When it comes to an injury compensation claim, it’s not always about physical injuries. In many cases the mental trauma following an incident is cause for a claim in itself.
In ordinary circumstances, a disabled person who had suffered emotional injury following discrimination would likely have a viable Injury Compensation Claim to make, however this is not always the case.
In 2011 a high court ruling rejected two Injury Compensation Claims that were launched following mistreatment while flying.
In each case the claimant was disabled and felt they had been treated unfairly by their respective airlines. Both had made arrangements with the airlines, prior to flying, for suitable provisions to be made in recognition of personal needs of care.
Both claimants had been assured they would be seated with their travelling partners, including family members and personal carers, but in both cases such measures were not taken and the claimants were told that nothing could be done.
In each case the courts ruled that the claimants had been subject to discrimination. Ordinarily this would be considered a substantial basis for a compensation claim, in line with UK and EU law. However, cases involving air travel are covered by another, contradictory law, the Montreal Convention; a piece of international legislation specifically covering air travel, that stipulates that compensation may only be awarded for physical injury or damage to or loss of baggage – thus rendering discrimination rulings redundant.
The Equality and Human Rights Commission, which supported the claimants, contested the rulings, saying,#
“Our submission is that the Montreal Convention has to be construed to conform with Union law obligations and not the other way around and thus cannot be used to trump or read down either the provisions of the EC Air Regulation or the UK Regulations.”
With over 30 years in handling people’s claims for personal injury compensation, Wrigley Claydon is a name you can trust. To see what you can claim for, click here.
If you are thinking about making an Injury Compensation Claim, call us on 0161 785 3534.
Team: Vijay Srivastava and Shalish Mehta
Vijay Srivastava
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