Needle Stick Injury at Work – A Guide to Claiming Compensation

Needle stick injuries can result in the transmission of very serious diseases which, in some cases, can be life-changing. Even if you aren’t made ill from a needle stick injury, you could suffer psychologically while waiting weeks or months for test results to be confirmed. If you have suffered a needle stick injury at work, you might be entitled to seek compensation for any type of suffering you’ve endured. As such, this guide explains how needle stick injury claims work, how to start the claims process and how much compensation for needle stick injuries could be awarded.

We can help if you have any queries about needle stick injury compensation claims because we offer a completely free initial consultation. During your call, a specialist will listen to what happened and how you’ve suffered as a result. They’ll also offer no-obligation advice about the options available to you. If you decide to make a needle stick injury claim and your case is feasible, we could partner you with one of our specialist accident-at-work solicitors. If they agree to represent you, they’ll work for you on a No Win, No Fee basis so there’s no need to pay for their work unless you are compensated.

To check if you have a needlestick injury claim, you can:

• Call our legal advisors on 0333 241 2519 now.
• Use our 24/7 live chat service.

Read on to learn more about how to claim compensation for a needlestick injury or contact our team if you need further advice.

What Is a Needle Stick Injury?

A needle stick injury (or sharps injury) is where a sharp implement pierces your skin inadvertently. Generally, wounds caused by scalpels, syringes and needles aren’t too serious. However, there is a risk that if the needle stick is contaminated, the injured party could contract a range of diseases.

According to NHS Resolution, there were 2,600 needle stick injury claims made against the organisation for incidents in the period 2012 – 2022. Many of these claims (around 1,460) were made by cleaners, maintenance staff, porters and other ancillary staff and over 400 were made by clinical staff.

What Can Employers Do To Prevent Workplace Needle Stick Injuries?

To try and prevent needle stick injuries in the workplace, managers of hospitals, care settings and other high-risk working environments should:

• Ensure staff are trained on how to use and dispose of sharps safely.
• Provide adequate sharps bins and warning signs.
• Conduct regular risk assessments on the ward to check for potential hazards.
• Ensure sharps bins are emptied regularly.
• Supervise junior staff to ensure they adhere to safety guidelines and dispose of sharps promptly and safely.

If safety standards are not implemented or drop below adequate levels and you suffer a needlestick injury as a result, you may have grounds to seek compensation for any suffering caused.

Can I Make a Needle Stick Injury at Work Claim?

If you’re an employee who has suffered a workplace needle stick injury, you might have grounds to claim for any subsequent suffering. That’s because all employers (including the NHS and private healthcare providers) have a duty of care to keep their workers safe.

Laws that can help to establish this legal obligation include:

• Control of Substances Hazardous To Health Regulations 2002 (COSHH).
• Health and Safety at Work etc. Act 1974.
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
• Management of Health and Safety Regulations 1999.

As such, it may be possible to claim needle stick injury at work compensation if the following criteria are all true:

• You can show that you were owed a duty of care by your employer.
• You sustained a needle stick injury as a result of your employer’s negligence.
• The needle stick injury caused you to become ill or suffer psychologically.

It is important that you can prove how your accident occurred and who caused it if you’re to make a successful claim. As such, we’ll look at the specific evidence you could use to strengthen a needle stick compensation claim shortly.

Can I Be Sacked for Making a Needlestick Injury Claim?

Claiming compensation caused by employer negligence is not grounds for any type of disciplinary action. As such, if you claim for a needle stick injury at work, you should not be fired, demoted, punished, picked on or bullied in any way. Such actions may give you grounds to seek further compensation for unfair or constructive dismissal.

However, an employer could discipline you if you suffered a needle stick injury because you failed to adhere to the organisation’s safety procedures. Even then, though, you would probably expect to go through the company’s disciplinary procedures rather than being sacked straight away.

What Should I Do If I Sustain a Sharps Injury at Work?

If you experience a needle stick or sharps injury in the workplace, you should:

• Seek medical attention without delay, even if the injury seems minor. Visit your GP, or go to A&E if necessary, for an assessment and to discuss any potential risk of infection, such as Hepatitis B or C or HIV.
• Report the incident to your employer as soon as you can, both in person and in writing, to ensure it is documented.
• Request a copy of the accident report form to confirm that the incident has been logged as required by law.

Following these steps after a needle stick or sharps injury ensures that a) you receive appropriate medical care and b) your employer is made aware of the incident and any risks, allowing them to implement measures to prevent similar incidents in the future.

What Evidence Can Be Used for a Needle Stick Injury Claim?

In general, you are unlikely to win compensation for a needle stick injury unless you can present evidence that shows a) that you were involved in an accident that caused a needlestick injury, b) that your accident was caused by employer negligence and c) how you’ve suffered as a result.

Some examples of evidence you could use to present as strong a case as possible include:

• CCTV footage of the accident if the incident was recorded.
• Medical evidence confirming any diagnosed conditions that can be linked to the incident.
• Independent reports to prove any psychological suffering you are claiming for.
• Photographs that show the cause of your needle stick injury.
• Pictures of any visible symptoms i.e., bruising, swelling or infection.
• Details of any colleagues or patients who can verify your version of events.
• Any correspondence from your employer about the incident.
• A copy of an accident or incident report that confirms what occurred.

In some cases, further evidence could be collected by an accident-at-work solicitor if one decides to help you claim. For instance, they might ask for a copy of an internal NHS investigation report or one from the HSE if the incident was investigated.

How Long Do I Have to Claim Needle Stick Injury Compensation?

Workplace injury claims have a 3-year time limit as set by the Limitation Act 1980. This 3-year period will normally start for most claimants from either:

• The date they sustained the needle stick injury.
• When a medical professional diagnosed a disease or condition caused by the needle stick injury.

Crucially, preparation time is needed before a needle stick compensation claim is filed. For instance, your solicitor might need to wait to receive investigation reports, medical records or witness statements before filing your claim.

As such, we suggest that you begin the claims process as soon as you possibly can to try and ensure that you don’t miss out on any compensation you’re entitled to.

How Much Compensation for Needle Stick Injury at Work?

If you successfully claim for a needlestick injury at work, you’ll receive compensation for your suffering. This payout will aim to compensate you for:

• Physical and psychological suffering as well as any loss of amenity (general damages).
• Any costs, financial losses or expenses linked to your sharps injury (special damages).

General damages payments can vary widely and are largely dependent on the severity of your injury.

The types of special damages that could be included in a needle stick injury compensation payout include:

• Travel expenses such as fuel and parking costs for hospital appointments.
• Medical costs including treatment at a private hospital in some cases.
• Loss of earnings (short-term).
• Care and support costs i.e., the time a loved one spends supporting you while you’re injured.
• Future loss of earnings if you contracted a disease that reduces your chances of earning in the future.
• The cost of adapting your home if the needle stick injury causes long-term disabilities.

If your claim is taken on by one of our accident-at-work solicitors, they’ll use their experience and training to try and ensure all aspects of your suffering are included in any compensation payout you are offered. Crucially, this should factor in any future suffering as well as any you’ve already had to deal with.

Will I Need a Solicitor to Make a Needle Stick Injury Claim?

When claiming for a needle stick injury at work, you may need to deal with complex legal and medical evidence. Because of this, you might decide to seek support from a solicitor who specialises in accident-at-work claims.

If your claim is handled by one of our accident-at-work solicitors, they could make the claims process easier by:

• Collecting evidence to prove your case.
• Filing your claim with NHS resolution or your employer’s insurers on time.
• Managing all negotiations throughout the claims process so you don’t need to be involved.
• Letting you know how the case is progressing with regular updates.
• Trying to ensure that any compensation offer received covers all aspects of your suffering.

As you can see, not only could hiring a solicitor make the claims process easier but it could also mean you are paid a higher amount of compensation than you might otherwise expect.

Additionally, our solicitors use a Conditional Fee Agreement (CFA) so that they can offer No Win, No Fee claims for any case they agree to work on.

If you are sent a CFA, it will explain that:

• You’ll only pay your solicitor for their work if the needle stick claim is won.
• A percentage of your compensation will act as your solicitor’s success fee if the claim is won.

If you do receive a compensation payout, the maximum success fee percentage you’ll pay is 25 per cent of your settlement.

To see if you could claim for needle stick injury at work compensation on a No Win, No Fee basis, please call our helpline today.

How Long Will My Needle Stick Injury Claim Take?

Compensation claims for needle stick injuries at work can vary in length depending on a few typical factors.

For instance, if your sharps injuries are minor and you recover quickly, compensation could be paid within 6 months.

Conversely, more complex claims, such as needle stick injuries involving long-term health concerns like HIV, may take a year or longer. This allows time to fully assess the impact of your injuries on your life and ensure the claim reflects your needs.

To find out how long your claim might take, please get in touch with our legal advisors now.

Contacting Us About a Needle Stick Injury at Work Claim

Please reach out to us if you’d like advice on how to claim compensation for a needle stick injury at work. To do so, you can

• Contact our legal advisors by calling 0333 241 2519.
• Connect to one of our online advisors via live chat.

There’s no obligation to take action after your call but if you do decide to proceed with a needle stick injury claim and one of our solicitors offers to help, your claim will be managed on a No Win, No Fee basis.