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Visitors to Queensland and, in particular, Far North Queensland will usually spend at least some of their holiday enjoying the warm, sunny weather on or near the pristine waterways the state has to offer, with some even venturing out to the world-famous Great Barrier Reef.
With multiple touring providers offering a range of exciting activities on and off-shore, visitors have no shortage of options when it comes to spending their holiday on a boat, but what should you do if the worst-case scenario occurs and you sustain an injury? Are you entitled to compensation if you are injured on a boat while on holiday?
What type of injuries can occur on a boat?
Established tour companies should provide facilities which are safe, kept in a state of good repair and stocked with life-saving devices such as life jackets, but accidents can occur on even the most well-equipped vessel.
Some of the most common accidents onboard boats include:
- slips and falls on wet floors (with or without proper signage);
- falls down staircases;
- slips, trips and falls during boarding or disembarking the vessel; and
- injuries sustained during onboard activities or during rough weather.
It is also possible for injuries to be sustained during activities on-shore or in the water (such as snorkelling, paddleboarding or kayaking).
What should I do if I have been injured on a boat while on holiday?
If you are injured while you are on a tour or chartered vessel you should immediately inform the tour guide or crew. Take photos and/or video of the area where the incident occurred and seek the contact details of any witnesses in case you need to reach them for their accounts of the incident.
The tour guide or a responsible crew member should prepare an incident report, of which you should take a copy. As soon as you are able to you should seek medical attention, even if you do not believe that the injury you have sustained is serious. Sometimes injuries take hours or even days to manifest, so it is wise to have a record of when you sought medical attention and how your condition has deteriorated over time.
I was injured while on holiday and I didn’t have travel insurance. Am I still entitled to compensation?
If you are injured due to the fault or negligence of another party or the company whose tour you are on you may still be entitled to compensation even if you did not take out personal travel insurance for your holiday.
Could my compensation claim be rejected?
Unfortunately, not all compensation claims are straightforward and on occasion, a compensation claim may be rejected. Reasons a claim may be disputed or rejected include:
- the injured party was at fault or contributed to the incident through their own negligence or poor conduct;
- the injury occurred in a jurisdiction not covered by the injured party’s insurance;
- the injured party did not have the appropriate level of travel insurance to cover their injury; and/or
- the injured party failed to lodge their claim on time.
To ensure you have a strong claim, you should seek the assistance of a legal professional.
Are there time limits for making a compensation claim?
Yes, claims for compensation carry strict deadlines and the sooner you seek legal advice after your injury the better. Where there are extenuating circumstances you may be awarded a short extension in which to prepare your claim, but you should try to speak to a personal injury lawyer within a matter of weeks after the incident to avoid overcomplicating your case. For travel insurance claims there is usually a deadline of 30 days from the date you return from your holiday.
If you have been injured on a boat while on holiday and you would like to make a claim for compensation, contact our experienced personal injury lawyers in Cairns today.
