Personal injury advice from
Thompsons Solicitors
Infection Compensation Claims
If you have contracted an infection because of the negligence of someone else, you may be entitled to make a personal injury claim.
At The Legal Line, our personal injury lawyers have extensive experience in recovering compensation for the victims of infections and we can provide you with expert legal advice. Contact us on 0800 0328511, or by completing a claim enquiry form online.
Infections
Work-related Infections
Making an Infection Compensation Claim
Infection Compensation
Specialist Personal Injury Lawyers
Previous Infection Claims
Infections
Many of us will suffer an infection at some point in our lives. Infections occur as the result of harmful bacteria entering the body or from exposure to a virus or fungi. Infections can be localised, like wound infections, or systemic, like flu or hepatitis.
In the majority of cases there is no-one to blame when a person contracts an infection, however sometimes infections are caused by a failure to take appropriate health and safety measures and could have been prevented. For example:
• Food poisoning – Improper storage, preparation, handling or cooking of food can result in food poisoning (types of food poisoning include listeria, e-coli, salmonella and campylobacter). If you suffer food poisoning because of contaminated food sold by a restaurant or shop, or provided at a hotel, an injury claim may be possible.
• Needlestick injuries – Needles and other ‘sharps’ must always be used and disposed of in accordance with safety protocols to avoid needlestick injuries. Healthcare workers are the main group susceptible to needlestick injuries, however other groups, such as cleaners and waste disposal operatives, may also be at risk.
• Weil’s disease – Weil’s disease, or leptospirosis, is an infection caused by bacteria found in the urine of some animals, most notably rats. Drinking from contaminated water supplies or contact with contaminated soil or water can result in infection.
• Legionnaires’ disease – Legionnaires’ disease is caused by breathing in droplets of water contaminated by legionella bacteria. Common sources of legionnaires’ disease include: air conditioning units, showers, cooling towers, evaporative condensers and hot tubs. The bacteria thrive under certain conditions and temperatures (20–45 °C), so keeping systems and water clean, treating with high temperatures or water treatments, and a system of checking and maintenance are important preventative measures. Examples of when a legionnaires’ disease claim may be possible is if you were infected at work, a hotel, a health club or at accommodation provided by a local authority or landlord.
• Q fever – Q fever is an infection that can be passed from animals, usually livestock such as cattle or sheep, to humans. Care must be taken to reduce the risk of transmission, for example restricting contact with infected animals and careful disposal of their waste and birth products. Pregnant women and those with a weakened immune system are at particular risk.
• Piercing / tattoos – Infections following a tattoo or piercing can be the fault of the customer, if they do not follow after care instructions correctly, or through nobody’s fault as infections can occur when the skin has been broken, even when every care is taken. Some infections happen however because a tattoo artist or piercing technician has failed to adhere to the strict hygiene and safety procedures they are required to follow, which include using new, sterile needles and disposable gloves for each customer. These safety measures are especially important because blood-borne infections like HIV can be transmitted through used needles or contact with infected blood.
If an infection occurs because someone who had a duty to protect you failed to take reasonable measures to do so, for example your employer or landlord, an infection compensation claim may be possible. If no one was to blame for your infection however, a claim would not be applicable.
This page does not deal with infections caused by medical negligence. Visit our clinical negligence section for details about hospital acquired infections such as MRSA and clostridium difficile, and infections passed on through blood transfusions.
Work-related Infections
In general, good work hygiene procedures (washing hands before eating or touching the face, keeping any wounds and broken skin covered, etc.) and a clean workplace will help to reduce the risk of contracting an infection at work.
Employers have a duty to carry out risk assessments for all tasks to identify any specific hazards affecting their employees, then implement measures to reduce the risk of injury or illness as far as reasonably possible. These measures may include devising safe working practices to limit exposure to sources of infection, the use of protective clothing, sterilising work equipment or using disposable equipment.
Those who work in an occupation where there is a particular risk of infection may also need to have immunisations, for example against tetanus or hepatitis.
People working in certain industries may be more vulnerable to contracting work-related infections. Some of these are detailed below:
Healthcare
People working in the field of healthcare often come into contact with potential sources of infection, for example infectious patients, hypodermic needles, soiled laundry and used dressings.
Employers must take steps to reduce the risk of healthcare workers contracting infections at work, for instance by providing training on the use and disposal of sharps, implementing patient isolation procedures when necessary, and providing protective equipment (e.g. gloves, masks, aprons, hand sanitisers etc.).
Laboratories
Laboratory staff may work with animals, blood samples, tissue samples, live viruses, bacteria and other biological agents. It is therefore essential that clear procedures are in place for safe working and the containment and disposal of anything hazardous.
Safety measures used in laboratory environments may include the use of protective gloves, goggles and other clothing, secure storage, clear labelling of items, warning signs and decontamination facilities. Access to some areas may also be restricted to certain personnel for safety.
Sewage treatment
People involved with sewage treatment, sewer inspection and maintenance, plumbing or the emptying of portable toilets are at risk of infections from contact with sewage.
Employers should ensure that all staff are made aware of any risks that apply to them and they are trained in safe methods of working. Protective equipment is usually necessary and facilities should be available where workers can clean themselves.
Agriculture / other work with animals
Infections that are passed from animals to humans are known as zoonoses. Anyone required to handle animals, animal carcasses or animal waste may be at risk of this type of infection. This would include, for example, farm workers, zoo keepers, grooms, meat packers, abattoir workers, vets and kennel staff.
Correct handling of animals and animal products, safe disposal of animal waste, good general hygiene procedures and strict control of contact with any infected animals will all help to reduce the risk of infections being transmitted.
Care should also be taken to protect visitors from infection, for example on open farms.
Making an Infection Compensation Claim
An infection compensation claim may be possible if the actions of someone else, or their failure to take action when they should have done so, caused your infection. If you have contracted an infection at work, whilst on holiday, through a contaminated product or in a public place such as a restaurant, you may be entitled to make an injury claim.
In any personal injury claim it is necessary to show that whoever 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. 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.
It is important to seek medical attention and to record as much information as you can about what happened. In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
Infection Compensation
There are two elements to a compensation award. The first is for the pain and suffering you have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things that you used to be able to do before (e.g. wash your car, look after your garden, walk the dog etc). The award for loss of amenity can be for a short period after you develop an infection or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the infection, so that these can be reclaimed. The aim is to put you back in a position financially as if it had never occurred.
In serious cases where a person is left permanently disabled, this can be taken into account. The costs of care, housing modifications, equipment and transport can be factored into the calculations and the Court may make an award in recognition of restricted employment prospects.
If someone suffers a fatal infection, dependent relatives such as a spouse or children may be able to claim a statutory sum for their bereavement and funeral expenses, in addition to sums for the loss of income and contribution to the household in the form of future losses.
Specialist Personal Injury Lawyers
Our expert lawyers have a wealth of experience in recovering compensation for the victims of avoidable infections.
Your infection compensation claim will be handled efficiently and sympathetically and we will always work hard to ensure that the best possible outcome is achieved.
Previous Infection Claims
We have acted on behalf of clients in a wide range of infection claims. Follow the links below, or visit our news and personal injury clients sections, for further details.
Outbreak of Q Fever Caused by Unsafe Workplace Renovations
Compensation Claim for Woman Injured in Fall From Boat
Factory Employee Contracts Legionnaires’ Disease Through Work
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