INTRODUCTION

When asked about the professionals involved in Aviation most people instantly think of pilots. However, the Aviation industry is a vast and critical industry both globally and in Kenya as it supports thousands of people including professionals within the areas of Airlines, airport operations, airport on-site enterprises, aircraft manufacturing, air navigation services etc. It is estimated that the industry employs approximately fifteen thousand people in Kenya and supports approximately USD 1.6 billion of GDP in Kenya.

In the same manner that people only think of pilots when asked about aviation experts, many only think of aircraft accidents when asked about aviation accidents. Occupational accidents are much higher than aircraft accidents.

OCCUPATIONAL ACCIDENTS

Risk of Injuries caused by Occupational Accidents

Each of the groups of professionals involved in Aviation have certain risks for injury associated with the jobs they perform. For example, Dutch researchers found a connection between frequent work on short-haul flights and an increased risk of on-the-job accidents involving cabin crewmembers. In other words, flight attendants working primarily on short-haul trips are more prone to workplace accidents than their long-haul colleagues.

The good news is that occupational injuries caused by aviation accidents are normally compensable under the Kenya Work Injury and Tort law. Let us look at some professionals within the aviation industry and some of the occupational risks they may be exposed to;

Risks to Flight attendants – They typically put in long hours which when coupled with jet lag may cause chronic fatigue and other health complications or physical injury. Flight attendants may be exposed to airborne contaminants, disease, and/or infections through their work in confined spaces with passengers. Also, due to the confined spaces and turbulences, accidents tend to occur.

Risks to Baggage handlers – Another group of professionals that may be at risk of accidents and injuries arebaggage handlers who load and unload baggage. They also work in confined spaces loading heavy and oddly shaped bags, this has been known to result in accidents that lead to injuries such as sprains, strains and bruises.

Risks to Belt Loaders – They drive bags to and from the aircraft conveyor belt and may be injured in collisions in their vehicles or get struck by baggage falling off the belt. Slip and fall accidents also occur due to varying weather conditions during loading.

Ground Crews – They work on the airport apron and include wing walkers and ramp agents. Their close proximity to the aircraft and ground operations vehicles makes them susceptible to accidents. Also, due to the noise exposure, hearing damage may be occasioned.

The list of professionals at the risk of aviation accidents is inexhaustible but the take home is that the accidents and injuries suffered are as varied as the different jobs they perform. If you work in the Aviation industry and have been injured on the job, you may be entitled to compensation under the Work Injuries Benefit Act, 2007, which can provide you with compensation under the following categories, that is; a) permanent incapacity, b) temporary incapacity and c) fatal injury leading to death of a worker

AIRCRAFT ACCIDENTS/CRASHES

Aircraft accidents/crashes are very rare but do happen. When such a disaster occurs, the government provides support services to the families of victims and to survivors. Legal Claims may be brought against the culpable party e.g., the the airline, aircraft and parts manufacturers etc.

Where an aircraft accident happens in a smaller plane, which statistically happens more frequently, survivors or the victims’ family may make a claim against the culpable party as well. Determining the cause of an airplane crash or a near-crash that causes injuries such as an emergency landing is often the key consideration in deciding which legal claims to bring and who to sue for damages.

Most crashes are caused by a combination of reasons such as pilot error, errors made by air traffic controllers, faulty equipment or structural problems with the airplane, negligence, fuel problems etc. This makes establishing a causal link between the accident and the person/thing responsible for the crash a delicate task.

If you are considering legal action in such instances, you may want to have your lawyer look into and verify the findings of the investigating body responsible for investigations.

CONCLUSION Given the highly complicated nature of aviation accidents, your best option is to contact a lawyer experienced with these types of issues for assistance or guidance in prosecuting your claim. The assistance of such a lawyer could be helpful in navigating the intricate field of claims.