A needlestick injury (also known as a sharps injury) is a type of puncture wound. These are accidents in which a person’s skin is punctured by a medical implement or device such as a hypodermic needle or scalpel.
Those working in the healthcare sector may be more at risk of suffering a needlestick injury, however, they could also affect cleaners, prison officers and the police. In this guide, we discuss when you could make a needlestick injury compensation claim.
We will first look at what a needlestick injury claim is and when you could claim as a patient or for an accident at work.
Then we will look at what steps you could take after a needle injury and how long you may have in which to claim compensation. Finally, we look at how compensation for needlestick injuries may be calculated and whether you could claim on a No Win No Fee basis.
To check if you can make a needlestick injury claim, you can get in contact with our team for free on:
- Call by phone on 0800 652 3087
- You can begin your claim online
- By using our live chat support
Browse Our Guide
- What Is A Needlestick Injury Claim?
- Can I Claim Needlestick Injury Compensation As A Patient?
- Can I Claim Needlestick Injury Compensation After An Accident At Work?
- What Should I Do If I’ve Suffered A Needlestick Injury?
- What Is The Time Limit When Claiming For Needlestick Injuries?
- How Much Compensation For A Needlestick Injury?
- Why Make A Needlestick Injury Claim Using A No Win No Fee Solicitor?
- Learn More About How To Make A Medical Negligence Claim
What Is A Needlestick Injury Claim?
A needlestick injury is where a scalpel, needle or other sharp implement punctures the skin. While such a wound may be minor, the implement may be contaminated with blood or other material. This may transmit a blood-borne disease or infection and cause you to contract a potentially serious illness.
Whether you were at work or being provided with medical care you will have been owed a duty of care by another party. If this party breached their duty of care you may be eligible to claim compensation. In order to make a needlestick injury claim you will need to prove that this party has breached their duty of care, which led to you suffering harm. We explain more on this below.
You can find out more about preventing needlestick injuries in this NHS resource.
What Infections Could Be Caused By A Needlestick Injury?
According to the Health and Safety Executive, needlestick injuries could cause and transmit a variety of different infections and hazardous substances, such as blood-borne viruses. The most common forms of blood-borne viruses which could be transmitted include:
- Hepatitis B – HBV. This is a liver disease which may be transmitted by blood, semen and vaginal fluid. The infection will usually last a few months, though it can become a long-term infection.
- Hepatitis C – HCV. Again this infection affects the liver. Whilst the infection may be cured, if not treated it could cause serious and even life-threatening harm to the liver.
- Human immunodeficiency virus – HIV. HIV affects the cells which are part of your immune system. If the immune system is severely damaged the person may develop a life-threatening infection.
For more information on claiming for a needle injury, please contact our team.
Can I Claim Needlestick Injury Compensation As A Patient?
Medical professionals such as doctors, nurses, midwives and others owe patients a duty of care. In accordance with their duty of care, they must meet the minimum expected professional standards when treating a patient. If a medical professional such as a nurse has breached their duty of care, you may have grounds to claim for any harm caused.
Examples of how a patient could suffer a needlestick injury include:
- Where appropriate safety guidelines for the use of sharps or needles are not adhered to.
- Where sharps are not properly disposed of and puncture the skin of a patient.
If the same needle is used for two different patients, a blood-borne illness may be transmitted.
Whether you were harmed due to NHS hospital negligence or by medical negligence in a private hospital, you could be eligible to claim compensation.
Can I Claim Needlestick Injury Compensation After An Accident At Work?
Whether you are working in healthcare or social care your employer has a duty of care to ensure your safety. This duty of care is set out in the Health and Safety at Work etc. Act 1974. Given that those working in healthcare have to use sharps and needles, they are naturally at a higher risk of suffering a needlestick injury in an accident at work.
To claim for sharps injuries caused by an accident at work you need to show that your employer was at fault. Examples of how a healthcare employers may be negligent could include:
- Not training you in the correct use and safe disposal of sharps.
- Not putting health and safety procedures or regulations in place.
- Employers failing to provide you with the right personal protective equipment, such as thick gloves
- Not implementing an effective system of cleaning, creating the risk of people getting pricked with a dirty needle.
In order to claim for a workplace needlestick injury you need to show that:
- Your employer owed you a duty of care
- That they breached their duty of care, such as by not providing you with the correct training.
- That you were harmed as a result of this.
To see if you can claim needlestick injury compensation, contact us for free using the above details.
What Should I Do If I’ve Suffered A Needlestick Injury?
If you have suffered a workplace needlestick injury or as a healthcare patient, there are several steps you could take in order to make a successful claim against the NHS for negligence or a claim against a private healthcare company.
Firstly, you should seek any medical attention or care you require. It is important that you get treatment for any harm suffered. In addition, this will create a record of harm suffered and what treatment you need. You can ask for a copy of your medical records which may be submitted as evidence.
You should also report the incident, whether as a patient or an employee, and ensure that it is correctly recorded.
Further evidence which may be submitted in support of your needlestick injury claim may include:
- Witness statements.
- Proof of any financial losses or costs incurred.
- Expert medical evidence, obtained as part of the claims process.
For more information on what proof could support your medical negligence claim, please contact our team.
What Is The Time Limit When Claiming For Needlestick Injuries?
Under The Limitation Act 1980, there is a medical negligence time limit within which you have to take action, if this is something you wish to do. In general, the time limit to claim needlestick injury compensation is three years. The time limit begins either on the date you were harmed, or discovered that you were harmed. This is because in some instances the harm may not be detected for a long time after it has been sustained.
There are exceptions to the time limit.
- Where a child was harmed, a Litigation Friend may claim on behalf of the child at any point till they are eighteen.
- Where the person harmed lacks the mental capacity to make a needle stick injury claim on their own behalf the time limit is suspended. If they regain their mental capacity, the time limit will begin.
To learn more about time limits for suing the NHS or a private healthcare provider for a needle prick injury, contact our team.
How Much Compensation For A Needlestick Injury?
If you are eligible to make a needlestick injury claim you could be awarded compensation made up of general damages, which are awarded for harm caused to you, and special damages which are awarded for financial losses caused by the injury.
To calculate general damages for your pain and suffering your solicitor may use the Judicial College Guidelines (JCG). These guidelines include recommendations for compensation which may be awarded for a variety of different types of harm.
The table below includes examples taken from the JCG. The first row of the table is not taken from the JCG and is an illustration of what could be awarded with general and special damages combined.
| Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple serious forms of harm with special damages | Serious or severe | Inclusive of multiple serious forms of harm with special damages. | Up to £1,000,000+ with special damages |
| Injuries affecting sight | B - Total blindness | Total loss of sight | Around £327,940 |
| Injuries affecting sight | D - Total loss of one eye | Compensation will depend on cosmetic effects, psychiatric consequences and age. | £66,920 to £80,210 |
| Pain disorders | A - Severe | There are significant symptoms and may be associated with fibromyalgia. | £51,410 to £76,870 |
| Pain disorders | B - Moderate | Cases may involve significant symptoms but where the claimant was vulnerable to developing a pain disorder. | £25,710 to £46,970 |
| Impairment of taste and smell | B - Total loss of smell, significant loss of taste. | In cases of lost smell, taste is also impaired. | £40,150 to £47,810 |
| Impairment of taste and smell | C - Loss of smell | Loss of smell | £30,500 to £40,150 |
| Impairment of taste and smell | D - Loss of taste | Loss of taste | £23,430 to £30,500 |
| Chest injuries | D - Such as a penetrating wound | Injuries such as a single penetrating wound. | £15,370 to £21,920 |
| Spleen injury | B - Risk of internal infection or disorder is minimal | Minimal risks of infections or disorders. | £5,310 to £10,550 |
Special damages may compensate for costs such as:
- Medical treatment (not available via the NHS).
- Lost income and earnings.
- The cost of transport to and from medical appointments.
- Care costs.
Without knowing the extent of harm caused to you and the financial impact it has had, we can not say what medical negligence compensation you may be eligible to claim. For an assessment of your needlestick injury compensation claim, please contact our team.
Why Make A Needlestick Injury Claim Using A No Win No Fee Solicitor?
If you are eligible to make a needlestick injury compensation you could wok with our specialist No Win No Fee solicitors. We could also represent you under a No Win No Fee Agreement, which comes with various benefits, such as:
- There are no upfront or ongoing solicitors fees.
- If the claim is unsuccessful, you will not need to make any payments for your solicitor’s services.
If your needlestick injury compensation claim is successful you will pay a success fee to your solicitor. How much you may be charged as a success fee is limited by law. This means you will keep the majority of your compensation.
So to check if you can claim compensation, please contact our team for free via:
- Phone on 0800 652 3087
- Start your claim online
- Use our live support chat
Learn More About How To Make A Medical Negligence Claim
Below you can find further resources related to needlestick injury claims and medical negligence claims in general.
- Find out how to make negligent blood testing compensation claims in this guide.
- If you suffered nerve damage after a blood test, find out how to claim in this guide.
- Here we look at how to make sepsis medical negligence claims.
- In this government resource, you can learn more about raising awareness of needlestick injuries in healthcare settings.
- This government resource looks at bloodborne viruses in healthcare workers.
- This resource from Oxford University looks at needlestick injuries in occupational health.
Thank you for reading our guide to making a needlestick injury compensation claim.
