Sharps injury – how much compensation?

Needle with drop of bloodI am often asked how much compensation might be expected after a sharps injury, and this is one of the common search terms used when visiting the Clinical Waste Discussion Forum.

For most ancillary workers and waste handlers, expect around £3k, though with legal fees the defendant might expect the cost to fall between £7-10k.

In one notable case here in London, a young doctor suffered a sharps injury and claimed post-traumatic anxiety and stress symptoms that made it impossible for her to handle a needle again. This blighted her career and in the High Court she picked up £500,000!  But not so for the rank and file who fare much less well.

Now a recent South Australia case a mum of four has been awarded $494,750 compensation after a holiday unit needlestick incident. The Claimant lived for 18 months with the fear of getting HIV after being stuck by a needle in a “filthy” Brisbane holiday apartment and says she has never recovered from the anxiety of having repeated “indeterminate” HIV test results, until finally getting the all-clear. “It’s ruined my life”.

We should be pleased for the Claimant, that she has finally been shown not to be infected with HIV. The sum awarded, plus no doubt not inconsiderable costs will be picked up by the insurance company. That sum total is the true cost of a sharps injury, which pays more for the post-injury psychological damage than physical injury. Quite rightly, this shows some recognition of the sometimes profound stress and anxiety that can follow sharps injury. In the UK and UK, solicitors are becoming well aware of this and plan their case accordingly, so expect the defence to demand ever more stringent tests to conform the validity of psychological trauma.

Regrettably, there still seems a considerable divide in the sum awarded with compensation payments ranging from £3k to £500k. But then, life is not fair.

 

 

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