Needlestick injuries can cause significant psychological distress, in some cases leading to long-term life-changing infections, whilst also posing a risk of the transmission of severe bloodborne viruses. Moreover, it can take a number of months to await test results, which can further increase anxiety levels, oftentimes necessitating an extensive amount of time off work. This disruption to your daily routine and loss of income can cause further stress, compounding the trauma of the incident. Needlestick injury claims can be pursued when harm from sharps has been caused by the negligent actions of a third party.
Although compensation can by no means undo the harm you’ve suffered, it can be used to fund any ongoing medical expenses you might now be faced with. Additionally, compensation can offer financial redress and a sense of justice, especially after suffering a needlestick injury that wasn’t your fault. Our solicitors here at Legal Expert are committed to fighting tirelessly on your behalf. With an obligation-free discussion with our advisors, you could quickly find out whether you’d be eligible to make a claim, and they can advise you on the best course of action.
Contact our advisors today to learn more about how to claim for a needlestick injury.
4.8 (466 reviews) What Are Needlestick Injury Claims?
Needlestick injury claims are a way to seek compensation for the physical and psychological harm caused by contact with sharps resulting from a third party’s negligent actions or inactions. These claims can be made whether you sustain this injury in the workplace, in public, or in a medical setting.
For more information on needlestick injury claims, get in touch with our advisors today.
The Complications Needlestick Injuries May Cause
Needlestick injuries may cause serious physical and psychological complications, particularly from the risk of exposure to bloodborne viruses (BBV). Although the actual transmission of infection is relatively rare, these injuries can transmit a wide range of viruses, parasites, and bacteria. Some are life-threatening, and infections like HIV and Hepatitis can drastically affect day-to-day life.
Below are some of the most common complications associated with needlestick injuries:
- Hepatitis B and Hepatitis C
- Human immunodeficiency virus (HIV)
- Tetanus
- Bacterial infections
- Localised infection
- Tissue damage, tendon, nerve or muscular damage
- Post-exposure prophylaxis after the acquisition of HIV
In addition, needlestick injuries may lead to lifelong mental health conditions, including post-traumatic stress disorder (PTSD) and depression. If you would like to share your situation in confidence, please contact our team today for compassionate advice on how to claim compensation.
Can I Claim Compensation For A Needlestick Injury?
Yes, you could seek compensation in needlestick injury claims if we can show that this injury was caused as a result of someone else’s negligent actions or inactions. This could be a third party, your employer or even a healthcare professional.
In order for your claim to have merit, we must establish the following criteria:
- You were owed a duty of care
This establishes a legal link between yourself and the liable party. Essentially, a duty of care is the obligation that specific third parties (whether another person, business, or organisation) have to take reasonable steps to ensure your safety in certain circumstances. This can include your employer providing adequate personal protective equipment or a medical professional delivering patient care to the required standard.
- This duty of care was breached
A breach of duty occurs when the responsible party fails to act in a reasonable manner. For example, if a medical professional fails to check whether needles are disposed of properly, or if your employer fails to provide proper sharps training, yet asks you to work with the disposal of needles.
- You suffered an injury or illness resulting from the breach of duty
The final element you must determine is that you suffered measurable harm following the responsible party’s breach of duty. In needlestick injury claims, you can pursue compensation for minor injuries such as bruising or lacerations caused by sharps, or you can seek compensation for life-changing injuries such as sepsis caused by an infection following your needlestick injury.
Additionally, you’re able to recover compensation for both the physical harm and psychological distress caused by your injuries, provided the conditions are medically recognised.
Workplace Needlestick Injury Claims
You could seek compensation for a workplace needlestick injury claim if the harm you suffered resulted from your employer’s failure to supply appropriate personal protective equipment (such as puncture-resistant gloves), provide inadequate training, or ensure the provision of safe, sharp disposal containers for use during the course of your employment.
Under the Health and Safety at Work etc. Act 1974, your employer must take all reasonable steps in order to ensure your health, safety, and wellbeing as a member of the workforce. If they fail to uphold this duty, leading to a needlestick injury, they may be held liable for the harm you suffer.
A needlestick injury could occur in an accident at work if:
- While emptying a bin during your bin round, you are pricked by a used needle that was not disposed of safely. Your employer provided gloves that were unsuitable for refuse collection, leaving your wrists exposed. As a result, you suffer a severe infection and develop long-term anxiety.
Needlestick Injuries Caused By Medical Negligence
Needlestick injuries can be caused by medical negligence if, for example, a healthcare provider fails to dispose of sharps safely, uses inappropriate techniques, or has received inadequate training. Medical professionals have a responsibility to provide treatment and care that meets the minimum expected standard. They can meet this duty of care by adhering to professional guidelines and receiving regular sharps training.
Medical negligence might occur if:
- A phlebotomist fails to verify that a needle used to draw blood is sterile and new. This leads to needle reuse, directly causing a bloodborne infection. The infection is initially unnoticed until it progresses to life-threatening sepsis.
These examples are illustrative only, so if you’d like to discuss the circumstances of your own case, please get in touch with our advisory team today.
Can I Still Claim If A Needle Injury Didn’t Lead To An Illness?
Yes, you could still claim if a needlestick injury did not lead to the development of an illness, but nevertheless left you with some form of physical and psychological harm. The law recognises that the incident itself causes significant harm, such as potential damage to tendons, muscles, or nerves.
Furthermore, needlestick injuries can be difficult to sterilise because of the narrow, deep wound. Consequently, those affected can experience substantial emotional distress and acute anxiety, particularly if they are waiting for test results to confirm whether they have a bloodborne virus or other infection.
If you would like to find out if you can seek compensation in your particular circumstances, please contact our advisory team today.
How Much Needlestick Injury Compensation Could I Claim?
The amount of needlestick injury compensation you could claim is entirely dependent on the severity of the harm suffered, the degree to which your daily life is impacted, and whether you incurred financial losses. Since each settlement is awarded on a case-by-case basis, it is useful to examine how compensation is valued.
In successful needlestick injury claims, general damages are awarded to compensate for the physical pain and psychological trauma experienced by a claimant. When assessing this head, professionals can consider the extent of suffering and any loss of amenity (the effect on quality of life). Solicitors can also refer to frameworks such as the Judicial College Guidelines (JCG), a document that sets out suggested compensation brackets for various injury types and severities.
Our table below shows some of these guideline brackets, but they do not represent a guarantee of compensation for your specific needlestick injury claim. Please be aware that the top entry has not been taken from the JCG.
| Type of Injury | Severity | Compensation |
|---|---|---|
| Various Severe Injuries + Special Damages | Very Severe - multiple injuries as well as financial losses such as lost income, private medical expenses, and the cost of psychological support | Up to £1,000,000+ |
| Injuries Affecting The Senses (Sight) | Total blindness | In Region of £327,940 |
| Injuries Affecting The Senses (Smell) | Complete loss of smell | £30,500 to £40,150 |
| Kidney | Severe a) severe and permanent damage or complete loss of both kidneys | £206,730 to £256,780 |
| Bowels | Severe a) double incontinence, with the loss of natural bowel function | Up to £224,790 |
| Serious b) total loss of natural function and a reliance on a colostomy, depending on age | Up to £183,190 | |
| Bladder | Severe b) complete of natural function | Up to £171,680 |
| Post-Traumatic Stress Disorder | Moderately severe (b) some recovery with the help of professionals, but still a significant level of disability for the foreseeable future | £28,250 to £73,050 |
| Psychiatric Harm | Moderately severe (b) the effect on the injured person's relationships, their future vulnerability and prognosis will be taken into account | £23,270 - £66,920 |
| Digestive System - Non Traumatic Injury | Severe (i) toxicosis leading to pain, nausea, diarrhoea and requiring hospital admission | £46,900 to £64,070 |
Can Financial Losses Be Claimed After A Needlestick Injury?
Yes, financial losses can be claimed after a needlestick injury under a head of claim called special damages. This covers any provable out-of-pocket expenses resulting from your injury, such as:
- Lost earnings, such as pension contributions, bonus payments, or other workplace benefits. Potential future impacts on income can also be accounted for
- Medical expenses for private prophylactic treatment or long-term medication for infections like HIV or Hepatitis B
- Care costs, whether professional or gratuitous, can all be factored into special damages compensation
- Travel to and from essential medical appointments, such as the purchase of petrol, taxi fares, or accessibility-friendly transport
- Psychological support, including the cost of counselling or therapy
However, in order to seek reimbursement for your losses, you must supply evidence. This can involve using bank statements for essential care, medical invoices, and payslips for wages.
For further information on the financial losses you could claim back as part of the needlestick injury claims process, please get in touch with our advisors today.
4.8 (466 reviews) Needlestick Injury Compensation Claims Process
The needlestick injury compensation claims process is multifaceted, involving getting appropriate medical care, collecting evidence, and seeking trusted legal advice. If you have recently suffered an injury, follow this streamlined step-by-step process to prioritise your health and strengthen your legal position:
Seek Medical Treatment
Needlestick injuries can have significant consequences, including tendon or nerve damage and the transmission of bloodborne viruses. Therefore, seeking urgent medical evaluation is essential to assess the risk and, if required, receive post-exposure prophylaxis (PEP).
In addition to protecting your wellbeing in the short and long term, taking this vital step creates an official record of the extent of your needlestick injury. This can prove valuable if you make a claim.
Collect Evidence
When it is safe for you to do so, gather as many documents related to the needlestick incident as possible. This can include:
- Workplace training logs and descriptions of the personal protective equipment you were provided.
- Relevant correspondence with the institution where your injury occurred.
- If there is an accident report book, ensure the injury is recorded with the date, time, and details of how the needlestick injury occurred.
- Your medical records showing the extent of harm from your needlestick injury and any treatments you may be undergoing, such as post-exposure prophylaxis.
- Take photographs of your wound and where the incident occurred.
- The details of those who might have seen the accident. A solicitor can use this contact information to obtain valuable eyewitness testimony to support the basis of your claim.
Report The Accident
As noted above, ensure the accident is reported either in the workplace accident book or directly to the medical practice where the needlestick injury occurred. This again serves as an official record of the incident, helping establish a chronological order of events and supporting your account. You can use these reports as evidence if you later decide to pursue a claim.
Keep Ongoing Records
Keeping a diary of how the needlestick injury affects you can provide personal insight into how your day-to-day life is impacted. This written account can document your pain levels, symptoms, and any relevant physical and psychological reactions. Additionally, keep track of any medications, medical treatments, and related expenses.
Get In Touch With A Personal Injury Solicitor
Connecting with a specialist personal injury solicitor can provide invaluable support for your needlestick compensation claim. They are able to handle all legal complexities on your behalf, provide clear guidance throughout the claims process, and negotiate a settlement that reflects the full impact of a needlestick injury. Here at Legal Expert, our solicitors provide their services entirely on a No Win No Fee basis
How Long Will I Have To Make A Needlestick Injury Claim?
You will generally have 3 years from the date of the incident to start your needlestick injury claim. This time limit is established under the Limitation Act 1980, which sets a window for claims to ensure they are not brought indefinitely.
If you’re pursuing a medical negligence needlestick injury claim, time limits differ slightly. Specifically, the 3 years can be counted from either the date of the substandard care or the date you realised that negligence occurred.
Additionally, there are a few exceptions, so please get in touch with our advisors today and check our limitation period guide for further information.
Claiming For Needlestick Injuries With Our Expert Solicitors
Here at Legal Expert, our dedicated solicitors have years of experience helping clients claim for needlestick injuries and other forms of physical and psychological harm. By providing a tailored approach, we can help you to focus on your recovery whilst your legal representative handles every aspect of the claims process on your behalf.
How Legal Expert Can Help With Needle Injury Compensation Claims
Our solicitors are specialists in navigating the complexities of needle injury compensation claims. With a commitment to client care and extensive knowledge of personal injury law, we will work tirelessly to secure a settlement that reflects the physical, psychological, and financial harm you suffered.
We appreciate that a needlestick injury can be profoundly distressing, and you deserve compassionate support from a team that understands your specific situation. When you choose to work with one of our solicitors, you can benefit from:
- Regular updates about the progress of your case
- Clear, concise explanations of complex legal terms and the claims process itself
- Assistance with connecting you to specialists who can support your long-term recovery
- Expert management of all legal communications with the involved parties
- Help with gathering documents to build a strong body of evidence
- A supportive space where you can express any concerns and questions you might have
Needlestick Injury Claims On A No Win No Fee Basis
At Legal Expert, our solicitors offer their services to clients navigating the needlestick injury claims process on a No Win No Fee basis through a contract called a Conditional Fee Agreement. This simply means that:
- You will not have any upfront service fees to pay for a solicitor to start working on your case
- You would not face ongoing service fees whilst your claim progressed
- You will have nothing to pay in service fees for your solicitor’s work if your case were unsuccessful
If your case were successful, then a pre-agreed success fee would be deducted from your compensation. This deduction is a capped percentage in accordance with the Conditional Fee Agreements Order 2013, so you would receive the bulk of your compensation. Your solicitor will discuss this with you before your claim commences, ensuring you are fully informed about the percentage to be taken upon a successful claim.
Contact Our Solicitors
If you are looking for legal representation that will always have your best interests at heart, please get in touch with our advisors today to find out if one of our expert solicitors can help you pursue a needlestick injury claim. You can contact us anytime by:
- Calling 0800 073 8804
- Contacting us online
- Speaking to an advisor using our live chat
Needlestick Injury Claims FAQs
Read our answers to some frequently asked questions about needlestick injury claims.
How Common Are Needlestick Injuries?
There are no definitive statistics for how common needlestick injuries are, but NHS Resolution recorded 1,947 claims between 2012 and 2022.
How Many Sharps Injuries Occur Annually In The UK?
According to the Royal College of Surgeons of England, approximately 100,000 sharps injuries occur annually in the UK.
Who Is Most At Risk?
Refuse collectors, care workers, and medical professionals are most at risk of needlestick injuries.
What Tests Are Done After A Needlestick Injury?
Blood tests are commonly done after a needlestick injury to detect bloodborne viruses, such as HIV and Hepatitis B or C.
More Information
Why not read our other guides about:
- How to claim for a leg injury
- How much compensation for a dislocated injury claim
- Claiming for a refuse collector or bin man injury
Helpful external information:
- Government information on bloodborne viruses in healthcare settings
- Raising awareness regarding needlestick injuries in the healthcare sector
- How to manage a period of sickness and return to work from the Health and Safety Executive
Thank you for reading our needlestick injury claims guide, and please reach out if you have any questions.
Needlestick Injury FAQs
How Common Are Needlestick Injuries?
There are no definitive statistics for how common needlestick injuries are, but NHS Resolution recorded 1,947 claims between 2012 and 2022.
How Many Sharps Injuries Occur Annually In The UK?
According to the Royal College of Surgeons of England, approximately 100,000 sharps injuries occur annually in the UK.
Who Is Most At Risk?
Refuse collectors, care workers, and medical professionals are most at risk of needlestick injuries.
What Tests Are Done After A Needlestick Injury?
Blood tests are commonly done after a needlestick injury to detect bloodborne viruses, such as HIV and Hepatitis B or C.
