Torrance Workplace Eye Injury Attorney
Every workplace in the Torrance area can present hazards to workers, some more obvious than others. While most people acknowledge the inherent risks of working in dangerous fields like construction and manufacturing, the reality is that severe and even life-changing injuries are possible in every type of workplace. Some of the most damaging workplace injuries reported in Torrance are eye injuries.
Legal Representation for Workplace Eye Injury Claims in Torrance
Any serious eye injury has the potential to result in blindness or a host of long-term or permanent complications with vision. When an eye injury can be treated and the victim’s vision preserved, recovery can be complex and painful. If you or a loved one recently suffered any type of workplace eye injury in Torrance, it is natural for the victim to wonder how they can recover and what type of long-term complications they could face from the injury.
Pratt Law Corporation has years of experience with Torrance workers’ compensation claims, including those pertaining to serious eye injuries. Virtually every employer must have workers’ compensation insurance, and as long as your injury happened while you were working, you have a right to file a claim in response to your eye injury. This process is more challenging than it may seem at first, and a Torrance workplace eye injury attorney is a valuable asset if you want to reach the best results possible.
Understanding Workers’ Compensation Claims in Torrance
The workers’ compensation system aims to serve as an essential support system for injured workers, and every state has different workers’ compensation laws that apply to all types of employers. For example, California requires all employers to have workers’ compensation insurance, even if the employer only has one employee. The employer’s insurance policy serves two important purposes when a workplace injury occurs. First, it provides the injured worker with compensation to help them recover in the form of medical expense coverage and disability benefits. Second, the employer is protected from civil liability for the employee’s injury.
If an employer does not have workers’ compensation insurance as required by state law, they face liability for the workers’ damages and penalties from the state. Unfortunately, not all Torrance-area employers uphold their legal responsibilities to their employees, and some even choose to interfere directly with their injured employees’ recovery efforts. For example, when an employer has several employees report injuries from work and claim workers’ compensation benefits in relatively rapid succession, their premium rate from the insurance company could increase. Some employers attempt to offset this by discouraging employees from filing claims, and some take it as far as direct retaliation.
When you have an experienced Torrance workplace eye injury attorney helping you recover, they can not only make the claim process easier and more likely to generate the results you hope to see, but they can also reduce the chances of encountering unfair resistance from the insurance carrier. Most insurance companies will do everything they can to minimize the amounts they pay claimants, often preying on claimants’ desperation in the face of mounting economic damages.
When you have reliable legal representation advising you, the workers’ compensation claim process is easier to approach with confidence. A Torrance workplace eye injury attorney can help you build a strong case demonstrating the full scope of the effects your injury has had and the level of financial support you will need to recover. In addition, if any disputes arise between you and your employer or their insurance carrier, your legal team will be able to respond on your behalf and determine the full breadth of the recovery options available to you.
Common Causes of Workplace Eye Injuries
Eye injuries can happen in various ways in all types of workplaces. However, a few of the most commonly reported causes of eye injuries in Torrance workplaces include:
- Irritating chemical exposure. If certain chemicals come into contact with the eyes, they can cause extreme harm. While some victims may only experience pain and irritation until they receive medical care, others could suffer a host of long-term or permanent complications from this type of eye injury.
- Acute physical trauma, such as a falling object or another impact that physically ruptures the eye. Victims could suffer fractures to the skull around the eye socket, and an eye severely damaged by physical trauma may not be treatable.
- Debris and foreign object intrusion into the eye. People who work in factories, machine shops, and other workplaces can face many risks of eye injury from flying pieces of debris. Small splinters and other debris can damage the structure of the eye and cause intense pain.
- “Flash burns” and eye damage from bright lights, such as welding arcs. Employees are required to wear eye protection at all times, and their employers must ensure all workers have the necessary equipment to do their jobs as safely as possible.
Whenever a person sustains an eye injury, the experience can be frightening, painful, and traumatic. The victim’s first thoughts are likely to revolve around the potential of losing sight in the affected eye, and unfortunately, many severe workplace eye injuries do result in strained vision or blindness.
Potential Vision Complications From an Eye Injury
Vision loss can be incredibly damaging in several ways. Depending on the severity of the victim’s condition, they may be unable to return to their job or even work at all in the future. If they have developed any permanent blindness, they may be unable to drive, handle basic everyday tasks, or live independently. In addition, even seemingly mild eye injuries can pose a host of complications to the victim, including visual distortions, headaches, and psychological effects from losing the ability to see as clearly as they did before their injuries.
Blindness is understandably the main concern among victims of workplace eye injuries in Torrance and throughout the state. Any eye injury has the potential to interfere with the victim’s vision, and fortunately, most of the reported eye injuries pertain to injury to one eye at a time. However, losing sight in one eye can still be disabling, interfering with depth perception and hand-eye coordination for a long time until the victim adjusts. If both eyes are affected, the victim could face dual-eye blindness or visual impairment at different levels in each of their eyes.
Ultimately, all eye injury cases involve some level of risk of permanent harm. Blindness may be the primary concern among those who sustain such injuries, but any eye injury can cause a wide range of problems for the victim. Their medical condition, in turn, can lead to expensive treatment bills and further economic strain if they are unable to work. Any workplace injury is likely to cause a very challenging situation that compounds very quickly. Unfortunately, this compels many victims to settle for much less than they deserve out of desperation. Some such victims may not be fully aware of the recovery options available to them outside of workers’ compensation.
Filing for Workers’ Compensation Benefits
If your employer upholds their legal responsibilities and maintains workers’ compensation insurance coverage as required, filing your claim for benefits will be similar to filing a claim for any other type of insurance coverage. The insurance carrier is legally required to process your claim in good faith; they are also legally bound by the terms of the policy in question. Unfortunately, many insurance companies rely on the average claimant’s ignorance of their rights and the desperation of their situation to compel them into accepting lowball settlements.
The process of filing a workers’ compensation claim in California is straightforward on paper yet complex in practice. First, the injured worker must prove their injury happened while they were performing their job duties. If they caused the injury themselves, they might still qualify for coverage as long as it was an honest mistake. However, if an employee caused their own eye injury because of horseplay at work, failure to adhere to workplace safety rules, or worked while under the influence of drugs or alcohol, they may be barred from receiving any compensation under the terms of their employer’s insurance policy.
Ideally, the injured worker will notify their supervisor of the injury as soon as possible and start their claim filing process immediately. Unfortunately, an injured worker typically has a very short time to file their claim for workers’ compensation benefits, and any delay in filing will inherently cast some measure of doubt on the claim’s validity. In addition to timely filing, you must also prepare for a medical examination with a local workers’ compensation physician.
You can see any available doctor if you suffer an acute traumatic injury and need immediate medical attention, but if you intend to file a claim for workers’ compensation benefits, it is likely that the insurance company will require you to visit one of their approved physicians. This doctor’s job will be to evaluate your condition and determine the scope of the injury’s effects on you. Then, the workers’ compensation doctor will assign a disability rating that measures your residual functional capacity and level of impairment resulting from the injury. The higher your rating, the more you can receive in benefits, and those benefits will likely continue longer as well.
Benefits Available for Workplace Eye Injury Claimants
Once you have completed your medical examination and the other preliminary requirements of your case, the insurance company will deliver their determination of benefits. The average injured worker should expect their employer’s insurance company to cover the full range of medical expenses they face after the injury. The claimant can expect compensation for all the medical treatment necessary for recovering as fully as medically possible and managing their symptoms until they reach maximum medical improvement.
Disability benefits are also awarded to claimants left unable to work because of their injuries. Most claimants will qualify for temporary disability, which will award up to two-thirds of their average weekly wages until they recover as fully as possible. For example, if your eye injury is disabling but does not prevent you from working entirely, you could qualify for partial disability benefits. With this type of benefits arrangement, you can continue working as much as you can, and your partial disability benefits can offset any loss in income resulting from your injury. However, you will need to regularly report your earnings and medical updates to the insurance company, and the benefits you receive may reduce as your condition improves.
Filing a Personal Injury Claim for a Workplace Eye Injury Accident
Workers’ compensation benefits can be an invaluable lifeline after suffering a debilitating eye injury at work. However, if a specific party caused your injury, or if the injury was the result of any intentional misconduct or willful harmful act against you, workers’ compensation may only be the first phase of your total recovery. While workers’ compensation insurance typically shields employers from liability for workplace injuries, there are exceptions to this rule, and it is possible that you could have grounds for legal action against a party outside of your workplace.
If any third party is responsible for your injury, a Torrance workplace eye injury attorney is the best asset to have on your side for holding them accountable. Once you secure as much of a recovery as you can through a workers’ compensation claim, you can proceed with a third-party personal injury suit against whoever caused your injury. This could allow you to secure compensation for damages that workers’ compensation won’t cover, such as the pain and suffering you experienced.
Find Your Legal Representative in Torrance Today
The Pratt Law Corporation has assisted many injured workers in the Torrance area with complex workers’ compensation claims and related personal injury cases. We know how to guide our client through the workers’ compensation claim process, resolve conflicts with difficult insurance company representatives, and identify all possible channels of recovery that may be open to our client.
If you or a loved one is struggling with an eye injury and faces uncertainty regarding your medical and financial future, we can help. Contact the Pratt Law Corporation today and schedule a consultation with a Torrance workplace eye injury attorney to find out how our firm can make your recovery easier.