Holiday Accident Claims & Holiday Illness Compensation

Whether you travel for business or pleasure, accidents can happen. It is an unfortunate fact that whilst many holiday makers, and workers, enjoy problem-free trips away, individuals are still injured every year. Regardless of whether you were travelling for business or pleasure an injury abroad can become a very daunting experience. We are here to help.

Am I entitled to claim for an accident abroad?

Tour operators have a duty, under the Package Travel Regulations, to ensure that you, the holiday maker, are not exposed to an unnecessary risk of injury whilst staying in a foreign country. The transport operator is duty bound to ensure that the safety of their customers is not unduly compromised.

Likewise, those working abroad can bring a claim against an employer provided you were employed by a company based in the United Kingdom (at the time of your accident) or your employer has a registered office or place of business within the UK.

This claim will be dealt with is the same way as an accident at work. If you work, or have worked for a foreign employer, you should seek specialist legal advice to see what options are available to you.

Had a personal injury abroad?

EPIL can help you make a compensation claim for an accident abroad. Our team have X years of experience claiming compensation following illness or accidents abroad in a wide range of circumstances, including:

  • Road traffic accidents
  • Food poisoning and gastric illness
  • Legionnaires' disease
  • Bacterial infections
  • Slips, trips and falls
  • Accidents at sea
  • Skiing and sports injuries
  • Medical negligence
  • Criminal and sexual assaults
  • Hijacking and terrorist incidents
  • Serious injuries
  • Accidents whilst working abroad

It is worth noting that the above list is not exhaustive and there are a whole host of other accidents and illnesses and various circumstances that can be applicable.

Types of holiday illnesses

If you’ve suffered from one of the situations that we’ve mentioned above, there is a chance you may have contracted one of the following:

  • Salmonella – often found in raw poultry.
  • Campylobacter – a common cause of food related illnesses. It spreads very easily from uncooked to cooked foods and requires only a few bacteria to cause illness.
  • Ecoli – most strains of E Coli are completely harmless to the body but there are strains that are very dangerous, in particular E Coli o157 which can be found in water supplies.
  • Typhoid – this is transmitted through the ingestion of contaminated food or water and contaminated faeces.
  • Cyclospora – usually caused by consuming food or water contaminated with the parasite, Cyclospora cayetanensis.
  • Cryptosporidium – a parasite commonly known as “Crypto.” Protected by an outer shell, this parasite is particularly resistant to chlorine disinfectant, and is commonly spread through consumption of unclean water.
  • Bacteria such as campylobacter, E. coli and salmonella are the most common causes of holiday sickness.

Large groups of hotel guests often get ill at the same time because they’ve all eaten from the same buffet, particularly on All Inclusive holidays.

Package holiday accident claims

If you were injured in an accident or became ill whilst you were on a package holiday, it is important to determine whether you are covered by the Package Travel, Package Holidays and Package Tour Regulations 1992.

Your holiday could be covered under these regulations if it includes a combination of at least two of the following examples:

  • Your accommodation, transfers/transport, or any other type of tourist service that is not part of the accommodation and or transport. For example, a planned activity or a particular excursion. It’s key to remember that at least two of these must have been arranged prior to your trip as part of a package.
  • If you paid for the holiday as part of one single invoice to a single company.
  • Overnight accommodation lasted for more than 24 hours.
  • It is important to know whether your accident is covered by the Package Travel, Package Holidays, and Package Tour Regulations 1992 as this can help you with your claim.

    When these regulations apply then responsibility can be placed directly on the tour operator for any personal injury or accident that you or your family have been involved in as long as it occurred through someone else’s negligence.

    These regulations apply no matter whether your holiday was within or outside the UK. They cover you if you suffer any illness whilst on vacation which includes:

    • Legionnaires disease
    • Food poisoning

    These regulations allow claims to be brought under English Law in circumstances where our Courts accept jurisdiction for the action.

    Claiming for a family member involved in a fatal accident abroad?

    If a loved one has been involved in a fatal accident whilst abroad on holiday, you will be able to claim on their behalf. This is provided you are a family member of the deceased or you are classed as a dependent, this being their child, partner, spouse, or any other family member that relied on the deceased financially.

    Fatal holiday accident claims can include compensation for the following:

    • Bereavement award
    • Funeral expenses
    • Medical expenses

    The Athens Convention 1974

    If you have fallen ill or injured whilst on a cruise you should be covered by the Athens Convention . For all “ship-related” cases, however, you must be able to prove that your illness or injury was caused by the cruise line operator.

    We can help with holiday illness claims

    At Essex Personal Injury Lawyers our highly trained staff are equipped to recover compensation following an accident abroad or assist with holiday illness claims. We are able to get the best out of a bad situation which is often made more difficult when the claim is being pursued overseas. If you believe that you or a family member have grounds for a claim, contact us today.

    Most personal injury overseas claims we handle are made in England and Wales. It can sometimes be the case that jurisdiction for such matters are rejected by the UK Courts or it could simply be more beneficial to make your claim abroad. We can advise you on this in a free initial consultation about making a claim.

    Please do not hesitate in contacting our team.

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