Claiming Compensation for Holiday Sickness
Introduction People work throughout the week, break their sweat so that once or twice a year, they can squeeze that sweet holiday time for themselves and their families. Everyone looks up to that. But have you ever thought what a nightmare it would be if one falls sick while on a holiday? Falling sick during a holiday is… Read More »
Introduction
People work throughout the week, break their sweat so that once or twice a year, they can squeeze that sweet holiday time for themselves and their families. Everyone looks up to that. But have you ever thought what a nightmare it would be if one falls sick while on a holiday? Falling sick during a holiday is somewhat stressful, unsettling, and harassing.
The pain and discomfort become even more inconvenient when the place is not familiar and one has to deal with people and doctors who speak another language. And it is not only the experience and the holiday that is affected by the sickness, but the finances take a toll too. Hence, people are usually advised to take up holiday insurance if such an unforeseen condition comes up, helping them to recover while the bills and Medicines and taken care of by the insurance agency.
Travel sickness has a broad scope. It encompasses commonly experienced situations like food poisoning or viral infections, which are attached with compensation claims. However, the intricate part comes into play when one has to claim the same. Usually, when a person falls ill, or when they suffer from food poisoning, the question that is often raised by the insurance companies is where and how did the food poisoning happen. And then, the companies rely on the facts and circumstances to decide whether the individual has a valid claim or not.[1]
Compensation for Holiday Sickness and Eligibility
Usually, an insurance policy comes along with certain terms and conditions related to the insurance. It contains all the do’s and don’ts. It means that it basically lays down all the criteria through which a claim can be offered, if and only if such criteria are fulfilled. If an individual meets the holiday sickness criteria as stated in the travel insurance policy, then it is easy for them to make a claim. Usually, people travel abroad registering themselves with your operating agencies. If an individual adheres to the guidelines issued by the tour operator, it only adds to strengthening the claim.[2]
For example, in cases pertaining to food poisoning, the investigation is based on the evidence as to what food was eaten, how long was the individual sick, and what treatment was given to that individual.
For an individual to successfully claim their holiday insurance, there are certain requirements that are to be met and certain conditions that are to be met:
-
- That the individual was on a package holiday
- That the individual suffered an injury that was not the individual’s fault.
- The injury or illness was caused by any other outside factor, but relating to the tour package and not any factor outside the ambit of the tour package
It is an easy task for an individual to claim insurance while being on a package tour. But things can get a little more complicated if one is not travelling on a package holiday.[3]
If a holiday is ruined due to sickness, then compensation can come in handy in making the losses good. Moreover, if the illness or injury caused to the traveller is chronic or long-term, then compensation can help in assisting an individual to deal with the financial burden. Tour operators have the duty to make sure that every tourist’s safety is met with and if in case, any such incident occurs, then it is the tour operator’s duty to rightly compensate for that injury or accident[4].
An individual can also claim from the tour agency if the accident or illness occurs on behalf of third parties such as hotel staff and vendors. If in any case, an individual becomes sick during the supervision and under the guidance of a tour operator, then it is negligence on part of that tour operator and the aggrieved individual will be rightly compensated for the loss.
Time Limit
All personal injury claims are dependent upon legal time limits. An individual can be denied to claim for the injury caused or illness suffered if a lot of time has elapsed since the injury occurred.
As a general rule, an individual has a time period of 3 years from the date the accident or illness occurred were to either settle your claim or start court procedures. This can run out a lot faster than you may suspect. Also, this time limit of three years can even be shortened if the accident or injury was occurred during a flight or while being at the sea.
If reliance has to be made on International ‘Conventions‘ for settling your claims, (for example, the Montreal Convention 1999, which deals with injuries which happened while flying) you may just have 2 years in which to make a claim, running from the date of disembarkation.[5]
The time limit for your case can be impacted by different conditions too, so it is critical to look for legal advice as quickly as time permits in case, you’re considering filing a claim.
COVID-19
The urge to travel and visit exotic destinations keeps thriving in people. But a pandemic in the form of the novel coronavirus came knocking hard onto all the travel plans. But after the meltdown of the major waves, a phenomenon is known as ‘revenge travel’ is emerging. This relates to the urge to travel after being restricted for a long time. This term is being often used by the media and is being observed at various tourist hotspots such as Manali, Goa, Darjeeling, and other popular destinations.
This kind of travel is something to worry about as the risk of an individual getting sick, that too with Covid has increased manifold. A recent trend can be seen where airlines and trains are offering Covid insurance for their travel. Since the probability of a passenger contracting Covid during a flight or a train journey has increased, people are opting for Covid insurance. Covid insurance can be availed if the passenger has to cancel his flight due to him being positive or if in case the flight gets cancelled due to lockdowns or restrictions.[6]
It is proposed that ‘mindful travel’ would have a few significant elements. Within travellers at least, using masks responsibly and noticing social distancing norms could have significant impacts in moderating the danger of transmission. Not only do these protective measures have a protective effect, but they also help in instilling a sense of reminding the masses of the presence of the risk of COVID.
Conditions on travel could likewise assume a key part, for instance with potential visitors possibly being allowed to travel in the event that they can show proof of a COVID-negative test. A vaccination certificate could likewise assume a significant part in being eligible to travel, with of course certain warnings. In spite of being the world’s biggest maker of COVID-19 antibodies, India simultaneously faces the issue of being the second most populated nation in the entire world.
[1] Henrekson, Magnus, and Mats Persson. “The Effects on Sick Leave of Changes in the Sickness Insurance System.” Journal of Labor Economics, vol. 22, no. 1, [The University of Chicago Press, Society of Labor Economists, NORC at the University of Chicago], 2004, pp. 87–113, Available here.
[2] Sugarman, Stephen D. “Short Term Paid Leave: A New Approach to Social Insurance and Employee Benefits.” California Law Review, vol. 75, no. 1, California Law Review, Inc., 1987, pp. 465–94, Available here.
[3] Stanton, K. M. “Ruined Holidays and Tort.” The Modern Law Review, vol. 41, no. 2, [Modern Law Review, Wiley], 1978, pp. 227–29, Available here.
[4] Parry, L. A. “Some Cases Under The Workmen’s Compensation Act, And Others Of Medico-Legal Interest.” The British Medical Journal, vol. 1, no. 2626, BMJ, 1911, pp. 989–92, Available here.
[5] Carel J. J. M. Stolker. “The Unconscious Plaintiff: Consciousness as a Prerequisite for Compensation for Non-Pecuniary Loss.” The International and Comparative Law Quarterly, vol. 39, no. 1, [Cambridge University Press, British Institute of International and Comparative Law], 1990, pp. 82–100, Available here.
[6] Hill, Heather D. “Paid Sick Leave and Job Stability.” Work and occupations vol. 40,2 (2013): 10.1177/0730888413480893. doi:10.1177/0730888413480893
