New York Labor Law Attorneys
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Each year, approximately 18,000 workers in the United States suffer job-related eye injuries that require time away from work, according to the U.S. Bureau of Labor Statistics. Thousands more experience eye irritation, vision loss, or occupational eye diseases caused by long-term workplace exposure. Fortunately, experts estimate that about 90% of workplace eye injuries are preventable with proper eye protection, safety training, and compliance with workplace safety standards.
As outlined below, this combination of serious injury and easy prevention often means that substantial compensation is available for these victims. In many cases, no-fault benefits are available which help families cope with the financial aspects of these serious injuries.
Additionally, due to the nature of these wounds, a New York workers’ compensation attorney might be able to obtain additional compensation for emotional distress and other non-economic losses.
Workplace injuries are either trauma injuries or occupational diseases. Eye injuries can occur in virtually every industry, including construction, manufacturing, healthcare, warehousing, laboratories, and office environments where prolonged computer use contributes to vision-related conditions.
Trauma injuries occur suddenly and without warning. Occupational diseases occur slowly over time. Eye problems are one of the rare times that the injury could be in either category.
Scraping and striking injuries are the most common kinds of work-related eye trauma injuries. According to OSHA, common causes of traumatic eye injuries include flying debris, falling objects, power tools, chemicals, dust, and inadequate personal protective equipment (PPE). It only takes a fraction of a second to blink and shield the eye from such injuries. Unfortunately, tiny projectiles like cement chips, dust, metal slivers, and wood chips fly at the eye and impact it in less than a fraction of a second. An inexpensive pair of safety glasses or goggles does not impair vision and serves as a force field that prevents such injuries. OSHA requires employers to provide appropriate eye and face protection whenever workers are exposed to hazards that could cause eye injuries. But many employers refuse to provide such safety gear. Other employers do not effectively communicate the need for such protective eyewear.
Power tools, mostly power saws, create most of these injuries. Grinding, welding, cutting, drilling, and demolition work also create significant risks for eye injuries from flying particles and sparks. Yet small particles can also be blown by the wind or dropped by other workers. Many people who are exposed to such secondary risks do not wear protective devices, mostly because their bosses do not require them to do so. There are other trauma injuries as well. Larger objects, like nails, penetrate the eye and cause permanent blindness in a heartbeat.
Workers in laboratories, manufacturing facilities, and industrial settings may also suffer eye injuries from hazardous chemicals, steam, molten materials, and ultraviolet radiation. Thermal and chemical burns, usually from a flame or chemical fumes, could cause similar injuries.
Healthcare workers, laboratory personnel, first responders, and others exposed to bodily fluids face an increased risk of infectious diseases entering through the eyes. Workers could contract various diseases through unprotected eyes, such as bird flu, COVID-19, hepatitis, and HIV. A single microscopic droplet could be sufficient. So could an unexpected blood splash.
White collar professionals are at risk for Computer Vision Syndrome. Computer Vision Syndrome, also known as Digital Eye Strain, has become increasingly common as more employees spend extended hours working on computers and digital devices.
Initial symptoms include headaches, eyestrain, and other effects which make it much harder to function at work, at home, or anywhere else.
More severe symptoms include permanent eye problems, like astigmatism and presbyopia (premature eye aging). Long-term screen exposure may also contribute to dry eyes, blurred vision, difficulty focusing, and chronic neck and shoulder pain. On a related note, workers who use computers all day often develop conditions like Carpal Tunnel Syndrome (CTS) and neck pain.
Prolonged wrist elevation collapses the carpal tunnel in the wrist, pinching the nerves which pass through it. Bending forward to look at the screen adversely affects the muscles in the neck. Fortunately, many of these workplace eye conditions are preventable through proper ergonomics, scheduled screen breaks, adequate lighting, and appropriate eye protection.
Workers' compensation provides no-fault benefits that help cover the financial impact of a work-related injury or occupational illness. In most cases, injured workers only need to show that their injury or condition arose out of and in the course of their employment. Because workers' compensation is a no-fault system, most employees are eligible for benefits regardless of who caused the accident, making it an essential source of financial support after a workplace eye injury.
In addition to covering medical care, workers' compensation may provide wage replacement benefits if your injury prevents you from working. In New York, eligible workers generally receive a portion of their average weekly wage while they recover from a temporary disability. This benefit can be especially important for conditions like Computer Vision Syndrome or Carpal Tunnel Syndrome (CTS), where rest, rehabilitation, or ongoing treatment may be necessary before returning to work.
Workers' compensation also covers necessary medical treatment related to your injury, from emergency care and ophthalmology appointments to surgery, prescription medications, vision rehabilitation, and follow-up care. In New York, injured workers generally have the right to choose an authorized treating physician, helping ensure they receive the care they need throughout their recovery.
Some workers have pre-existing vision conditions or underlying eye diseases that make them more susceptible to injury. However, a pre-existing condition does not automatically prevent you from receiving workers' compensation benefits. If a workplace accident or work-related exposure aggravates, accelerates, or worsens an existing condition, you may still be entitled to full benefits. An experienced attorney can help demonstrate that the workplace injury contributed to the condition rather than the condition being the sole cause of your symptoms.
Depending on the circumstances of the accident, additional compensation may also be available outside of workers' compensation. For example, if an employer or third party recklessly disregarded workplace safety or failed to provide required personal protective equipment (PPE), such as safety glasses, face shields, or protective goggles, injured workers may have additional legal options. An experienced workplace injury attorney can evaluate your case and determine every potential source of compensation available.
If you or a loved one suffered a workplace eye injury or developed an occupational eye disease because of unsafe working conditions, you may have legal options beyond simply covering your medical expenses. Whether your injury was caused by flying debris, hazardous chemicals, defective safety equipment, or an employer's failure to provide proper eye protection, it is important to understand your rights.
At Napoli Shkolnik, our attorneys have extensive experience representing injured workers throughout New York. We can help you navigate the workers' compensation process, investigate whether third-party liability may apply, and pursue the maximum compensation available for your injuries, lost wages, medical treatment, and other damages.
Your employer has a legal duty to provide a reasonably safe work environment and appropriate eye protection when workplace hazards exist. If you suffered a workplace injury or developed an occupational eye disease because of unsafe working conditions, you may be entitled to workers' compensation benefits and, in some cases, additional compensation.
For a free consultation with an experienced New York workplace injury attorney, contact Napoli Shkolnik today. Time limits apply to filing workers' compensation and personal injury claims, so do not wait to learn about your legal options.
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