Visitor Question

Vision loss from nail hitting eye…

Submitted By: Jose (Avondale, Arizona)

I was working for a concrete company as a form setter when I had finished setting up a patio for a house that was being built. I finished setting it up and when I was rolling up my string line I pulled the nail out of the corner holding the string. It “sling shot” right into my eye ball.

I needed four stitches and punctured an optic nerve. The doctor said my vision would never be the same again. This happened like ten years ago so it’s more than likely too late to do anything about it. I just wanted to confirm that there’s nothing I can do about. But if so, what can be done?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jose,

Unfortunately, unless you filed a workers compensation at or about the time of your injury you have no legal recourse. Without meaning to criticize you, it’s incredulous you failed to file a workers compensation claim when you were injured. Most workers compensation state laws permit the filing of a workers comp claim for up to two years after the injury.

Your injury was clearly disabling. With your doctor’s diagnosis of permanent damage to your eye you would likely have been entitled to workers compensation benefits including payment for all your medical bills, out of pocket expenses for your medications, costs of transportation to and from treatments, and even payment for a driver if your injury prohibited you from driving. You would have been entitled to a portion of your lost wages while recovering.

Once the company’s workers compensation physicians determined your injury was disabling, you would likely also have been entitled to a cash settlement award.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 10, 2013

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