Personal injury advice from
Thompsons Solicitors
Needlestick Injury Compensation Claims
If you suffer a needlestick injury due to the negligence of someone else, you may be entitled to claim personal injury compensation. Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for expert advice from our specialist personal injury lawyers.
What is a needlestick injury?
Who is at risk of needlestick injuries?
Prevention of needlestick injuries
Treatment following a needlestick injury
When can a compensation claim be made?
Needlestick injury compensation
Our expert personal injury lawyers
What is a needlestick injury?
The term ‘needlestick’ primarily refers to an incident where a used hypodermic needle accidentally punctures someone’s skin. It can also be used to describe an injury from other sharp medical implements, like scalpels or lancets.
A needlestick injury can be painful and the affected area may bleed and become swollen. As with any wound there is a risk of infection, but if someone suffers a needlestick injury or sharps injury they may also be at risk of contracting a blood-borne infection such as HIV, Hepatitis B or Hepatitis C, which can be transmitted via a contaminated needle. This risk often causes a great deal of stress and anxiety to the affected person and it can take several months to be given a diagnosis or the all-clear. They may also need to take prophylactic medication, which can have side effects.
In most cases, needlestick injuries can be prevented if care is taken with the use and disposal of needles and medical instruments. If you are the victim of a needlestick injury caused by a lack of health and safety measures at your workplace, you should seek legal advice at the earliest opportunity.
Who is at risk of needlestick injuries?
Needlestick injuries can occur under a range of circumstances. Those most at risk include doctors, nurses, dentists and other healthcare workers. Other groups that may be exposed to a risk of needlestick injury are park keepers, cleaners, prison staff, social workers, police officers and waste disposal operatives.
It is extremely important that needles and other sharps are handled and disposed of with care. Needlestick injuries can occur when a medical professional is performing a procedure and the implement they are using slips or breaks, during disposal if the bins provided are inappropriate or over-filled, or after disposal if sharps have not been disposed of in the correct way or have been discarded without care. Other industries where safe use of needles must be practiced include the tattooing and piercing industry and the beauty industry.
People who collect refuse, or maintain or clean public areas, may also be at risk of needlesticks from needles discarded by drug users. It is therefore important that they are supplied with any relevant protective clothing and equipment for their work and training on safe working practices
Needlestick injuries do not only occur at work. Occasionally members of the public may suffer a needlestick injury whilst in a public place, such as a park or public toilets, or whilst attending a hospital as a patient or visitor.
Prevention of needlestick injuries
Certain health and safety measures can be taken to help reduce the risk of needlestick injuries, including:
• Immediate disposal of sharps into appropriate sharps bins (with a lid and rigid sides) after use
• Regular emptying of sharps bins to prevent them from becoming too full
• Clear labelling of sharps bins and containers
• Wearing protective gloves / clothing where appropriate
• Never recapping / resheathing needles
• Employee training on safe procedures
• Use of safety devices where provided (retractable needles and blades etc)
• Avoiding use of sharps in busy, congested areas
Anyone in an at-risk profession would also be advised to keep up-to-date with vaccinations for Hepatitis B and tetanus.
Treatment following a needlestick injury
If someone suffers a needlestick injury or sharps injury, they should report it immediately and seek medical attention. Instead of applying pressure to stop any bleeding, the wound should be allowed to bleed and the area should be thoroughly washed with soap and water.
If the identity of the patient the sharp was originally used for is known this will help to assess the risk of infection. It may be necessary for the affected person to begin a course of prophylactic medication, which can help to prevent infections from developing.
Blood tests will generally be taken shortly after the incident. It will usually be necessary for the injured person to have further blood tests in the months that follow, as some infections can take time to show in the blood. The uncertainty during this time can be very traumatic for anyone affected.
When can a compensation claim be made?
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
It is always a good idea to obtain prompt legal advice if you have suffered a needlestick injury and believe that you may be entitled to make an injury claim. Your lawyer will be able to collate all of the information about your case and advise you on the best way in which to proceed.
The principle of vicarious liability applies to employers, meaning that they are responsible for their employees’ negligence. Therefore, if you are injured in an accident at work due to the actions or mistake of a colleague, you may still be able to make a compensation claim against your employer.
Needlestick injury compensation
There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (e.g. an inability to drive, walk the dog, look after your garden etc). The award for loss of amenity can be for a short period after a needlestick injury or for ever if that is what the medical evidence supports.
The second element, in respect of your losses and expenses, is known as special damages and aims to put you back in a position financially as if the needlestick injury had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
Our expert personal injury lawyers
Our lawyers, Thompsons Solicitors, are experts in all areas of personal injury and can provide expert claim advice on needlestick injuries or any other type of workplace accident or medical negligence matter.
We have recovered compensation for many innocent victims of work-related injuries and injuries in public places and can offer you the benefit of our experience on a cost free basis. For details of some of these cases, please visit our personal injury news and client stories sections or follow the links below:
Police Employee Compensated for Needlestick Injury at Work
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