Chicago Workers’ Compensation Lawyers for Eye Injuries at Work

A workplace eye injury can change your life in an instant. One flying metal shard on a Chicago construction site near the Dan Ryan Expressway, one chemical splash in a South Side manufacturing plant, or one moment without proper protective eyewear can cost you your vision permanently. If you suffered an eye injury at work in Chicago or anywhere in Illinois, you have legal rights under state law, and Briskman Briskman & Greenberg is here to help you protect them. As a Chicago personal injury lawyer firm with deep roots in Illinois workers’ compensation law, we understand what injured workers are up against, and we fight to get them every benefit the law allows.

Table of Contents

• How Common Are Eye Injuries at Work, and Who Is Most at Risk in Chicago?
• What Types of Eye Injuries Qualify for Workers’ Compensation Benefits in Illinois?
• What Benefits Does Illinois Law Provide for a Work-Related Eye Injury?
• What Are Your Employer’s Legal Obligations to Protect Your Eyes at Work?
• Why Hiring a Chicago Workers’ Compensation Lawyer for an Eye Injury Matters
• FAQs About Chicago Workers’ Compensation for Eye Injuries at Work

How Common Are Eye Injuries at Work, and Who Is Most at Risk in Chicago?

According to the U.S. Bureau of Labor Statistics, nearly 20,000 eye injuries occur in the workplace each year, and they often require one or more missed workdays for recovery. That number represents real people, many of them workers right here in Chicago, who went to work and came home with a life-altering injury.

More than 40 percent of eye injuries studied by the Bureau of Labor Statistics occurred among craft workers, like mechanics, repairers, carpenters, and plumbers. Chicago has a large population of exactly these workers, from the ironworkers raising steel along the lakefront to the carpenters finishing interiors in the Loop and the welders working in industrial corridors on the city’s West Side.

The Bureau of Labor Statistics found that almost 70 percent of the accidents studied resulted from flying or falling objects or sparks striking the eye. Contact with chemicals caused one-fifth of the injuries. These are not freak accidents. They are predictable, recurring events in industries that operate every day across Cook County.

The BLS reports that nearly three out of every five workers injured were not wearing eye protection at the time of the accident. When an employer fails to provide or enforce proper personal protective equipment, that failure can matter enormously to your workers’ compensation claim and to any additional legal claims you may have.

Workplace eye injuries cost an estimated $300 million per year in workers’ compensation, medical treatment, and lost productivity, according to the Occupational Safety and Health Administration (OSHA). Behind every dollar in that figure is a worker who lost time, income, and in some cases, permanent vision.

What Types of Eye Injuries Qualify for Workers’ Compensation Benefits in Illinois?

Illinois workers’ compensation covers a broad range of eye injuries, from temporary irritation to total, permanent vision loss. The key requirement under the workers’ compensation system is that the injury must arise out of and in the course of your employment, as defined under Section 2 of the Illinois Workers’ Compensation Act, 820 ILCS 305.

Common qualifying eye injuries include corneal abrasions from flying debris, chemical burns from industrial solvents or cleaning agents, thermal burns from welding arcs or sparks, foreign body penetration (such as metal shards or wood splinters), blunt trauma from machinery or falling objects, and radiation-related damage from UV light or laser exposure. Each of these can happen in a matter of seconds and leave lasting damage.

Occupational eye injuries can range from corneal abrasions to vision-threatening open-globe injuries. Open-globe injuries, where the wall of the eye is ruptured, are among the most severe and can result in total loss of the eye. Workers in Chicago’s steel mills, factories along the Calumet River corridor, and construction sites throughout the metropolitan area face these risks daily.

Eye injuries caused by chemical exposure, including those tied to toxic substance contact, may also fall under the Illinois Workers’ Occupational Diseases Act, 820 ILCS 310, if the damage developed gradually over time through repeated workplace exposure rather than a single incident. The law defines an occupational disease as one arising out of a risk peculiar to or increased by the employment, which can include chronic chemical exposure affecting your vision.

Disfigurement around the eye area may also entitle you to additional compensation. Under Section 8(c) of the Illinois Workers’ Compensation Act, 820 ILCS 305/8(c), serious and permanent disfigurement to the face and head can result in compensation of up to 162 weeks at the applicable compensation rate.

What Benefits Does Illinois Law Provide for a Work-Related Eye Injury?

Illinois law provides specific, scheduled benefits for eye injuries under Section 8(e) of the Illinois Workers’ Compensation Act, 820 ILCS 305/8(e). The schedule assigns a set number of weeks of compensation to the loss of specific body parts, and the eye has its own defined value under that schedule.

For injuries occurring on or after February 1, 2006, the loss of an eye is compensated at 162 weeks of benefits. If the injury results in the surgical removal of the eye (enucleation), an additional 11 weeks of compensation is paid on top of that base amount. These are significant benefits that reflect how serious the legislature considers the permanent loss of vision.

The compensation rate for permanent partial disability under the schedule is equal to 60 percent of your average weekly wage, as calculated under Section 10 of the Illinois Workers’ Compensation Act. The minimum rate cannot fall below two-thirds of the applicable federal or Illinois minimum wage multiplied by 40 hours, whichever is greater, under the Fair Labor Standards Act or the Illinois Minimum Wage Law.

Beyond scheduled benefits, Section 8(a) of the Illinois Workers’ Compensation Act, 820 ILCS 305/8(a), requires your employer to pay all necessary and reasonable medical expenses related to your eye injury. That includes emergency care, specialist visits with ophthalmologists, surgery, medications, and follow-up treatment. Your employer must also cover vocational rehabilitation if your injury prevents you from returning to your prior job.

If you are unable to work while recovering, you may be entitled to temporary total disability benefits, which are paid at two-thirds of your average weekly wage. If you can work in a limited capacity, temporary partial disability benefits may apply. These protections exist so that a workplace eye injury does not also become a financial disaster for your family.

What Are Your Employer’s Legal Obligations to Protect Your Eyes at Work?

Employers in Illinois have clear legal duties to protect workers from eye hazards. These obligations come from both federal OSHA standards and Illinois law, and a violation of either can be critical evidence in your workers’ compensation or third-party personal injury claim.

Under 29 CFR Part 1926, OSHA’s construction industry standards, employers must provide eye and face protection when workers are exposed to eye hazards. OSHA mandates employers to provide ocular protection against chemical, environmental, radiologic, or mechanical hazards, and both federal and state-level regulations require the availability of emergency eyewash and shower facilities in the event of an injury.

The specific type of protection required depends on the hazard. Safety glasses with side shields, chemical splash goggles, face shields, and welding helmets with appropriate filter lenses are all required in different workplace settings. Under 29 CFR Part 1926, protective eye and face devices must comply with ANSI/ISEA Z87.1 standards. For workers who wear prescription lenses, OSHA requires that employers provide protective eyewear that incorporates the prescription or fits over the prescription lenses without compromising either set.

When an employer skips these requirements to cut costs or simply ignores safety rules, workers pay the price. Occupational eye injuries frequently occur in the absence of eye protection, and the use of protective eyewear is effective in reducing them. If your employer failed to provide required equipment, failed to train you on its use, or failed to enforce safety rules, that conduct matters to your claim.

It is also worth noting that under Illinois law, the State Treasurer must be named as a party in any workers’ compensation proceeding involving the permanent and complete loss of use of one eye, as provided in the Illinois Workers’ Compensation Act, 820 ILCS 305. This procedural requirement underscores how seriously Illinois law treats permanent eye loss claims.

Why Hiring a Chicago Workers’ Compensation Lawyer for an Eye Injury Matters

Eye injury claims are among the most contested in Illinois workers’ compensation. Employers and their insurance carriers often dispute the extent of vision loss, argue that a pre-existing condition caused the damage, or challenge whether the injury truly arose from work. Having an experienced attorney in your corner makes a measurable difference in the outcome of your claim.

At Briskman Briskman & Greenberg, we handle workers’ compensation claims for injured workers across the Chicago area, including those working in neighborhoods from Pilsen to Pullman, from the Near North Side to the industrial parks of Cicero and Berwyn. Whether your injury happened on a construction site near O’Hare, in a manufacturing facility along the Chicago Sanitary and Ship Canal, or in a warehouse in the suburbs, we are ready to represent you.

A skilled workers’ compensation lawyer will gather medical records, consult with ophthalmology experts, document your lost wages, and build a complete picture of how your eye injury has affected your ability to work and live. We also evaluate whether a third party, such as a negligent equipment manufacturer or a subcontractor on a shared job site, may bear liability beyond the workers’ compensation system. That kind of third-party claim can result in additional compensation that workers’ compensation alone does not provide.

Attorney fees in Illinois workers’ compensation cases are regulated by the Illinois Workers’ Compensation Act, 820 ILCS 305. In most contested cases, attorney fees do not exceed 20 percent of the compensation awarded, and fees are paid from your recovery, not out of pocket. You pay nothing unless your attorney recovers compensation for you. If you are located outside of Chicago, a workers’ compensation lawyer in Des Plaines, an workers’ compensation lawyer in Elgin, or a workers’ compensation lawyer in Springfield can also help you pursue your claim through the Illinois Workers’ Compensation Commission.

Do not wait to act. Under Section 6 of the Illinois Workers’ Compensation Act, 820 ILCS 305/6, you generally have three years from the date of your injury to file a claim with the Illinois Workers’ Compensation Commission, or two years from the date of your last payment of compensation, whichever is later. Missing that deadline can cost you your right to any benefits at all. Call Briskman Briskman & Greenberg today at (312) 222-0010 for a free consultation. Our firm is located at 29 S. LaSalle Street, Suite 1010, Chicago, IL 60603.

FAQs About Chicago Workers’ Compensation for Eye Injuries at Work

Can I receive workers’ compensation if I only partially lost vision in one eye due to a workplace accident?

Yes. Under Section 8(e) of the Illinois Workers’ Compensation Act, 820 ILCS 305/8(e), partial loss of use of an eye is compensated on a proportional basis. If an ophthalmologist determines you lost, for example, 50 percent of the use of one eye, you would be entitled to 50 percent of the 162-week scheduled benefit for that eye. The compensation rate is calculated at 60 percent of your average weekly wage. You do not have to suffer a total loss of vision to qualify for permanent partial disability benefits.

What should I do immediately after suffering an eye injury at a Chicago worksite?

Report the injury to your employer as soon as possible and seek medical attention right away. Delaying treatment can worsen the injury and may complicate your workers’ compensation claim. Your employer is required to provide and pay for all necessary medical care under Section 8(a) of the Illinois Workers’ Compensation Act. Document the scene if you can, note whether safety equipment was available, and write down the names of any witnesses. Then contact a workers’ compensation attorney before giving any recorded statements to your employer’s insurance company.

Can my employer retaliate against me for filing a workers’ compensation claim after an eye injury?

No. Illinois law prohibits employers from retaliating against employees for filing or pursuing a workers’ compensation claim. If your employer demotes you, cuts your hours, or fires you because you filed a claim, that is illegal under the Illinois Workers’ Compensation Act. You may have a separate legal claim for retaliatory discharge in addition to your workers’ compensation benefits. If you believe your employer is retaliating against you, contact an attorney immediately to protect your rights.

What if a defective piece of equipment caused my eye injury at work?

If a defective tool, machine, or piece of safety equipment caused or contributed to your eye injury, you may have a third-party product liability claim against the manufacturer or distributor in addition to your workers’ compensation claim. Workers’ compensation covers your medical bills and a portion of your lost wages, but a third-party claim can also recover compensation for pain and suffering, full lost wages, and other damages that workers’ compensation does not provide. These two types of claims can be pursued at the same time, and an attorney can help you evaluate both.

Does workers’ compensation cover ongoing eye care and future treatment after a work injury?

Yes. Under Section 8(a) of the Illinois Workers’ Compensation Act, 820 ILCS 305/8(a), your employer is responsible for all medical care that is reasonably required to cure or relieve you from the effects of your work-related eye injury. That includes not just initial emergency treatment but also follow-up visits, corrective lenses, surgery, and any future care tied to the injury. If your condition worsens over time, you may be entitled to additional medical benefits and a modification of your compensation award. An attorney can help you make sure your long-term medical needs are fully accounted for in any settlement or award.

This page is an advertisement for legal services. Briskman Briskman & Greenberg is responsible for this content. Past results do not guarantee similar outcomes in future cases. Viewing this content does not create an attorney-client relationship. If you have a legal matter, please contact our office directly. Briskman Briskman & Greenberg, 29 S. LaSalle Street, Suite 1010, Chicago, IL 60603. Phone: (312) 222-0010.

More Resources About Workplace Accident Types

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