These injuries can arise in many circumstances and, in some cases, may lead to blindness.
These injuries can have a profound impact on a claimant’s life, and they may be entitled to compensation as a result.
Our solicitors advise on eye injury claims across Ireland arising from workplace accidents, road traffic accidents, assaults, and medical negligence.
Typical eye injuries
The term eye injury encompasses injuries to the eyeball itself and damage to the area surrounding the eye, including the eye socket, tissue, and ligaments.
Typical eye injuries
- Breaks or fractures of the bones surrounding the eye
- Superficial injuries The area surrounding the eye is very sensitive and bruises easily, making these injuries appear more severe than they are, but they are classed as minor injuries
- Lacerations or cuts
- Scratches
- Infection
- Chemical or radiation burns
What causes an eye injury?
1. At your place of work
Your employer is obliged to provide a safe workplace environment.
Eye injuries commonly arise in a working environment due to
- Dangerous machinery
- Machinery with a defect
- Tools with a defect
- An unsafe workplace environment
- A lack of eye safety equipment and protective gear
- A lack of safety training
- Poor lighting
- Hazardous chemicals making contact with the eyes
2. In a road traffic accident
Eye injuries often result from road traffic accidents.
The type and severity of the injury will differ depending on a multitude of factors.
Road traffic accidents are commonly caused by:
- Drink driving
- Driving while fatigued,
- Failure to wear a seatbelt
- Failure to stop at crossings
- Speeding
- These accidents can occur through all common forms of transport, including bikes and motorbikes
3. At a public location
Your eye injury may occur in a public place such as a hotel, supermarket or restaurant. Common causes are:
- Falling objects
- Flying objects, e.g., on a golf course
- Slippery floors
- Damaged or uneven paths
- Obstructions on the ground leading to falls
- Dangerous conditions on a business property
4. In a medical setting
Claims for eye injuries caused by medical negligence are handled differently.
A solicitor will need to initiate such claims, and the Injuries Board is not involved in the assessment.
Contexts in which such claims can arise include:
- Eye-related surgery, including laser eye and LASIK procedures
- Diabetic retinopathy
- Negligence in ophthalmology
- Handling of foreign bodies in the eye
- Surgery for cataracts
- Corneal abrasions
Examples of medical negligence by medical practitioners
- Misdiagnosis
- Failure to act or take notice of a medical issue
- Errors while performing surgery
- Falling below the requisite standard of care
- Misinterpreting test results
- Performing surgery without fully informed consent
- Failure to communicate the risks associated with a particular procedure
- Incorrect administration of drugs
- Performing surgery on the wrong area of the eye
Eye injury claim process
1. Contact our solicitor
Our eye injury claim solicitors are experienced in advising clients on how to make these claims.
Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.
2. The IRB Application
The next step is to apply to the Injuries Resolution Board (IRB).
If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through IRB.
Examples of claims that PIAB covers include:
3. Submitting documents to IRB
Your solicitor will obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.
4. Consent to assess the claim
Once the application is made, the IRB issues a formal notification of claim to the defendant(s).
The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then IRB will proceed to assess the claim.
If they decline to have the case assessed, the IRB will issue an Authorisation allowing the claimant to commence court proceedings.
5. Claim assessment time
If PIRB is assessing the claim, this will usually take about 9 months.
They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim.
If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay.
The Order to Pay has the same status as an Order of the Court and must be discharged by the defendant(s) within 10 days.
A settlement cheque will then be issued to the claimant.
If the Assessment is rejected by either party, PIRB will grant an Authorisation to bring court proceedings.
Eye injury compensation ranges
The Personal Injuries Guidelines 2021 set out the following indicative compensation ranges for eye injuries in Ireland:
- Minor eye injuries (full recovery expected): Approximately €5,500–€16,500. Injuries in this category include minor scratches to the cornea, temporary irritation or inflammation, or other injuries from which the claimant makes a complete recovery within a relatively short period.
- Moderate eye injuries (some permanent impairment): Approximately €16,500–€55,000. Injuries resulting in some loss of vision, double vision, or other lasting but partial impairment fall within this range.
- Serious eye injuries (significant vision loss): Approximately €55,000–€138,000. Injuries resulting in substantial and permanent loss of vision in one eye, or requiring surgical intervention and resulting in lasting impairment, fall in this range.
- Total loss of sight in one eye: Approximately €138,000–€182,500. The Guidelines provide a specific band for the loss of sight in one eye.
- Total loss of sight in both eyes: Approximately €218,000 and above. This is the most serious category and involves the most complex assessment of future needs and loss of earning capacity.
The actual amount, in any case, will depend on the nature and severity of the injury, the claimant’s age and circumstances, and any additional financial losses, such as loss of earnings and future care costs.
Frequently Asked Questions
What compensation is available for partial vision loss in Ireland?
The Personal Injuries Guidelines 2021 set out specific compensation ranges for eye injuries based on the extent and permanence of the vision loss.
For permanent partial vision loss in one eye, the applicable range depends on the degree of impairment, from significant but partial loss (approximately €55,000–€138,000) to total loss of sight in one eye (approximately €138,000–€182,500).
These are general damage bands for the injury itself.
In addition to general damages, a claimant with permanent partial vision loss may recover special damages, including loss of earnings, the cost of aids and assistive technology, and, where relevant, future care costs.
The total value of an eye injury claim, therefore, depends not only on the medical classification of the injury but on the claimant’s individual circumstances, occupation, and the financial impact of the vision loss on their life.
If my employer failed to provide adequate PPE and I suffered an eye injury, can I make a claim?
Yes. Employers have a statutory obligation under the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 to assess workplace risks and provide appropriate personal protective equipment where risks cannot be eliminated or controlled by other means.
Where the risk assessment identified eye injury as a foreseeable risk and adequate eye protection was not provided, or where adequate PPE was provided but was not suitable for the task, and a worker sustained an eye injury as a result, a personal injury claim may be available against the employer.
A Health and Safety Authority (HSA) investigation report and the employer’s written risk assessments are key documents in workplace eye injury claims.
Witness evidence from colleagues about PPE practices may also be relevant. Our solicitors can advise on the prospects of a workplace eye injury claim in your specific circumstances.
What medical evidence is needed to support an eye injury claim?
The medical evidence in an eye injury claim typically includes:
- The initial hospital or GP records documenting the injury,
- Treatment provided, and the initial clinical findings;
- A report from a consultant ophthalmologist (a specialist eye surgeon) assessing the nature and extent of the injury,
- Its prognosis, and any residual impairment; and,
- Where applicable, records from any ongoing treatment or surgery.
Where vision loss is permanent and affects the claimant’s ability to work, a vocational assessment may also be required to document the occupational impact.
The ophthalmologist’s report is the central piece of medical evidence and will classify the injury by reference to measurable outcomes, such as visual acuity, visual field, and any functional limitations.
Our solicitors coordinate the medical evidence process and can advise on what evidence is required at each stage of the claim.
