Here you will find information on the Needlestick injury Protocol. Needlestick injuries can be basically defined as wounds which are caused by needles or other sharp objects that accidentally break the skin, resulting in possible exposure to blood or other bodily fluids. Therefore, those working in the medical profession are more at risk, simply because they come into contact with needles and other sharp objects on a fairly regular basis.

While the initial pain may be minor and temporary, the greater concern is due to the risk of having contracted a disease as a result. So the mental pain is usually considerably greater than the physical. Anyone is potentially at risk of being injured by needles, but, apart from those in the medical profession, cleaners, prison and police officers and those working in waste disposal are in occupations which constitute a comparatively greater risk.

The majority of accidents occur through the needles being recklessly thrown away or being disposed of in an incorrect manner. For example, all hypodermic needles used in hospitals, should be put into a special sharps bin; putting one into a normal refuse bin could result in the needle piercing the bag and risking injury to a worker.

Prevention

With such a risk therefore, those in regular contact with needles should take care when handling or disposing of them. There should always be sharps bins available and needles should be placed in these special bins which should not be full to the top. Training should be given to workers handling needles and they should also be provided with suitable equipment, such as special gloves. Workers should never be expected to handle needles with their bare hands and equally, should not be asked to place their hands in places they cannot see, such as inside a drain.

Making a claim

Those who do suffer a needlestick injury may be entitled to make a claim for compensation, which would take into account pain and suffering, lost income for any time spent absent from work, the cost of any treatment needed and any other financial loss suffered as a result of the injury.

For an NHS worker for example, to make a successful claim they will have to establish that the claimant was acting in the course of their employment and also that the needle pierced the skin, though it does not have to be determined that the person has contracted a disease such as HIV as a result. The eventual compensation award will however take into account the mental anguish that can be caused to a victim in that intervening period between getting the injury and finding out whether or not they have contracted a disease.

What to do before making a claim

Firstly, in the event of a needlestick injury; follow first aid procedure by holding it under running water to get blood out, then later drying it and covering with a plaster or dressing. Then seek urgent medical advice by attending the nearest accident and emergency department. If the accident occurred at work you should also notify your employers.

Claims for injuries suffered at work fall under legislation covered by the Health and Safety at Work Act 1974 which imposes a duty on employers to provide for the health and safety of their employees. By failing to prevent such injuries occurring, the employer may well be found to be in breach of regulations

Time limits

All personal injury claims must be made within three years of the date of the accident. This is governed by the Legislation Act 1980.

Procedure

The procedure starts with the making of a statement of claim.

• The claimant should, after committing themselves to making a compensation claim send two copies of a letter of claim to the defendant, which will contain general information about the accident and the injuries suffered.

• Once the letter of claim is received by the defendant, they have 21 days in which to respond. If they fail to do so within this timeframe then the claimant will be able to begin legal proceedings.

• The claim will then be investigated and the defendant will either admit liability at this stage and attempt to reach a settlement out of court, or will seek to deny liability, so ensuring the legal process continues.

• If the exchange of letters, known as the pre-action protocol, does not produce an agreement and the case does go to trial, the case will be allocated one of three tracks. The small claims track which has a £5,000 limit; the fast track for cases worth up to £15,000, while multi-track cases are for those with a value of over £15,000. The aim of dividing cases into the three tracks aims to ensure faster settlements.