$ex injury compo claim

**Ana Gram** · 20-04-2012 21:42

What if this woman has simply been asleep in the motel room on a work trip and the light fitting fell on her?

**biscotti** · 20-04-2012 21:43

Originally Posted by Ana Gram

Not just that but it seems anyone who has made a work cover claim while not actively doing their job is also a money grubber.

I know.

Awful

**Pesca77** · 20-04-2012 21:49

Originally Posted by biscotti

I'm feeling desperately sorry for her

Her character is being questioned on forums by people who do not know her, or the actual situation or the actual circumstances.... And who think she is capitalising, or cashing in.

Pretty awful really.

Again, I am not questioning her character at all. I am commenting on the actual law that allows this case to be considered a workplace injury. Considering they have admitted to what took place when the injury occurred, it's a totally reasonable assumption and statement to say she wasn't injured whilst working. That's all...

**share a book** · 20-04-2012 21:51

Originally Posted by Benji

I get the feeling she was talking after the conference, on the way back to the room.

Either way, she was away for work. In a motel room that her employer probably booked. Why is an accident on the stairs any different to an accident in bed?

Yes that's right. The conference finished at 6, then we had finner and drinks at the motel restaurant and headed back to the room when the bar shut. Nobody drank much, just a couple of drinks whilr we went over the conferencr details. Not our fault the elevators were out and the stairs were very poorly lit. But we had to stay there, there was no option to leave. The only difference is that we are childcare workers (although she had to retrain afte er that because she did a lot of damage to her neck and back) and we were not sleeping with someone at the time of the injury.

There is no difference, nor is this anything new. It just is how it is.

**Pesca77** · 20-04-2012 21:53

Originally Posted by Ana Gram

What if this woman has simply been asleep in the motel room on a work trip and the light fitting fell on her?

Then the hotel should absolutely be liable for all costs involved due to negligence.

**share a book** · 20-04-2012 21:57

Originally Posted by Pesca77

Then the hotel should absolutely be liable for all costs involved due to negligence.

If it affects her as an employee she would have had little choice in the matter. Workplaces often push it through. I know my company would push it through like they did with the stairs. It is her legal right. If you have a problem with chasing compensation, feel free to take on all related costs yourself and not make the claim.

**Ana Gram** · 20-04-2012 22:00

Originally Posted by Pesca77

Then the hotel should absolutely be liable for all costs involved due to negligence.

And Workcover would chase them for compensation like every other insurance company.

I asked my mum as she deals with these all the time, and the law, as it stands now, covers you for accidents if you are on work trips. The situation I described earlier of my own work cover claim would no longer be covered. But I've learned today that I was just being a greedy money grubber

**biscotti** · 20-04-2012 22:05

Originally Posted by Pesca77

Again, I am not questioning her character at all

But That's not actually what you said in your opening post. You said you thought "it was ridiculous that she thought she had a case and that she was happy for it to be made public" - I think that is a judgement of character actually.

You did go on to say though to question that our system agrees that this would be a Work compo claim but then you added that you were "LMAO".

I think that is quite judgmental but we will have to agree to disagree

**Pesca77** · 20-04-2012 22:06

Originally Posted by share a book

Yes that's right. The conference finished at 6, then we had finner and drinks at the motel restaurant and headed back to the room when the bar shut. Nobody drank much, just a couple of drinks whilr we went over the conferencr details. Not our fault the elevators were out and the stairs were very poorly lit. But we had to stay there, there was no option to leave. The only difference is that we are childcare workers (although she had to retrain afte er that because she did a lot of damage to her neck and back) and we were not sleeping with someone at the time of the injury.

There is no difference, nor is this anything new. It just is how it is.

I still agree this should have been covered. The dinner and drinks was with work colleagues directly after your work function.

This other case was a personal evening out with a friend, completely separate to work and who has also admitted to potentially causing the injury in the first place. The light didn't just 'fall' from the ceiling, it was attached to side wall of bed. That's why this is totally different to me.

It would seem that since she was away for work purposes, the law states that she's covered for everything regardless of the circumstances. Fair enough, the law is law. I just don't agree with it, just like many people (especially on this forum) don't agree with so many other laws like baby bonus, welfare etc etc Everyone is entitled to their own views.