Body Piercing Injury
Compensation Claims

If a piercing injury has set you back, we'll help you move forward

Body piercing injuries include infections, allergic reactions, and scarring, often from unsanitary practices or improper aftercare. Infections from body piercings can lead to claims for improper procedure and follow-up care.

If your life, or the life of a loved one, has been affected by injury or illness caused by piercing, we can help. If your injuries were caused by the body piercer or piercing studio, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

You are not alone

A recent study by the British Medical Journal (BMJ) found that around 10% of people have a piercing at sites other than the earlobe. The study found that piercings are most popular with 16-24 year old females, with 46% of them claiming to have a piercing.

31% of these respondents reported complications - including swelling, infection and bleeding. Half of those required medical attention, and 1% of respondents were admitted to hospital.

While the procedure is generally safe when conducted by a trained professional with the correct equipment, individuals considering a piercing should be aware that risks remain. Even where the procedure is performed in a specialist clinic subsequent injury or illness is a possible outcome.

After a number of complaints and injuries, cosmetic body piercing (including ear piercing), is regulated under the Local Government (Miscellaneous Provisions) Act 1982 (legislation.gov.uk).

However, if you have been injured or become ill as the result of negligent piercing, we can help you claim compensation on a No Win No Fee basis.

If you are looking for information on infected piercings, visit: infected piercings (nhs.uk).

How much compensation can I claim for a body piercing injury?

Compensation for a body piercing injury will vary depending on:

• how serious the injury is,
• how your injury impacts both your daily life and your ability to work,
• the losses and expenses you?ve incurred as a result of your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings (including future anticipated earnings loss), retraining costs, career trajectory impact, special damages can cover any care costs and medical procedures you need, such as antibiotics, pain medication and anti-inflammatory medication.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Do I qualify for body piercing injury compensation?

Medical negligence claims differ from personal injury claims. To make a successful body piercing injury claim your solicitor will need to establish:

• you received care that was below the professionally acceptable level, and
• as a result, you experienced harm.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

How long after a body piercing injury do I have to start a claim?

For a body piercing injury claim, you usually have 3 years to make a claim from the date you became aware that the harm you suffered was caused by substandard treatment (date of knowledge).

The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.

What are the risks?

The main risk associated with all piercings is bacterial infection, although the level of risk varies according to which part of the has been pierced.

Nose piercing injury claims

Nose piercings pose a greater risk of infection than earlobe piercings as the inner surface of the nose cannot be easily disinfected. However, despite the high number of bacteria inside the mouth, tongue piercings carry a smaller risk of bacterial infection.

Ear cartilage piercing claims

Ear cartilage piercings (at the top of the ear) are riskier than earlobe piercings.

Because the skin is close to the underlying cartilage pus can become trapped, leading to infection and development of an abscess. Antibiotics do not always successfully treat this problem and surgery may be needed to remove the affected cartilage. This may lead to a deformed ear and scarring.

Abscesses may need to be surgically drained causing scarring. In some cases, blood poisoning (sepsis) may develop; or toxic shock syndrome, which can be very serious. Blood poisoning can also occur without an abscess.

Other possible problems that can occur as a result of piercing are:

• Bleeding and blood loss - especially in areas rich in blood vessels, such as the tongue.
• Swelling of the skin around the piercing.
• Scarring and the formation of keloid (a type of oversized scar).

See also:

Scar compensation claims

Other parts of the body

Piercings that interfere with the functions of the carry higher risks of causing problems. For example:

Tongue (oral) piercings can cause speech impediments and chipped teeth if the jewellery wears away tooth enamel. There is also a risk that if the tongue swells, airways will be blocked. Genital piercings can sometimes make sex and urination difficult and painful.

Although the risk of contracting blood borne viruses such as hepatitis or HIV is now low, due to registered piercing premises using disposable sterile needles and other equipment, in countries where hygiene standards are less restrictive there is a risk from dirty needles.

Other medical Issues

Medical problems may result if a customer has an allergic reaction to the metals used in ornaments.

In the case of mouth piercings this can cause respiratory, dental and speech problems.

Nerves, blood vessels and arteries may also be damaged if the professional carrying out the procedure misdirects their needle or piercing gun by even a fraction of an inch.

See also:

Allergic reaction compensation claims

Is body piercing regulated?

Cosmetic body piercing (including ear piercing), is regulated under the Local Government (Miscellaneous Provisions) Act 1982.

Additionally, under the Health & Safety at Work etc. Act 1974, all employers and self-employed persons have a general duty of care to ensure their activities do not expose employees or the general public to risks to their health or safety. This includes those engaged in piercing activities.

The Management of Health and Safety at Work Regulations 1999 require all employers and self-employed persons to undertake a risk assessment of their activities and to either remove the risk or provide control measures to reduce it as far as possible. They must also provide training to staff to ensure they understand the risks and the control measures.

In relation to piercing, one of the risks that must be considered is that of possible complications relating to the procedure of skin piercing (for example: infection, scarring, teeth damage).

Informed consent

The practitioner must ensure that a fully ‘informed consent' procedure is adopted. This means gathering information from the client about their health and suitability for the treatment, and giving the client enough information about the possible complications that could arise from the treatment for them to make their own decision.

"Failure to advise" is a factor in many clinical negligence claims, particularly surgical negligence claims, but will also be a factor in piercing and tattoo injury claims.

A claimant who has sustained injury and illness as a result of a piercing may be entitled to claim for compensation if the illness is a result of the piercing salon's negligent practice.

No Win, No Fee is the most common way to make a compensation claim.

What was the cause of your body piercing injury?

The compensation claims process will depend on where and how your body piercing injury occurred. Click the icons below for more information:

Work accidents Public places Medical negligence Other accidents

Sources

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.