Q. My partner and I were on holiday recently. He had a bad accident and had to be kept in hospital for a few days. We were abroad longer than we expected and so had to rebook flights – which were terribly expensive. I also had to take some further time off work as we were late getting back to Ireland, and I had to take a few days to help him convalesce. We are stressed out. The bills are mounting, and it now transpires my partner will be unable to work for at least three weeks. He tore ligaments and he is a driver by trade. If he cannot drive, he cannot work. We are wondering we can or should do?
Dear Reader,
What your rights are in any specific instance would depend very much on how you booked your holiday and would depend greatly on what the situation is on the ground at the relevant time.
If you booked your trip as a ‘package holiday’ you might be entitled to bring a claim in Ireland. In order to qualify as a package holiday, generally speaking, the tour operator must look after two of the following on your behalf: transport; accommodation; or other tourist services (i.e. tours, day trips, etc.).
If you were on a package holiday and were injured as part of that (i.e. in the hotel or on a day trip) you are entitled to bring proceedings through the Irish Courts to seek compensation for injuries and any out-of-pocket expenses.
If you did not book a package holiday, or the incident occurred at an area not part of the package, you would need to contact a solicitor/lawyer in the country that you were injured. Any compensation would depend on the laws and rules of that particular country.
You should carefully retain any receipts, medical reports, and/or medical documents that you receive. If you had photographs taken of the scene of the incident, you should retain those.
Naturally, if you had health insurance and/or holiday insurance, you should check and see if any aspect of those policies would cover medical expenses, travel expenses, or compensation for lost work or wages.
You would be entitled to ‘force majeure’ leave from your employment. This is limited to three days in one year, or a total of five days over three years. You are entitled to be paid by your employer for such leave.
