Protecting Your Vision and Your Rights
A sudden eye injury can change your life in a split second, leaving you with permanent vision loss, chronic pain, and the inability to return to your job. Whether it was a flying shard of metal, a chemical splash, or a blunt force trauma on a Buffalo construction site, you shouldn’t have to navigate the medical and legal aftermath alone. At Lewis & Lewis, P.C., our Buffalo eye injury lawyers provide the aggressive representation needed to secure the compensation you deserve.
If you have suffered an eye injury while working in Western New York, you may be entitled to significant workers’ compensation benefits, including medical care and a lump-sum award for permanent impairment.
Lewis & Lewis, P.C. specializes in eye injury claims, ensuring your vision and your livelihood are protected. Call our Buffalo office at (716) 854-2100 today for a free, no-obligation case review.
Do I Need a Buffalo Lawyer for a Workplace Eye Injury?
Yes, hiring a lawyer is critical because eye injuries often involve complex “Schedule Loss of Use” (SLU) calculations that insurance companies frequently try to undervalue. An experienced Buffalo attorney ensures your medical exams accurately reflect your vision loss and that you receive the maximum settlement allowed under New York law.
At Lewis & Lewis, P.C., we understand that eye injuries are among the most sensitive and technical claims in the workers’ compensation system. Unlike a broken bone, vision loss isn’t always obvious on an X-ray. It requires specialized ophthalmological testing.
We work with top eye specialists in Buffalo to document the full extent of your damage—whether it’s a detached retina, corneal abrasion, or permanent blindness—to ensure your claim isn’t dismissed as a minor incident.
How Do I File a Workers’ Comp Claim for Vision Loss in New York?
To file a claim for vision loss, you must first report the injury to your employer in writing within 30 days and seek immediate medical attention from a state-authorized eye specialist. You then must file Form C-3 with the Workers’ Compensation Board to officially start your legal request for benefits.
In Buffalo, the procedural steps are vital. Many workers wait too long to report a “small” scratch that later leads to a severe infection or vision decline. Our legal team, led by Emily Janicz, handles the entire filing process for you.
We ensure that your “date of disablement” is established correctly and that you meet the strict two-year statute of limitations for filing. We represent you at every hearing in the Buffalo District Office, fighting against insurance carriers who might claim your vision loss was a pre-existing condition.
What is the Settlement Value for an Eye Injury in Buffalo?
Under New York law, a 100% loss of use of an eye is worth 160 weeks of compensation, and your specific award is calculated as a percentage of that total based on your average weekly wage. This “Schedule Loss of Use” (SLU) award is paid even if you never missed a day of work.
For example, if a medical examiner determines you have a 25% permanent loss of vision in one eye, you would be entitled to 40 weeks of compensation (25% of 160 weeks). At Lewis & Lewis, P.C., our job is to ensure the insurance company’s doctor doesn’t “lowball” your percentage.
We advocate for Independent Medical Examinations (IMEs) that truly reflect how the injury affects your ability to work and live. We also secure coverage for ongoing costs, such as corrective lenses, surgeries, and specialized medical equipment.
Can I Sue a Third Party for My Eye Injury in Buffalo?
While workers’ compensation prevents you from suing your employer, you can file a separate personal injury lawsuit against a “third party”, such as a tool manufacturer, a negligent subcontractor, or a chemical supplier, if their negligence caused your eye injury. These lawsuits can provide additional compensation for pain and suffering.
Buffalo’s industrial and construction sectors often involve multiple companies working on a single site. If a defective safety goggle failed or a subcontractor’s negligence led to a chemical explosion, you may have a third-party claim. These cases are powerful because, unlike workers’ comp, they allow you to recover damages for emotional distress and loss of enjoyment of life.
Lewis & Lewis, P.C. investigates every accident to identify all possible sources of recovery, maximizing the total financial support for your family. Contact us for a free case evaluation.
Ask Lewis & Lewis
What are the most common causes of workplace eye injuries in Buffalo?
Western New York workers often suffer eye injuries due to flying debris (metal slivers, wood chips), chemical splashes in manufacturing plants, and blunt force trauma from falling objects on construction sites. We also see many cases involving thermal burns from welding and radiation exposure. Regardless of the cause, if it happened during the scope of your employment, you are eligible for benefits.
Does workers’ comp pay for high-end prosthetic eyes or specialized surgery?
Yes. New York workers’ compensation is required to cover all “necessary and reasonable” medical treatments. This includes reconstructive surgeries, prosthetic eyes, and the highest quality of care from specialists. Our firm ensures that the insurance carrier does not force you into a “cheaper” medical option that doesn’t provide the best possible outcome for your health.
What if I already had bad vision before my work accident?
You can still recover benefits. New York law protects workers who have a “pre-existing” condition that is aggravated or worsened by a work accident. If you had 20/40 vision and the accident left you with 20/100, the insurance company is liable for the difference caused by the workplace incident. We specialize in proving this “material aggravation” to get you the settlement you deserve.
Can I get a settlement if my eye injury caused facial scarring?
Yes. New York Workers’ Compensation Law Section 15(3)(t) allows for a separate award for “serious facial disfigurement.” If your eye injury involved a cut or trauma that left a permanent scar on your face or neck, we can pursue an additional lump-sum payment of up to $20,000, depending on the severity and location of the scar.
Common Eye Injuries We Handle in Western New York
Eye injuries are diverse and require a lawyer who understands the medical terminology and long-term prognosis of each condition. Lewis & Lewis, P.C. has a proven track record of handling high-stakes vision loss cases in Buffalo, Depew, and Niagara Falls.
- Retinal Detachments: Often caused by blunt force, this is a medical emergency that requires immediate surgery and can lead to permanent blindness if not handled correctly.
- Chemical and Thermal Burns: Common in Buffalo’s industrial plants, these injuries can lead to scarring of the cornea and chronic pain.
- Penetrating Injuries: Shards of metal or glass can pierce the eyeball, leading to complex surgeries and high SLU percentages.
- Corneal Abrasions: While common, a deep scratch can lead to permanent “clouding” of vision and light sensitivity.
- Secondary Conditions: We also help clients suffering from “Sympathetic Ophthalmia,” where an injury to one eye leads to autoimmune damage in the other.
Why Experience Matters in Buffalo Eye Injury Cases
Choosing a local Buffalo firm like Lewis & Lewis, P.C. gives you a distinct advantage. We know the doctors at the Ross Eye Institute and the local Workers’ Comp judges who will decide your case.
- Local Knowledge: We understand the safety protocols (or lack thereof) at major Buffalo employers and construction firms.
- Dedicated Support: Emily Janicz and our entire legal team are available to answer your questions—you aren’t just a case number to us.
- No Fee Unless We Win: We operate on a 100% contingency basis. We only take a fee if we successfully win your award, and that fee is set by the state, not us.
- Statewide Reputation: While we are based in Buffalo, our reputation for handling complex SLU cases is known throughout the New York Workers’ Compensation Board.
Frequently Asked Questions
How long does an eye injury settlement take in New York?
Settlements usually occur once you reach “Maximum Medical Improvement” (MMI). This is the point where your vision is no longer expected to improve with further treatment—usually 6 to 12 months after the injury. Once MMI is reached, we move quickly to schedule the necessary exams and hearings to finalize your lump-sum award.
Can I be fired for filing an eye injury claim?
No. Section 120 of the New York Workers’ Compensation Law makes it illegal for an employer to fire or discriminate against you for filing a claim. If you feel you are being treated differently after your accident, our attorneys will step in to protect your employment rights alongside your injury claim.
What if I was at fault for the accident, like not wearing my goggles?
You are still covered. Workers’ compensation is a “no-fault” system. Even if you made a mistake or forgot your PPE (Personal Protective Equipment), you are entitled to medical care and financial benefits. The only exceptions are if you were intoxicated or intentionally tried to hurt yourself.
How do I know if I have a permanent “loss of use”?
If your vision is not exactly the same as it was the day before the accident, you likely have a permanent loss of use. Even minor changes in peripheral vision, light sensitivity, or focus qualify for a percentage of the 160-week schedule. We recommend a full evaluation by a specialized ophthalmologist to confirm.
What is the “waiting period” for eye injuries in NY?
For most workers’ comp claims, there is a 7-day waiting period for lost wage benefits. However, for “Schedule Loss of Use” (SLU) awards—which most eye injuries are—there is no waiting period to qualify for the eventual lump-sum payment. You can receive your medical treatment immediately from day one.
Don’t Let the Insurance Company Blindside You
The insurance adjusters work for the company, not for you. Their goal is to close your case as cheaply as possible. Our goal is to ensure you have the resources to care for your vision for the rest of your life.
Our Western New York Locations:
- Buffalo Office: 37 Franklin St Suite 800, Buffalo, NY 14202 | (716) 854-2100
- Depew: 430 Dick Rd, Depew, NY 14043 | (716) 854-2100
- Niagara Falls: 8803 Niagara Fls Blvd, Niagara Falls, NY 14304 | (716) 284-7126
- Olean: 174 N Union St, Olean, NY 14760 | (716) 372-1890
- Batavia: 8318 Park Rd, Batavia, NY 14020 | (585) 343-3218
- Jamestown: 413 N Main St, Jamestown, NY 14701 | (716) 664-7354
Take Control of Your Recovery Today
At Lewis & Lewis, P.C., we have spent decades standing up for the hard-working people of Buffalo. If an eye injury has put your future at risk, let us handle the legal battle while you focus on your health.
Call us at (716) 854-2100 or contact us online to schedule your free consultation. We are ready to fight for your vision and your future.
Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location
Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987
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Satisfied Client Stories
”I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid.
Fred T.Kenmore, NY - Steam Fitter