Navigating Arizona Workers’ Comp for Eye Injuries and Vision Loss
Our eyesight is arguably our most vital sense, essential for almost every occupation. When a workplace accident damages your eyes or causes vision loss, the fear of permanent blindness and the sudden inability to perform your job can be paralyzing. At Arizona’s Work Injury Firm, we help workers who have suffered catastrophic eye injuries—from chemical splashes and foreign object punctures to severe blunt force trauma—secure the benefits they desperately need.
Understanding how the Arizona workers’ compensation system evaluates and compensates for eye injuries is crucial for protecting your future. Unlike some injuries that are open to broad interpretation, eye injuries are treated very specifically under Arizona law.
Eye Injuries as “Scheduled” Impairments
In the Arizona workers’ compensation system, permanent injuries are divided into “scheduled” and “unscheduled” categories. The state legislature has created a specific “schedule” (a list) that dictates exactly how much compensation a worker receives for the total or partial loss of use of specific body parts.
The eye is explicitly listed on this schedule. This means that if you suffer permanent vision loss in one eye due to a workplace accident, your compensation is calculated based on a predetermined statutory formula, rather than a subjective evaluation of how the vision loss affects your overall earning capacity.
How Compensation for Vision Loss is Calculated
If you reach Maximum Medical Improvement (MMI) and your ophthalmologist determines you have suffered permanent vision loss, the compensation is strictly defined by the statute:
•Total Loss of Sight (Without Removal): If you suffer the permanent and complete loss of sight in one eye, but the eye itself is not surgically removed (enucleated), Arizona law dictates an award of 25 months of compensation at a specific percentage of your average monthly wage.
•Loss of an Eye by Enucleation: If the injury is so severe that the eye must be surgically removed, the scheduled award increases to 30 months of compensation.
•Partial Vision Loss: If you suffer partial vision loss (for example, a 20% permanent impairment to your vision in one eye), you will receive a proportionate amount of that scheduled award.
It is important to note that these scheduled awards are paid in addition to the temporary disability benefits you received while you were actively recovering and off work, and your medical bills remain fully covered.
When an Eye Injury Becomes “Unscheduled”
While a single eye injury is scheduled, the situation changes drastically if you suffer injuries to both eyes, or if your eye injury is combined with another permanent injury (such as a severe head trauma that caused the eye damage).
When multiple scheduled body parts are injured, or when a scheduled injury is combined with an unscheduled injury, the entire claim becomes “unscheduled.” This is a critical distinction. Unscheduled claims are not capped by a strict monthly limit. Instead, they are evaluated based on your “Loss of Earning Capacity” (LEC). If a severe injury to both eyes renders you legally blind and unable to work in any capacity, you could be entitled to permanent total disability benefits for the rest of your life.
The Importance of Specialized Medical Evidence
Eye injuries require highly specialized medical care. Insurance companies will often try to minimize the extent of your vision loss or argue that your vision problems are related to age or pre-existing conditions rather than the workplace accident. Securing an accurate impairment rating from a respected ophthalmologist is the cornerstone of maximizing your settlement.
Frequently Asked Questions (FAQs)
Does workers’ comp pay for protective eyewear or specialized glasses after an injury?
Yes. If your treating physician prescribes specialized glasses, protective eyewear, or even a prosthetic eye as a necessary part of your treatment and recovery from a work injury, the workers’ compensation insurance carrier is responsible for covering those costs.
What if my vision can be corrected with surgery later?
If your doctor recommends a surgery (like a cornea transplant or cataract removal caused by trauma) that could improve your vision, workers’ compensation should cover the procedure. Your permanent impairment rating is typically not assigned until after all surgical options have been exhausted and your vision is stable.
Can I get a lump sum settlement for an eye injury?
Yes. Once your condition is stable and your permanent impairment is rated, you and the insurance company can negotiate a Full and Final lump-sum settlement that closes out the claim, rather than receiving the scheduled award in monthly installments.
See Your Case Clearly with Expert Legal Help
A severe eye injury changes how you interact with the world. Do not let an insurance company blindside you with a lowball settlement offer. The Arizona workers’ compensation lawyers at Arizona’s Work Injury Firm have the experience to fight for the maximum compensation available under the law. Contact us today for a free consultation to discuss your case.