Q. I am a housekeeping assistant at an NHS trust. Recently I was emptying a waste bin and as I lifted a rubbish bag by its neck I felt a sharp pain in my hand and dropped the bag in shock. I realised that I had been stabbed and when I looked to see what it was, I discovered that a dirty needle was sticking out of the bag. I was told by the nurse who cleaned my hand that there was nothing to worry about, but since then I have been unable to sleep properly and have been worrying constantly that I may have caught a disease. Can I sue the trust?

A. Needlestick injuries are among the most common that employees who work for hospitals can receive and the public sector trade union Unison has campaigned to make hospitals use a kind of needle that cannot cause this kind of injury when discarded. It is only possible to recover compensation for these injuries if it can be shown that the employer was at fault.

Used needles should not be left in unmarked rubbish bags and your trust is responsible for training staff so that they know this. So if the bag was not marked, then you probably do have a case.

Thompsons recently took a case very similar to yours in which an auxiliary worker was cut by a scalpel and a syringe. When the bag she lifted was opened it was found to contain several used syringes. The victim was given blood tests, which all proved negative, and she also received telephone counselling from Occupational Health. If you haven't been offered blood tests and counselling you should ask for them.

Eventually the case was settled for £750, although the trust did not admit liability. That is the average compensation payout in these cases and although the money cannot properly compensate for your injury and the worry that you have been through it can make it easier to cope.

If you are a member of a trade union then your first step should be to contact your union rep to see whether you are entitled to help under the union legal assistance scheme. If you are not then you should contact a specialist personal injury law firm such as Thompsons. Your initial interview is free of charge.

Please remember that if you do wish to pursue a claim for personal injuries against the person or organisation responsible that there are very strict time limits. Generally speaking, you must start court proceedings within three years of your accident or the court will not consider your claim.

• Rachel Sarfas is managing partner at Thompsons Solicitors.