A passenger getting hurt due to turbulence is not considered a serious injury. As a result, the scenario is not classified as an accident. Since there was no high probability of an accident, the scenario is not a serious incident and it is classified as an incident.

Regulation (EU) No 996/2010, Article 1 (Definitions)

(1) ‘accident’ means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time it comes to rest at the end of the flight and the primary propulsion system is shut down, in which:

(a) a person is fatally or seriously injured as a result of:

— being in the aircraft, or,

— direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or,

— direct exposure to jet blast,

except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or

(b) the aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes) or minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike, (including holes in the radome); or

(c) the aircraft is missing or is completely inaccessible;

(17) ‘serious injury’ means an injury which is sustained by a person in an accident and which involves one of the following:

(a) hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received;

(b) a fracture of any bone (except simple fractures of fingers, toes, or nose);

(c) lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;

(d) injury to any internal organ;

(e) second or third degree burns, or any burns affecting more than 5 % of the body surface;

(f) verified exposure to infectious substances or harmful radiation.

(7) ‘incident’ means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation.

(16) ‘serious incident’ means an incident involving circumstances indicating that there was a high probability of an accident and is associated with the operation of an aircraft, which in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time it comes to rest at the end of the flight and the primary propulsion system is shut down. A list of examples of serious incidents is set out in the Annex;