Jacksonville Workers’ Compensation Eye Injury Settlements

The Bureau of Labor Statistics reported 15,730 occupational eye injuries resulting in lost work days in 2020 in the United States. If you sustain an eye injury at work, you may qualify for workers’ compensation benefits.

Horton & Mendez, Injury & Car Accident Attorneys, explains workers’ comp eye injury settlements and how our Jacksonville workers’ compensation lawyers advocate for injured workers.

Frequent Causes of Eye Injuries in the Workplace

Common causes of eye injuries in the NC workplace include:

• Machine and tool malfunction, mishandling
• Blunt trauma, penetrating objects
• Flying glass or metal, or other foreign material in the eye
• Chemical burns, thermal burns, radiation
• Motor vehicle accidents, industrial equipment accidents
• Bloodborne pathogens that transmit disease through the eye

A lack of personal protective equipment, understaffing, inadequate safety protocols, and poor training can contribute to eye injury and disease in the workplace.

Types of Eye Injuries Covered by NC Workers’ Comp

Examples of eye injuries that may qualify for NC workers’ comp include:

Corneal abrasion: Laceration of the outer layer of the eye, which may result in pain, blurred vision, and a reddish appearance

Chemical burn: Can cause severe harm, including blindness

Orbital fracture: Broken bones surrounding the eye, which may cause facial deformities, impaired vision, and pain

Open globe injury: Full-thickness trauma to the eye wall, usually from blunt or penetrating trauma

Penetrating injury: Puncture or laceration of the eye, which may cause significant vision loss

Subconjunctival hemorrhage: Bleeding in the eye due to a burst blood vessel

Hyphema: Blood pooling in the anterior chamber of the eye

Blindness: Full or partial loss of vision due to trauma, exposure to substances, damage to the optic nerve, or occupational disease

Frequent workplace eye injuries, as reported by the BLS, include open wounds, cuts and lacerations, surface wounds, bruises, and corrosion wounds.

How Eye Injury Settlements Are Calculated in North Carolina

Eye injury settlements in North Carolina depend on several factors:

• The cost to diagnose and treat your eye injury
• Your income before injury
• Whether you may benefit from vocational rehabilitation
• Cost to replace broken eyeglasses, if incidental to injury
• Whether you qualify for permanent, total disability under N.C.G.S. § 97-29(d)
• The extent of loss of the eye or loss of use of the eye
• Serious, facial disfigurement if the loss of an eye can’t be fitted with an artificial eye

There are three main categories of workers’ compensation benefits in Jacksonville, NC: medical benefits, lost wages (Temporary Total Disability and Temporary Partial Disability), and disability compensation. Your qualification for benefits in all categories may be considered in an eye injury settlement amount.

Vision Loss, Permanent Damage, & Long-Term Compensation

North Carolina workers’ compensation law provides detailed coverage for eye injuries. Specific sections of the law address eye injuries, which can influence your compensation for vision loss, permanent damage, and long-term benefits.

Weeks of compensation

Compensation for the loss of use of the eye is typically calculated at 66 2/3% of the person’s average weekly wage before the injury, for a duration of 120 weeks. The loss of use of the eye is treated in the same way as the complete loss of an eye. Payment for loss of an eye may be proportional to the extent of the loss, but any loss that is 85% or greater is considered total loss according to N.C.G.S. § 97-31(19).

Permanent, total disability

Loss of both eyes qualifies the injured worker for lifetime compensation as permanent, total disability. Even if the person returns to work, their entitlement to medical benefits may continue (N.C.G.S. § 97-29(d), § 97-31(17)).

Miscellaneous compensation

Compensation may be provided for the enucleation of the eye that cannot be fitted with an artificial eye, with a maximum amount of $20,000 (N.C.G.S. § 97-31(21)). Additionally, epitheliomatous cancer or corneal surface ulceration can be considered an occupational disease if it results from specific listed substances (N.C.G.S. § 97-53(14)).

Documentation Needed for a Strong Eye Injury Claim

A strong claim for an eye injury at work proves that you deserve compensation and what that compensation should be. Documentation needed for your claim may include:

• Report of your workplace injury to your employer
• Records from emergency or urgent care
• Form 18 preserving your right to benefits
• Medical information about your diagnosis
• The appropriate treatment, including surgery
• Extent of permanent vision loss
• Medical information showing the harm is related to a workplace injury by accident
• Previous medical records, if needed, to refute allegations of a pre-existing condition
• Employment and wage information
• Personal information regarding vocational qualifications and ability to work
• Job duties and how they relate to the injury, including whether duties can be modified

The information needed for a strong eye injury workers’ compensation settlement amount varies from case to case. Our lawyers can help you gather the information you need and build a strong case.

What To Do If Your Eye Injury Claim Is Denied

If your eye injury claim is denied, you can appeal your case to the North Carolina Industrial Commission for a hearing. After filing Form 18, which protects your right to benefits, you may file Form 33, Request That Claim Be Assigned for Hearing. In most cases, you will have the opportunity to mediate and negotiate possible resolutions.

To ensure your claim is successful, it is essential to gather strong evidence. Start by reviewing the reasons for the denial, as this can provide helpful insights. You might be able to provide more information to clarify disputes or address missing records. In some cases, it may be necessary to take your case to a hearing. Having strong medical evidence is crucial to proving the extent of the injury and demonstrating that it is work-related. An attorney can assist you in building the evidence and effectively presenting your case.

How a Jacksonville Workers’ Compensation Lawyer Can Maximize Your Eye Injury Settlement

At Horton & Mendez, Injury & Car Accident Attorneys, we represent clients in claims for workers’ compensation eye injury settlements. We understand the steps necessary to assist injured workers. We know how insurance companies often deny good claims, and we know how to effectively fight back. Our team can represent you at any stage of your case. As experienced lawyers, we identify the factors that may be especially important, offer legal advice, and advocate on your behalf.

Our lawyers are taking new cases now for Jacksonville, NC, workers’ compensation injury settlement claims. If you’ve been injured at work, call or message us now.