Needlestick Injury Claims – Frequently Asked Questions

Needlestick Injury Claims – Frequently Asked Questions

What should I do immediately after a needlestick injury?

If you have suffered a needlestick injury, sometimes referred to as a sharps injury, you should take immediate steps to clean the wound and seek medical advice. Allow the wound to bleed gently, without squeezing or aggressively scrubbing it. Wash the affected area gently with soap and running warm water then cover it with a clean waterproof dressing. Once the wound is cleaned and covered seek urgent medical advice.

If the injury happened at work, you should also report it to your employer as soon as possible following your workplace’s incident reporting procedure.

Why is urgent medical advice important?

Prompt medical assessment is important because, depending on the circumstances, you may need testing for exposure to blood borne viruses, including hepatitis B, hepatitis C and HIV. Health and Safety Executive (HSE) guidance specifically recommends seeking urgent medical advice following a potentially contaminated sharps injury. Being injured by a needle does not necessarily mean that you will contract an infection. The level of risk depends on a number of factors; was the source infected? what was the type of needle involved? what was the nature of the injury?

You should always follow the medical advice you are given about testing and attend any follow up appointments.

What if I don’t know where the needle came from?

You should still seek urgent medical advice if you have been injured by a needle and do not know where it has come from. The fact that the source cannot be identified does not mean that the injury should be ignored. Tell the healthcare professional exactly what happened, where you were, when it happened and whether you know anything about its potential source.

Can I claim compensation for a needlestick injury?

You may be able to claim compensation if the injury was caused by someone else’s negligence or a failure to take reasonable steps to protect you from a foreseeable risk. For example, a claim might arise where an employer has failed to provide appropriate training, protective equipment, safe systems of work or suitable arrangements for the disposal of needles.

My needlestick injury happened whilst at work, can I claim compensation from my employer?

Potentially yes. Employers have duties to control workplace risk including risks associated with needles and the potential exposure to blood borne viruses. In order for a claim to succeed you will generally need to establish that someone was legally responsible for causing your injury. This might involve demonstrating that your employer failed to take reasonable workplace precautions or failed to comply to legal health and safety requirements. Establishing liability requires an investigation into what happened and who owed you a duty of care.

Will making a needlestick injury claim affect my job?

Bringing a genuine personal injury claim should not, in itself, be a reason for your employer to treat you unfairly. The circumstances of each case and concerns of workplace treatment should be considered individually. If you are worried, taking legal advice can help to put your mind at rest and protect your position.

Can I claim if I was injured by a needle while volunteering or working through an agency?

Yes, you may still be able to claim. Whether you were working in a healthcare setting carrying out voluntary work or undertaking a temporary placement you should be able to expect reasonable steps to be taken to protect your health and safety. If your injury happened because appropriate precautions were not taken, you may be entitled to compensation. Being a volunteer or agency staff worker should not put you off seeking advice about your rights.

Can I claim if I have not contracted an infection?

A needlestick injury does not necessarily have to result in a blood borne virus before you can consider making a claim. Any physical injury, medical treatment, psychological consequences and the effect the incident has had on your life will all need to be taken into consideration. Waiting for blood test results or follow up appointments can be a very anxious time.

Can I make a claim for compensation for the anxiety and distress that the needlestick injury has caused?

A needlestick injury can understandably cause considerable worry, particularly where there is uncertainty about whether the needle was contaminated or whether the person who used it carried an infection. Where a person develops a recognised psychological injury as a result of a negligent incident, this may form part of a compensation claim. While an emotional response such as worry and distress is as we’ve mentioned completely understandable, this alone may not lead to financial compensation. Each situation relies closely on medical evidence and the specific details of the case.

If you have experienced significant anxiety or other psychological symptoms, you should speak to your GP and your solicitor.

How much compensation can I claim for a needlestick injury?

There is no fixed amount of compensation. The value of a claim depends on the circumstances and the injuries suffered. Factors that may be considered include:

• the nature and severity of the physical injury
• whether you contracted a blood borne virus or other infection
• the medical treatment you required
• whether you developed a recognised psychological injury
• the effect the injury has had on your everyday life
• whether you have had to take time off work
• any financial losses or expenses resulting from the injury

The value of a claim can only be assessed properly once the medical evidence and circumstances of the incident have been fully considered.

What evidence do I need to make a needlestick injury claim?

Useful evidence may include your medical records, records of blood tests and treatments, your employer’s accident and reporting logs if applicable, photographs of the injury, witness statements and details of the circumstances in which the injury occurred. Records of financial losses and expenses incurred would also be useful evidence.

If the injury occurred whilst at work, your solicitor may also need to investigate your employer’s risk assessments, health and safety procedures, training records as well as their arrangements for the disposal of sharps.

How long do I have to make a needlestick injury claim?

The usual limitation period is three years from the date of the accident or from the date you first became aware of the injury and its significance. There are exceptions to these rules, including cases involving children and those who lack mental capacity. It is always advisable to obtain legal advice as soon as possible as limitation rules can get complicated so you should not assume that it is three years in every case.

Are needlestick injury claims actually successful?

Yes, needlestick injury claims can succeed where there is sufficient evidence of negligence or another actionable breach of duty and the injury and resulting losses can be established.

How can a solicitor help with a needlestick injury claim?

If you have suffered a needlestick injury, particularly where the source is unknown, you should prioritise seeking medical attention. Legal advice can then help you to understand whether you have a claim and what steps can be taken next. A solicitor can gather the relevant evidence, assess liability and handle all correspondence with the other party and their insurers, negotiate a settlement on your behalf and, where necessary, represent you in court if an agreement cannot be reached.

Why choose Russell Worth to help with your needlestick injury claim?

At Russell Worth we combine extensive experience in personal injury law with a personal approach. Our role is to take the legal burden off your shoulders, protect your interests and work towards achieving the best possible outcome for you. With more than two decades of experience and a dedicated term serving clients across England and Wales, you can have confidence that your case is in the best possible hands.

Contact us today for free, no obligation advice regarding your Needlestick Injury claim – either by calling us free on 0800 028 2060, or by requesting a free call back, whereby one of our team will contact you at a time of your choosing to discuss your situation. When you contact us you are under no obligation to continue with the case unless you wish to do so.

We’re here to help – contact us today.