Who Can Claim for a Needlestick Injury

Advice and Assistance from Cohen Cramer

Who can claim for a needle stick injury?

Who can claim for a needle stick injury? Anyone who has suffered an accident due to a discarded needle stick, sharps or hypodermic needle is entitled to claim compensation and damages for both the mental and physical injuries

The accident may have happened to you while you were at work – this type of injury most commonly occurs to care workers, nurses, refuse collectors and contract cleaners or you may have been visiting a place where needles are used on a regular basis such as a hospital or care home. It may be that you come into contact with a discarded needle or sharp because someone has failed to clean a hotel room before you booked in.  The only condition to bringing a claim is that you suffered an injury as a result of someone’s negligence and we can advise you as to the chances of success.

To bring a claim you don’t have to have caught a blood-borne virus (BBV) such as hepatitis or HIV.  You can claim purely for the distress and upset that the incident caused to you as well as the side-effects of any treatment you received and financial losses you sustained as a result of the accident.

Accidents involving discarded needle sticks, sharps and hypodermic needles can happen to anyone at any time although some professions are more prone to this type of accident than others.

Contract cleaners and Council workers

You can claim compensation if you have had a needlestick accident while employed to clear land or property. You can claim damages for your injury, stress and worry.

If you are employed to clear land or property then you must be provided with the correct personal protective equipment to make sure that you are safe when carrying out your job. This should include the correct gloves, footwear etc as well as making sure that the procedure you are required to carry out is safe.

We have successfully acted for a number of contract cleaners who have been required to clear areas of land or property that have had a high-risk factor but due to inadequate Personal Protective Equipment (PPE) or risk assessment, there has been an accident involving a discarded needle stick or similar sharp.

You can claim compensation and damages if you are a council worker and have had a needle stick, hypodermic or similar injury while at work.

You can claim for the injury, stress, and worry caused by the accident.

Nurses, care workers, and dental staff

People who work in the medical profession such as nurses, care workers and dental hygienists and surgeons have a high risk of injury from a needle stick, hypodermic, carver or other sharp instrument and due to the nature of the work injuries and accidents are not uncommon.

You can claim compensation and damages if you have an accident and injury with a discarded needlestick, hypodermic needle or sharp while working in a care home or a hospital. It may be that a colleague has placed a sharp in the wrong container or bin or the needle was incorrectly wrapped after use. Whatever the cause, you are entitled to claim compensation and damages for your injuries and losses.

The RCN has stated that in a recent survey 48% of nurses who replied said that they had, at some time in their career, been stuck by a discarded needle or sharp. Most of these could be avoided and the employers would in most cases have been liable for the injury and stress resulting from the incident. It doesn’t matter that the injury was caused by someone else; your employers are liable for the actions and mistakes of your colleagues.

The same applies to care workers, orderlies and cleaners. If you work in the health sector your employers are under a duty to treat you fairly and protect you from harm and, if that trust is breached, you can claim damages and compensation.

Needlestick injuries in a Hotel or other rented accommodation

If you sustain injury from a discarded used needle stick in, say, a hotel room or holiday home then you could bring a claim as the owner of the property may have failed to take all reasonable steps to ensure your safety while you were on their premises. This can cover a failure on the part of the cleaning staff to ensure that all rooms are free from potential hazards, including discarded needles before you arrive.

Hospital patients and visitors

You can claim compensation and damages for your injury if you have an accident involving a discarded needle stick, hypodermic or other sharp while visiting a hospital as a patient or to visit a patient.  You can claim for your injury, stress and worry.

It may be that a nurse has placed a sharp in the wrong container or bin or the needle was incorrectly wrapped after use. There have been needles simply being left lying around in bathrooms. Whatever the cause and regardless of who was responsible you are entitled to claim compensation and damages for your injuries and losses.

Whatever your employment and however the accident happened, here at Cohen Cramer we can help you claim the compensation and damages you deserve.

To see if we can help get in touch with us today:

  • call: 0113 224 7804 (24 hours)
  • email: enquiry@cohencramerpi.co.uk
  • pop your details into the contact box at the bottom of this page and we will get back to you

For the Quality Legal Service you deserve.

 

If you have sustained a needlestick injury make sure you obtain the correct medical treatment