Our favourite international destinations are New Zealand, Indonesia, the USA, Thailand and the UK. But while most overseas holidays are rewarding, enjoyable and free from unpleasant incidents, there are always exceptions. If you’ve been injured on an overseas trip organised by an Australian company, you might be eligible for an overseas injuries compensation claim. Read on to find out more about overseas injuries compensation and the process of claiming and get in touch with us.
What are your rights if you have been injured overseas?
First things first: having travel insurance is extremely important. If you take out overseas travel insurance, you should be able to claim the cost of your medical expenses from the provider unless your injury is the result of something the policy doesn’t cover (which usually comes down to a misunderstanding on the part of the traveler). Without travel insurance coverage, you are personally liable for the cost of your medical treatment overseas, which in countries like the U.S can be thousands of dollars. Travel insurance is the best way to protect yourself financially in case of emergencies abroad.
If you’re injured in a foreign country, whether or not you have a claim for negligence will depend on the safety standards and negligence laws of that country. Despite the accident occurring overseas, you might still be able to have the case heard in a court in your Australian state of residence.
But what if you’ve been injured on a work trip, or a trip organised by an Australian tour company? Then read on.
What constitutes a claim when travelling overseas?
If you were injured overseas on a work trip or signed up with an Australian tour company and were injured (even if you were already overseas at the time), you can bring a claim in an Australian court of law. Some parties that you might choose to take action against include the tour company or operator or, if you’ve experienced a work-related travel injury, your employer.
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Common questions about Overseas Injuries Compensation
You should make a claim as quickly as possible. Travel insurance companies have a time frame (generally 60 days) from the date of the accident that you can claim in.
Time limits for making an overseas injury compensation claim will vary, but it’s in your best interests to pursue it as soon as possible. Provide as much evidence for the claim as you can, including photos, names, witness and reports. Don’t neglect to provide doctor’s reports written in a foreign language - they can be translated.
Shine Lawyers operates on a “no win, no fee” basis. If we don’t win your case, you don’t have to pay us anything.
To find out more and to start your compensation claim visit https://www.shine.com.au/service/travel-law/travel-lawyers-compensation.
It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
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