religious grounds then it is the employer’s responsibility to provide an alternative that meets with their requirements. Examples of this include Sikhs who wear turbans and are unable to wear helmets, discomfort due to an allergic reaction to the materials that the PPE is made from or badly fitting equipment that leads to injury.
However, if an employee is refusing to wear PPE on the grounds of stubbornness or ignorance and is choosing to gamble with their own safety then this is unacceptable and the employee can be subject to dismissal or disciplinary. Some conditions caused by workplace hazards can take a long time to develop, risks are not always immediate and therefore it is important to wear PPE on a daily basis to minimise the risks of serious medical conditions developing in the future.
The requirement that employees are provided with PPE such as safety goggles is included in the Personal Protective Equipment at Work Regulations 1992. This regulation dictates that PPE must be worn at work to protect against any risks to health and safety. It states that it is the employers duty to provide suitable PPE except where the risk is adequately controlled by other effective means. The legislation also places a responsibility on the employer to maintain the PPE and ensure that it is in efficient working order and good repair.
If you do not wear safety goggles when working with chemicals then you are vulnerable to eye injuries. The most common eye injuries resulting from chemicals is a chemical burn from either liquid or powder chemicals. Alkali chemicals are particularly dangerous to the delicate eye area. Injuries usually occur when a chemical splashes onto an employees face or an employee rubs their eyes after touching chemicals. If you suffer an eye injury caused by chemicals then the best thing you can do is to rinse it out as quickly as possible before receiving first aid treatment. Chemical eye injuries can cause anything from redness and irritation right through to permanent blindness.
If you have been injured in this way because your employer did not provide you with suitable eye protection or did not train you on the proper way to use the PPE then you may be eligible to claim compensation for your injury.
In a workshop environment employees are often vulnerable to injury from flying particles or fragments. When there are manual or machine operated tools carrying out woodwork, sawing drilling, chiseling, sanding and grinding, there is a danger of small chips flying into your eyes. Even though these particles are small they can cause serious injury including punctures, lacerations and abrasions of the eye. In a workshop environment goggles with side shields are recommended.
If you have been a victim of an injury in a workshop and your employer did not provide appropriate eye protection for you or did not train you on the need for eye protection, or how to use it properly then you can make a claim against them. If you have any further questions on this or are perhaps wondering how long does an employee have to report an injurythen please contact our team at Legal Expert who can advise you on this and much more.
Your eyes are a very delicate and vulnerable part of your body so it is essential to ensure that they are protected. Eye injuries at work can be caused by:
- splashes from liquid chemicals or acids
- harmful vapours and chemical gases
- molten metal
All of the above can cause immediate and serious injury to the eye which can result in blindness.
In order to work out how much you can claim for an eye injury,Legal Expert will help you to find out how many different types of compensation you may be entitled to. Your eye injury compensation value will depend on a number of elements:
- General damages – as part of the overall eye injury compensation calculator we will help you to work out how much you will be entitled to in general damages. This covers the pain and suffering you were subject to as part of your injury.
- Care claim -following your injury you may have required the care of another person. That person may be able to make their own compensation claim for care costs.
- Loss of earnings – following your injury you may have been unable to work. Loss of earnings compensation covers any salary that you missed out on as a result of your injury.
- Travel Expenses – compensation in the form of travel expenses covers any costs you were subject to paying as a result of attending medical appointments, rehabilitation appointments and so on.
- Medical Expenses – if you were left out of pocket for any medical expenses following your injury then the medical expenses compensation will reimburse you for this.
If you have a complaint about the lack of safety goggles in your injury claim then you may be worried about how this will affect your employer or your future relationship with your employer. For example if you are seeking an insurance payout for the loss of an eye then this is likely to be a large sum of money. You may be worried about how this will impact on your employer’s finances. Rest assured that your employer will have insurance to cover the claim and so will not be at risk of losing their business. Protecting employees from injury at work is an employer’s responsibility and they cannot treat you differently if you claim against them following an accident. Making the case public is likely to have a positive impact on the rest of the workforce as the employer will be taking steps to ensure that the same accident does not happen again.
|Injury Type||Typical Award Bracket||Any Further Information|
|Sight loss with reduced vision in the other eye||£48,600 - 136,700|
|Total loss of one eye||£41,675 - 50,000|
|Loss of sight in one eye||£37,450 - 41,675|
|Serious but incomplete vision loss||£18,000 - 30,000|
|Minor but permanent vision impairment||£6925 - 15,950|
|Minor eye injury||£3000 - 6650||Includes exposure to fumes, splashed by liquids, pain and temporary visual disturbance|
The above table depicts some of the more typical types of injuries that occur to the eye and the damage that has been caused as a result. The eye is complex though, and we are aware that there are far more different types of eye injury that can occur, leading to a variety of
If you have suffered the trauma of an eye injury and feel as though you would like to make a claim, you may be worried about the financial burden that this will cause. If you have limited finances then we have good news. As well as free, no obligation legal advice, Legal Expert also offer No Win No Fee injury claims. This means that you will not be required to pay a penny up front. If you are successful in your claim then our fee will come out of your final payout. If your claim is unsuccessful then there will be no cost to you, the claimant.
If you are looking for a company with years of experience and specialists in the field of workplace injury claims, then look no further than Legal Expert. Our friendly and approachable team of experts take the burden from you and help you through every stage of your claim.
Call us today to discuss your claim and let us help you begin your journey to claiming the compensation you are entitled to. Our telephone number for a free, no obligation chat is 0800 073 8804, or contact us using our online form.
Are you wondering what happens if an employee gets hurt on the job?This link helps you to understand your rights as an employee if you have had an accident at work.
This useful link helps you to understand what is included in the umbrella term of personal protective equipment. It explains your employer’s obligations to provide it, maintain it and replace it when necessary.
This case explores the rules with regards to employees or visitors who require PPE but need prescription eyewear. It may help you to understand the rather complicated rules.