Injury on a Ukrzaliznytsia train: how to protect your rights and claim compensation?

Falling shelves and injuries on trains are not uncommon. We analyze what rights a passenger has and how to act to obtain compensation in accordance with Ukrainian legislation

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Broken shelves, doors flying off their hinges, handrails that suddenly find themselves in your hands – these are the stories that passengers of Ukrainian trains share on social networks from time to time. For some, it is simply an unpleasant episode on the road, and for others – a spoiled trip or a serious injury and long-term treatment. And although at first glance it seems that such things happen rarely, in fact, such situations are not uncommon.

It is clear that behind each incident a natural question arises: who is responsible for the safety of passengers and what to do if the injury is received just in the train carriage? Finance.ua experts analyzed Ukrainian legislation and told how to act in such situations and whether it is realistic to obtain compensation from “Ukrzaliznytsia”.

Ukrzaliznytsia is responsible for the safety of passengers according to the Law of Ukraine

By purchasing a train ticket, the passenger actually concludes a transportation contract with the company. According to Articles 908–909 of the Civil Code of Ukraine, the railway undertakes to deliver a person to their destination in safe conditions. This means that safety is part of the service, and any injury received during the trip may be considered a breach of the terms of the contract.

In addition, according to Article 1187 of the Civil Code of Ukraine, railway transport is considered a source of increased danger, and therefore, the owner is liable for damage caused to a passenger, even without the direct fault of a specific employee.

“Ukrzaliznytsia” can be exempted from liability only in two cases:

- If the event occurred due to force majeure;

- Or due to the intentional actions of the victim.

Simply put: if the shelf fell due to faulty fastening or lack of technical inspection, the passenger has every right to demand compensation for material and moral damage.

What to do if you are injured on a train: an algorithm of actions

Every passenger should remember: in order to report a traumatic situation and receive compensation, it is important to record the incident and collect all possible evidence.

Here is a step-by-step algorithm of actions that will help you do it correctly:

Step 1 – Notify the conductor

He is obliged to draw up a report on the incident indicating the train number, car, date and circumstances. If he refuses – record it on video.

Step 2 – Take a photo or video of the scene

Take down the damaged shelf, your compartment, car number. Also collect the contacts of witnesses who can confirm your words.

Step 3 – See a doctor

If the injury is serious, call an ambulance to the station or contact the doctor on duty at the station. If not – record an appeal at the nearest hospital or emergency room.

Even if the injury is minor, get a medical certificate stating “injury resulting from being hit by an object.” Without this document, it is almost impossible to receive compensation.

Step 4 – Submit a written claim to “Ukrzaliznytsia”

The application must describe the situation, add photos, documents, certificates, and formulate a claim for compensation. The company must respond within a month. If not, the case may be resolved in court.

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How to claim compensation from “Ukrzaliznytsia” in court?

To receive compensation, you need to show the cause and effect relationship in court: that the injury occurred precisely due to the actions or inaction of the carrier. Useful evidence:

- An act drawn up by the conductor or head of the train;

- Photo and video materials;

- Medical documentation and receipts for treatment;

- Witness statements;

- A ticket confirming the transportation contract.

Lawyers advise acting quickly – the sooner you file a claim, the easier it will be to gather evidence.

When considering such cases, the court pays attention to three main circumstances: whether the injury was medically documented, whether the passenger was actually on the Ukrzaliznytsia train at the time of the incident, and whether equipment failure or staff negligence could have caused the injury.

What compensation can a passenger expect from Ukrzaliznytsia?

Despite millions of passengers every year, there are only a few cases where Ukrzaliznytsia has actually paid compensation. Courts recognize the railway as a source of increased danger, but often reduce the amount of payments, citing the passenger's "complicity" or a dubious causal relationship. The following examples can be cited:

- Poltava region. The mother of a deceased man demanded UAH 525,000, but the court awarded only UAH 80,000 in compensation. The reason was that the court confirmed that the railway did not provide an adequate level of safety, but placed part of the blame on the deceased himself, who was in a prohibited area, so the amount of payment was significantly reduced.

- Lviv region. The family of a man who died under a locomotive received UAH 100,000 in compensation, although they demanded several times more. The court found that the deceased himself violated safety rules while in a restricted area, which reduced the carrier's liability.

- Dnipro - Truskavets. A passenger injured during a conflict in a carriage requested UAH 100,000, but received only UAH 5,000 in moral damages. The court recognized that Ukrzaliznytsia did not provide sufficient control over the order in the carriage. However, it noted that on night trains the carrier does not have an absolute obligation to protect each passenger, so its liability is limited.

So, even if the passenger has all the evidence, the courts usually limit themselves to symbolic amounts.

What compensation do passengers receive in Europe?

In EU countries, compensation to passengers for injuries caused by technical malfunctions is a common practice. For example, in Germany or France, companies have mandatory civil liability insurance, and the passenger only needs to provide a medical certificate and a ticket to receive payments.

On average, European passengers can expect:

- From 3 to 10 thousand euros for minor injuries;

- Up to 50 thousand euros and more for serious ones.

In the UK, even for a head injury you can get 1-3 thousand pounds, and for fractures - over 100 thousand.

European carriers believe that a malfunction is not an “accident”, but a management error for which the company is financially responsible.

Stories about falling shelves on trains are not just fables or jokes, but a systemic problem with technical safety, where control often remains a formality. However, the law is on the passenger's side. If you are injured on a train, do not remain silent: record the event, consult a doctor, file a statement. And even if the compensation is still small, it is such appeals that form judicial practice, which over time may change the approach to railway safety.

Because every passenger who boards the train is promised safety, and you have the right to demand it!

If you are traveling in Ukraine, take out medical insurance “Safe Journey” from Visit Ukraine.

The policy covers emergency care, hospitalization and treatment of injuries sustained on the road - this is an additional level of protection that will help avoid unnecessary expenses in unforeseen situations.

Order the policy online and travel without unnecessary risks!

Reminder! President Volodymyr Zelenskyy announced the launch of two large-scale initiatives: free trips across Ukraine for 3,000 kilometers and a one-time payment of 1,000 hryvnias as part of the “winter support” program - these measures are aimed at helping citizens and stimulating domestic tourism. We have already told you who will be able to use the programs, when applications will be accepted and how to receive payments or free kilometers.

Photo – Facebook/Ukrzaliznytsia

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