Eye Injury Workers’ Compensation Claims

Helping Illinois Workers Recover Benefits for Job-Related Eye Injuries

No matter what industry you work in, there is always a risk of injury in the course of your duties. Illinois workers who suffer from eye injuries could suffer significant losses from medical costs and missed time at work. Fortunately, you can apply for eye injury workers’ compensation to pursue benefits through your employer’s insurance company.

At IL Work Injury Lawyer, our attorneys know what it takes to secure compensation and file appeals for denied claims. Our Chicago-based workers’ compensation law firm can represent clients throughout Illinois. 

Why Choose IL Work Injury Lawyer

Navigating the workers’ compensation system can be complicated. You need an experienced law firm with a strong reputation to have the best chance of earning fair benefits.

Our top-rated team is recognized among the top 5% of attorneys by Super Lawyers. We also maintain an A+ grade from the Better Business Bureau. 

What Are the Most Common Causes of Eye Injury at Work in Illinois?

The Occupational Safety and Health Administration has specific personal protection equipment standards to prevent eye injuries in workplaces. 29 CFR 1910.133 includes requirements for employers to provide proper eye protection for all employees who may face eye injury dangers. There must also be side protection if the work involves flying objects. 

Here are some of the most common causes of workplace eye injuries:

• Flying debris
• Exposure to hazardous chemicals
• Welding arc flashes
• Blunt force trauma
• Saw blades
• Explosions
• Foreign object penetration

What Eye Injuries Qualify for Workers’ Compensation in Illinois?

A workers’ compensation claim may cover many eye diseases and injuries. However, the injured victim must be classified as an employee, which can include full-time, part-time, seasonal, and temporary workers. The injury also must have occurred during the course of their job duties. 

Some common eye injuries that occur in Illinois work environments include:

• Blindness (partial or total)
• Permanent vision loss
• Corneal abrasions
• Retinal detachment
• Chemical burns
• Thermal burns
• Orbital fractures

How to File an Eye Injury Claim in Illinois

Many employees who have never been injured before are unsure of what to do after an incident. Following the right procedures will ensure you maintain eligibility for workers’ compensation benefits:

• Complete an injury report with your employer within 45 days
• Notify the employer as soon as possible
• Seek immediate medical care for diagnosis and treatment
• Stick to the follow-up care plan
• File your claim with the Illinois Workers’ Compensation Commission (IWCC), especially for appealing denied or insufficient claims 

What Workers’ Compensation Benefits Are Available in Eye Injury Cases?

Whether you suffer from a contaminated finger, permanent damage to your cornea, or chemical exposure, workers’ comp can provide significant financial compensation to cover your losses. Here are the primary benefits you can apply for from your employer’s insurance company.

Lost wages – You can typically recover up to 67% of your typical income for missing time at work because of a workplace injury.

Medical treatment costs – Any costs directly related to the diagnosis or treatment of conditions covered by workers’ comp. 

Temporary Partial Disability – If you must work at a reduced capacity, you can receive payments to cover the difference

Temporary Total Disability – Up to two-thirds of your usual wages while you are out of work

Permanent Partial Disability – Ongoing payments to make up for lost earnings due to reduced working capacity

Permanent Total Disability – Permanent disability benefits in the form of regular payments

Vocational rehabilitation expenses – If you must invest in training to learn a new role because of your injuries, workers’ comp benefits can cover these expenses

For eye injuries in Illinois, you can receive workers’ comp benefits for 150 weeks if the accident occurred before February 1, 2006, and 162 weeks if the injury occurred after this date. 

Example Workers’ Compensation Eye Injury Cases

In 2018, Raul was a tractor-trailer driver sleeping in the cab while his coworker operated the vehicle. The coworker drove off an embankment, causing a rollover crash. Raul suffered numerous injuries to his spinal cord, head, and face, including a hemorrhage in his left eye. A settlement of $5.5 million was reached in a workers’ compensation claim with the employer. 

In 2006, Jerry was opening boxes of champagne as part of his job as a liquor distributor. When he pulled out a bottle of champagne, it exploded in his hands, sending a shard of glass directly into his eye. Jerry sued multiple defendants for negligence, including the bottle manufacturer. These parties settled with him for an undisclosed amount, but Jerry also received $30,000 from the employer’s workers’ compensation insurance company. 

What Medical Treatment Is Covered for a Work-Related Eye Injury?

Your workers’ comp claim can cover numerous medical expenses. It is important to seek medical attention quickly after the accident to diagnose the injury and start a treatment plan. 

Potential medical expenses that workers’ compensation could reimburse include emergency care, surgeries, ophthalmologist visits, medications, assistive devices, rehabilitation, and home accessibility upgrades. 

How Does My Average Weekly Wage Affect Eye Injury Benefits?

Most injured workers can receive up to two-thirds of their weekly wages while they are out of work recovering from injuries. The average weekly wage (AWW) is calculated by adding the total actual earnings from the 52 weeks prior to the injury, then dividing that amount by 52.

This follows the regulations mentioned in state law 820 ILCS 305/10, which established pay rates for temporary disability benefits and permanent disability benefits. 

What If My Eye Injury Claim Is Disputed or Denied?

Under 820 ILCS 305/19, a worker whose claim is denied or insufficient to cover losses can appeal the decision with the Illinois Workers’ Compensation Commission. 

Common reasons why a workers’ comp claim may be denied include insufficient medical evidence, untimely reporting, disputes over whether the injury was related to work, and lack of testimony from medical professionals. 

Can I File a Third-Party Lawsuit for an Eye Injury at Work?

State law 735 ILCS 5/2-21 allows injured victims to pursue damages if a defective product causes their injuries. This product liability law may apply if your eye damage was caused by a malfunctioning piece of equipment at work, such as defective eyewear. 

Property owners must demonstrate reasonable care to make the premises safe under state law 740 ILCS 130/. Therefore, if the property owner’s negligence creates a dangerous hazard that causes your eye injury, they could be held liable. 

How Our Workers’ Comp Lawyers Can Help 

IL Work Injury Lawyer has the necessary experience to help you recover fair compensation for lost wages, medical bills related to recovery, disability, and other losses. Our legal services include:

• Comprehensive claim management (workers’ compensation and third-party lawsuits)
• Gathering evidence
• Working with medical experts
• Negotiating with insurance carriers
• Pursuing appeals
• Litigating in civil court if necessary

Book a Free Consultation 

Our firm works on a contingency fee basis. This means you owe nothing unless we win. Additionally, you can ask questions about the legal process during a free case evaluation. Our Chicago-based work injury attorneys can represent construction workers, office employees, and other working individuals throughout Illinois. 

Contact us today to schedule your free case evaluation with an expert work-related injury lawyer.