Unfortunately, it is becoming increasingly common for people to sustain injuries while flying. This can happen for various reasons, such as:
- Turbulence: Sudden and unexpected air currents can lead to falls, whiplash and other injuries.
- Baggage Falling: Heavy pieces of baggage falling from racks can cause serious injuries to both passengers and cabin crew.
- Loose objects: Sharp or dangerous objects that may become loose on board and not handled properly can lead to cuts and other injuries.
- Fire: A fire in an aircraft can lead to serious burns, smoke inhalation and other injuries.
Accident during take-off or landing: An accident during take-off or landing can lead to fatal or very serious injuries.
In all these cases, victims are entitled to compensation. The amount of compensation depends on the severity of the injuries, the costs incurred and the loss of income.
It is important to know that in the event of injury caused by flying, you are entitled to:
- Reimbursement of medical costs: This includes all costs of medical treatment, including hospitalization, operations, medicines, domestic help and physiotherapy.
- Compensation: Compensation for the pain, suffering and inconvenience you have experienced as a result of the injury.
- Compensation for property damage: This includes the cost of damaged clothing, luggage and other personal belongings.
- Loss of income: If you are unable to work due to your injury, you are entitled to compensation for your lost income.
- Compensation for future damage: If you have suffered permanent damage as a result of your injury, you may also receive compensation for future costs, such as additional medical care or adjustments to your home.
Personal injury to airline staff
In addition to passengers, airline employees can also sustain injuries while flying. This can happen during the performance of their duties, for example:
- Baggage handlers: Back problems due to lifting heavy pieces of luggage, hand injuries due to pinching luggage or falls due to slippery floors.
- Cabin crew: Burns from hot coffee or tea, falls while serving meals or injuries from turbulence.
- Pilots and on-board technicians: Hearing damage due to noise in the cockpit, stress due to long flight times or back problems due to sitting for long periods of time.
In all these cases, employees are entitled to compensation from their employer. The employer has a duty of care to ensure a safe working environment. If the employer breaches this duty of care and an employee suffers injury as a result, the employer is liable.
The employee can claim, among other things, the following compensation:
- Wage costs: The wages the employee has missed due to the injury.
- Non-pecuniary damages: Compensation for the pain, suffering and inconvenience suffered by the employee as a result of the injury.
- Compensation for medical expenses: This includes all costs of medical treatment, including hospitalization, surgery, medications and physiotherapy.
- Compensation for property damage: This includes the cost of damaged clothing, glasses or other personal belongings.
- Compensation for future damages: If the employee has suffered permanent damage as a result of the injury, he or she may also receive compensation for future costs, such as additional medical care or home adjustments.
Please note: The rules for personal injury to airline staff are complex. It is therefore important to always contact an experienced personal injury lawyer in the event of personal injury. A personal injury lawyer can help you claim the compensation you are entitled to.
You can read more about employee injury in the following articles:
- Occupational Safety in the Shadow of Politics: A Wake-up Call for the Cabinet Formation of 2024!
- Occupational safety in the workplace: what must employers comply with to guarantee your safety?
- Employee Safety and Liability: The Sabic Limburg Case:
- When are employers (not) liable for an industrial accident?
- Have you become incapacitated for work after an accident? Don’t forget to claim your pension damage!
Have you suffered injury while flying? Please contact MCJ Advocatuur as soon as possible. As an experienced personal injury lawyer, I can help you claim the compensation you are entitled to.
I offer you a completely non-binding intake interview. During this conversation we will discuss your case and look together at what your options are. You can also contact me for home service. This means that I come to your home for an intake interview, so that you do not have to travel to my office.
Please note: This information is provided as a general guideline and is not a substitute for legal advice. Always contact us for an assessment of your specific situation.