Suffering from a needlestick injury at work can be a frightening experience. If you came into contact with a discarded or misplaced hypodermic needle at work and were harmed, this guide explains your options for seeking compensation in an accident at work claim.
We’ll start by explaining who might have grounds to begin a needlestick injury claim against their employer. Evidence is an essential part of a personal injury claim so we detail some steps below that you can take. Compensation can be awarded in two main areas and we explore how the calculation process works.
The final section of our guide will explain how a personal injury solicitor from our panel could help. As you read, we invite you to reach out with any questions. You can also get a free assessment of your claim by:
- Calling 0330 043 3679
- Using our online “contact us” form.
- Asking a question using the live chat.
Select A Section
- Can You Claim For A Needle Stick Injury At Work?
- How Can Needlestick Injuries Be Caused By Negligence?
- What Do You Need To Claim For A Needlestick Injury?
- How Much Compensation For A Needle Stick Injury At Work?
- How Can We Help You Make A Needlestick Injury Claim?
- Read More About Accident At Work Claims
Can You Claim For A Needle Stick Injury At Work?
There is a workplace duty of care that requires all employers to take practicable and reasonable steps to prevent their workers from suffering harm as they work. This is outlined in the Health and Safety at Work etc Act 1974 (HASAWA).
Employers are obligated to control hazards as much as possible. One step they could take is to ensure dangerous waste, such as contaminated sharps are disposed of in the correct way. Making sure the work area is regularly cleaned is another important requirement.
Failure to comply with health and safety law could make them liable to compensate you for injuries caused as a result. To be eligible to make a claim, the following must apply:
- At the time and place of your needle stick injury, a duty of care applied to you.
- The employer failed to adequately meet this duty of care.
- You suffered physical and/or psychological harm as a result.
Needlestick injuries can transmit serious diseases such as Hepatitis B or C and Human Immunodeficiency Virus (HIV). This can have long-term impact on your health and wellbeing. Therefore, if you feel confident that you were owed a duty of care, it was not met by your employer and your needlestick injury was the result, call our team of advisors to discuss your next step for seeking compensation.
How Can Needlestick Injuries Be Caused By Negligence?
There are several ways that a negligent employer could expose you to the risk of a needle sharp injury. We look at some examples:
- Hazardous waste was not clearly separated from normal waste in a hospital setting and a needle stabbed a lab technician or nurse in the hand as they put something in the bin.
- Road cleaners were not provided with proper personal protective equipment (PPE) by their employers to help prevent an accident when collecting rubbish. A sharps injury cut the hand of a worker and exposed them to infection.
It is possible to suffer a life-changing injury if you are infected by a bacteria or virus still live in the needle.
Also, it can be possible to suffer significant distress and anxiety after a needlestick injury. If the worry of contracting a blood disease impacted your ability to work or function, regardless of any infection, call to discuss your options with our advisors.
How Long Do You Have To Claim Needlestick Injury Compensation?
Personal injury claims time limits are detailed in the Limitation Act 1980. It states that the claim has three years in which to be made starting from the date of the accident. Certain groups may be subject to variations on this.
For example, the time limit is paused if the person injured was under 18 at the time. The three year limit starts when they turn 18. This means they can launch a claim independently up until the age of 21.
Time limits are frozen for claimants who lack mental capacity. If capacity returns, the three year deadline starts from the date of their recovery. Additionally, the courts may appoint a litigation friend to start a claim immediately for both these groups of claimants.
What Do You Need To Claim For A Needlestick Injury?
Evidence that shows negligence by the employer is a fundamental requirement for a personal injury claim against them. To help you in the process of gathering proof, we’ve listed some actions below that might support a claim:
- Firstly, have your medical issues attended to and then seek a copy of the findings. This could be your GP notes, the findings of a specialist or the report from a walk-in clinic or A&E department.
- Find out if any CCTV cameras caught the accident and request a copy.
- Take photographs of visible injuries and the cause of the accident if possible.
- Collect the contact information for others who saw the accident.
- Keep some formal record of your treatment and other key dates. This helps keep the details fresh in your mind.
If you think you might benefit from guidance with collecting evidence, reach out to the team. They can assess the validity of your claim and if eligible, connect you with a solicitor from our panel if you wish. As part of the excellent services they offer, they can help you construct evidence and present a much stronger argument for compensation.
How Much Compensation For A Needle Stick Injury At Work?
Two types of compensation may be applicable in a successful personal injury claim called general and special damages. General damages are calculated as a way to address the physical pain and psychological harm.
As well as infection issues, the anguish caused by needlestick injuries has the potential to cause severe PTSD in some people. To apply a figure for this, legal professionals use medical records and publications like the Judicial College Guidelines (JCG). It lists bracket amounts for numerous injuries based on their type and severity. We have put together a small excerpt from the JCG below.
It is important to note that these amounts represent just a starting point for legal professionals, not guaranteed amounts. Furthermore, the first entry comes from a different source:
Compensation Awards
Injured Area | How Severe? | Guideline Bracket | Definitions |
---|---|---|---|
Multiple Severe Types of Harm with Associated Special Damages | Severe | Up to £500,000 | This level of award would refer to several types of severe injury, including needle stick harm and the resulting long term health costs, lost earnings and rehabilitation costs. |
Bladder | (c) Serious | £78,080 to £97,540 | Seriously impaired bladder control with incontinence and pain. |
Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 to £122,850 | A profound and far-reaching trauma reaction that is permanent and radically impacts all areas of the person's future. |
(c) Moderate | £9,980 to £28,250 | The injured person will have recovered on the whole and symptoms that continue are not considered grossly disabling. | |
(d) Less Severe | £4,820 to £9,980 | Virtually a complete recovery is seen within a 24 month period, only minor persisting issues beyond this. | |
Kidney | (b) Significant | Up to £78,080 | Cases of significant future risk of urinary track infections or other loss of natural kidney function. |
Psychological Harm | (a) Severe | £66,920 to £141,240 | Significant problems posed across areas of life such as work and personal relationships with a very poor predicted prognosis for the future. |
Digestive System | Illness/Damage Resulting from a Non-Traumatic Injury (i) | £46,900 to £67,070 | Severe toxicosis, similar to an infection or reaction that greatly impacts overall quality of life. |
Spleen | (a) Loss of Spleen | £25,380 to £32,090 | The spleen is lost and there is a continuing risk of internal infection and damage to immune system |
Special damages reimburse the claimant for financial harm created by their injury. Please be aware that it is not possible to claim special damages on their own. There must be underlying physical or psychological harm present as the reason for financial loss. You may have documented evidence like the following:
- Payslips that show a loss of earnings.
- Proof of impact on your pension, attendance bonus or overtime.
- The invoices for domestic help.
- Fees for medical services, rehabilitation and future care costs.
- Receipts and tickets for essential travel.
- Receipts for prescription medications.
Rather than leave a vital expense out of your claim, or under-calculate future costs, why not see if a solicitor could help? Call the team for immediate guidance on your options.
How Can We Help You Make A Needlestick Injury Claim?
Accurately calculating compensation is just one way that a personal injury solicitor from our panel can help. They can also gather statements, submit the claim on time and strive to get you the best settlement.
Many people have concerns about the costs of starting a personal injury claim with a solicitor. However, we offer a potential solution to this concern. The solicitors on our panel can offer all these excellent services through a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract. Starting a claim in this way means:
- The solicitor asks for no initial fees to secure their services.
- No fees apply as the claim moves forward.
- No solicitor’s fees for completed services apply at all if the claim outcome is unsuccessful.
- A success fee from the compensation applies if the claim wins which is a percentage of the payout. This fee is subject to a legal cap, therefore you benefit the most.
Why not discover if an arrangement like this could help your claim? It takes only minutes to chat over the specifics of your case with our advisors. If you qualify. they could connect you with experienced and excellent legal representation today:
- Call 0330 043 3679 to chat about your needle stick injury at work claim.
- Also, you can use our online “contact us” form.
- Ask a question using the live chat.
Read More About Accident At Work Claims
As well as this article on a needle stick injury at work, you might find these other guides informative:
- Guidance on how to report an accident at work.
- In addition to this, you may be asking ‘Can my employer sack me?‘ for starting a claim, if so, read here.
- Lastly, advice about needle stick accidents on public transport may help.
Helpful external resources:
- Here is a useful guide about understanding HIV
- Also, personal protective equipment at work advice from the Health and Safety Executive (HSE).
- Information on testing for Hepatitis from GOV.UK.
In conclusion, we appreciate you reading our guide on a needle stick injury claim at work. Also, for any other guidance on this topic, or for personal injury claims in general, please connect on the contact options above.