What is a needlestick injury claim?

A needlestick injury, sometimes referred to as a ‘sharps injury’, is when you are hurt by a hypodermic needle or scalpel that could be contaminated by a dangerous substance. They most commonly occur in high-pressure medical situations, when a professional receives an injury from a hypodermic needle intended for – or already used for – a patient.

Needlestick injuries can also occur outside of medical settings; for instance, it is possible to encounter carelessly discarded needles, including those used for drug activity, in the course of other professions, such as waste disposal or malicious criminal attacks.

While needlestick injuries may seem minor on the surface – the puncture wounds are not dangerous themselves – they carry a significant risk of infection from potentially deadly conditions, including hepatitis B, hepatitis C, tetanus and HIV. Such injuries can also cause significant psychological trauma.

As the potential consequences of a needlestick injury are so severe, it is critical that those who are at risk of coming into contact with hypodermic needles are protected with the correct equipment and procedures. Where this isn’t the case, and you suffer as a result, you could be entitled to make a needlestick injury claim.

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What should I do if I receive a needlestick injury at work?

Regardless of whether the injury was caused by a sterile needle or one of unknown status, it's essential to treat every needlestick injury immediately, wherever you are, and then to seek urgent help from medical experts.

If you've suffered a needlestick injury, initially you should follow these steps as a priority:

1. Rinse the wound with clean water, allowing blood to flow freely
2. Place antiseptic liquid or soap on the wound, but don't rub it in
3. Dry the wound with a sterile pad or dressing
4. Cover the wound with a sterile pad, dressing or plaster
5. Seek urgent help from your GP or nearest A&E department

Importantly, if it can be done safely, you should also try to preserve the needle so that it can be analysed later, especially if it was not sterile.

What are the risks associated with a needlestick injury at work?

Even a needlestick injury from a sterile needle can cause a nasty wound and severe bruising, and that's assuming you did not receive any of the solution that may have been in the syringe. Where you've received a needlestick injury from a needle of uncertain origin, or one that has been used by someone else, there are clear risks of serious infection.

In cases like these, serious illnesses such as Hepatitis and HIV are potential risks. That's why it is essential to seek medical treatment, and analysis of the needle concerned, whenever you have received a puncture wound from a needle.

If you have been put in harm’s way unnecessarily in the course of your employment (for instance, due to the lack of protective equipment or insufficient health and safety procedures), you could also be entitled to make a needlestick injury claim for compensation to support your recovery.

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

You will need to be able to prove that someone else’s negligence was at least in part to blame for your injuries. This should include evidence of how you sustained your injury, how severe your injury is or was, and who was to blame for your accident.

When you begin your claim, your solicitor will start by taking a detailed account of what has happened and how it occurred. From there, they will draw together the necessary evidence to support your case, which could include:

• Medical records to showcase the extent of your injuries and the impact they have had on your day-to-day life, including any test results
• Witness statements detailing how the accident occurred, or the suffering caused by your injuries
• Accident reports from your workplace (you should have submitted an incident report with your employer in the aftermath of your accident)
• Photographic evidence of the injury
• Video evidence, such as CCTV, that could have captured the accident taking place

Who pays the compensation in a needlestick injury claim?

It is important to remember that every employer has a duty of care to ensure that their employees are protected by proper health and safety measures and protective equipment wherever there is any possibility of a needlestick injury.

If this has not been the case, you may be able to claim compensation on the grounds your employer’s negligence led to avoidable harm on your part. Most employers carry employer’s liability insurance to help provide compensation and rehabilitation in cases such as these. If you are claiming against the NHS, the claim will be handled (and paid for) by NHS Resolution, the body handling disputes and claims made against the NHS.

Why should I choose Slater and Gordon?

Employers have a moral and legal obligation to ensure the health and wellbeing of their employees to the best of their ability. Where this obligation is not met, the consequences can be severely damaging, both physically and psychologically.

When handling needlestick injuries, it’s critical you have a reliable and skilled solicitor you can trust fighting in your corner. Our industry-leading team of accident at work solicitors have earned top ranking from independent legal guides (Chambers and Partners, and the Legal 500), as well as esteemed positions within the Association of Personal Injury Lawyers (APIL).

We know that moving forward involves more than just legal advice and compensation, which is why we work closely with medical professionals to determine the impact of your injuries long-term and identify any additional support and rehabilitation you may need.