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Your guide to Thailand holiday compensation


About Thailand

Thailand is one of the most naturally beautiful places on the planet. There’s a reason why the producers of The Beach filmed the movie here, using one of the many surrounding islands to depict paradise.

Thailand is one of those rare hotspots that truly does have something for everyone. Some tourists head there for a party that lasts a fortnight. Some go to soak up the culture, some want to get in touch with nature with elephant rides or tiger experiences, while others go to find peace and serenity on one of the country’s many beautiful beaches.

Thai holiday hotspots

Thailand’s capital is Bangkok – a hectic, thriving city of mopeds, street food and holy temples. The Grand Palace and the Temple of the Emerald Buddha are must-visits for those visiting the capital – and they’re situated right in the heart of the city.

Phuket is the most popular of Thailand’s many islands, and it’s incredibly tourist-friendly. Many of the locals speak English, and there is a fantastic array of restaurants mixing traditional Thai food with dishes that the English might recognise! Phuket town is home to bustling markets and exciting nightlife, but head further out to the pristine beaches and find your own slice of paradise.

Chiang Mai gives tourists a glimpse of the real Thailand. This unspoilt region is home to beautiful rainforests, hilltop villages and ancient temples. For the ultimate wildlife experience, you can even take a ride on an elephant, before feeding and washing it in a local river.

Accidents and Illnesses in Thailand

Most tourists return from Thailand with fond memories and a desire to return. Unfortunately, some unfortunate holidaymakers suffer illnesses or accidents that leave them confined to a hospital bed or force them to home to seek treatment.

Here are some of the most common types of accident and illness that tourists experience in Thailand.

  • Travel bugs – salmonella, diarrhoea, food poisoning

Food poisoning is the number one cause of illness for tourists on any holiday, with some hotels and restaurants found to be serving under-cooked or re-heated food rife with bacteria. These harmful bacteria can cause painful stomach bugs that see holidaymakers confined to their hotel rooms instead of enjoying their trip.

Contaminated swimming pools can also create an opportunity for holidaymakers to pick up harmful and debilitating infections. If swimmers ingest this water, they can pick up parasites or painful illnesses.

  • Slips, trips and falls

Slips or trips can happen anywhere, but they’re especially stressful when they occur in the middle of a long-awaited holiday. Whether you’ve tripped on an exposed cable, slipped on an unmarked wet floor or fallen from an unsecured balcony, our team could help you claim the compensation you deserve.

  • Excursions, accidents in airports, transfers, coach trips

Most people visiting Thailand take advantage of the plentiful coach trips and excursions on offer – but with relatively poor health and safety standards, tourists can end up involved in accidents through no fault of their own.

Accidents can happen even before your holiday starts.  You may have been injured boarding or disembarking a plane, had an item fall on you from an overhead locker, or been injured retrieving your luggage from the carousel or during your transfer to your hotel.  As these are all covered by your package holiday, you could have a valid compensation claim.

  • Excursions, accidents in airports, transfers, coach trips

Many tourists visiting Portugal like to go on coach trips and other excursions to see some of the country’s other attractions. Unfortunately, some of these trips can be run by travel operators with a limited grasp of health and safety regulations. If you experience an accident or fall ill as a result, you could pursue a claim.

Accidents can happen even before your holiday starts.  You may have been injured boarding or disembarking a plane, had an item fall on you from an overhead locker, or been injured retrieving your luggage from the carousel or during your transfer to your hotel.  As these are all covered by your package holiday, you could have a valid compensation claim.

What you can claim for

Compensation for accidents and illnesses abroad can only be claimed for package holidays, most of which are covered by the Package Travel Regulations 1992. Under Regulation 2(1), hotel owners and tour operators have a ‘duty of care’ towards the health and safety of you, your family and anyone else in your party.

This Regulation states that a package must include the pre-arranged combination of at least two of the following components:

  • Transport
  • Accommodation
  • Other tourist services that are additional to transport or accommodation, and which account for a significant proportion of the package.  This can include pre-booked excursions.

If you are harmed while using any facilities promoted or controlled by your tour operator as part of your package, you could have grounds to make a claim for compensation.

Your package holiday organiser can be held responsible if you suffered an injury caused by an accident or illness that happened anywhere on hotel property. They can also be held responsible if an accident takes place or your illness is caused either:

  • On a pre-booked excursion bought in the UK, or
  • During a holiday service provided as part of your package bought in the UK.

However, your package holiday organiser is unlikely to be held responsible if:

  • Your accident or illness happened during an excursion booked at the hotel or resort, which was not included in your pre-booked package bought in the UK.
  • An accident happened away from your hotel – unless it was during an excursion you bought in the UK as part of your package.
  • You tripped on a badly maintained pavement in the local town centre.
  • The accident was your fault, i.e. you broke the safety rules
  • Your illness was caused by eating at a local restaurant that was not included as part of your package holiday.

Time limit

The Package Travel Regulations 1992 allow you 3 years to make a claim from the date when the illness or accident occurred.  However if your illness or accident happened on a cruise, this would be governed by the Athens Convention which are a different set of regulations that  only allow 2 years in which to make a claim.

Claiming your compensation

If you’ve had a holiday ruined by an accident that wasn’t your fault, or an illness you’ve picked up as a result of someone else’s negligence, Your Legal Friend could help. We’ll support you in making a compensation claim for the pain and stress caused to you while you were abroad, as well as covering additional travel costs and any future medical treatments that might be required throughout your recovery.

First of all, we need to understand what happened to you and why you believe the accident or illness was not your fault. We’ll take statements from you and any witnesses, obtain incident reports, and search for medical reports to get a better idea of what happened, how you were affected, what treatment you were given, and whether you are still suffering from your injury or illness.

Then we’ll launch a thorough investigation, with the aim of identifying who was at fault for your injury or illness. Once we’ve discovered whose negligence caused this, can then assess how likely your claim is to succeed and how much compensation we can secure for you.

If you then agree to go ahead, we’ll send your claim to whoever is responsible for your injuries or illness. They can either accept the claim and seek to negotiate a settlement with you – this is often the preferred choice of many larger firms looking to protect their reputation – or they can reject the claim in which case we take the case to Court. In this instance, we’ll manage the process of preparing your claim to go to Court and support you every step of the way.

Receiving compensation

If your claim is successful, you’ll be awarded compensation. How much you’ll be awarded depends on various criteria:

  • The severity of the injury or illness. A broken bone or amputation is likely to be classed as far more serious than a muscle strain or stomach bug.
  • How your life has been affected. Some unfortunate holidaymakers experience life-changing injuries or illnesses while abroad – the compensation awarded will reflect this.
  • Whether you’ve been left out of pocket. Medical bills and additional travel expenses can wreak havoc on a family’s finances. This part of the compensation sees that you’re adequately compensated for your losses.
  • Whether you’ll need extra support in the future. If your injury or illness will lead to loss of income, or if you’ll need ongoing treatment and care to deal with the injury, this will be taken into account.

Here’s how Your Legal Friend can help you:

  • No win, no fee - guaranteed
  • 95% success rate in personal injury claims
  • Over £200,000,000 successfully won in the last ten years alone
  • Help and support you with your claim against the travel company or carrier
  • 30 years’ experience in personal injury compensation

Talk to us today

For an informal, confidential chat with one of our expert personal injury solicitors about making a claim, call us now on 0808 274 6166 (call free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.