ARTICLE · 01 JULY 2015

Post-traumatic stress disorder (PTSD) leads to compensation following aviation accident

Colin Biggers & Paisley

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The post-traumatic stress disorder following an aircraft accident was found to be a form of compensable bodily injury.

AustraliaLitigation, Mediation & Arbitration

In brief - PTSD found to be a form of compensable bodily injury

In Casey v Pel-Air Aviation, the plaintiff's post-traumatic stress disorder following an aircraft accident was found to be compensable under the Civil Aviation (Carriers' Liability) Act.

Careflight doctor and nurse sue operator of medical evacuation charter flight

On 15 May 2015 Justice Schmidt gave judgment in the Supreme Court of NSW in the matters of Casey v Pel-Air Aviation Pty Ltd and Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566. The decision has aroused significant interest from aviation insurers.

The matters concerned claims made by a doctor (Dr Helm) and a nurse (Ms Casey), who were employed by CareFlight (NSW) Ltd, against Pel-Air Aviation Pty Ltd, they being passengers aboard a medical evacuation charter flight operated by Pel-Air from Samoa to Norfolk Island, which ditched off the coast of Norfolk Island in heavy weather.

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