$ex injury compo claim

**biscotti** · 20-04-2012 22:10

Originally Posted by lambjam

Exactly. She was away on business.

There is no loophole. If she wasn't away on business, this wouldn't have happened to her.

And that's it isn't it really.

'nuff said.

**Pesca77** · 20-04-2012 22:12

Originally Posted by biscotti

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

Definitely a judgment by me, I agree - but against the law that allows this case to be valid, not her personally. If it came across differently then that's unfortunate and I apologise. All my other posts clearly state I don't agree with the law I believe.

**singlemumma82** · 20-04-2012 22:13

The way I see it the hotel is at fault for dodgy fittings, and perhaps if they weren't having such rough s.ex this wouldn't have happened.

Does this mean if they used the light firing to perhaps be hand cuffed too and then in the process of having their way with each other they can still claim under workers comp because if she wasnt there on business it wouldn't have happened?

Yes normal s.ex is expected, rough sex, well I broke a bed doing so and I hold DP and I responsible and accept full costs as a result of our activities, whether we where at home or away on a business trip. OUR rough activities caused the damage (or in this case, injury).

**share a book** · 20-04-2012 22:16

Originally Posted by Pesca77

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.

It is no different. We chose to stay there and have dinner and drinks. We did not have to. The meals were paid for (not drinks) so we took advantage, but the restaurant shut at 9, we stayed for another drink, just a group of mates. It is exactly the same and I cannot see how it is any different. From your logic, if the conference finished at 6, work compensation cut off at 6. It does not, so it did not for this poor woman either.

**Pesca77** · 20-04-2012 22:22

Originally Posted by share a book

It is no different. We chose to stay there and have dinner and drinks. We did not have to. The meals were paid for (not drinks) so we took advantage, but the restaurant shut at 9, we stayed for another drink, just a group of mates. It is exactly the same and I cannot see how it is any different. From your logic, if the conference finished at 6, work compensation cut off at 6. It does not, so it did not for this poor woman either.

I don't agree, i think both scenarios are different and that's not my logic above at all...but anyway, no point continuing....

**share a book** · 20-04-2012 22:26

Originally Posted by Pesca77

I don't agree, i think both scenarios are different and that's not my logic above at all...but anyway, no point continuing....

You are saying she was on "her time" not work time. We were on "our time" after the conference finished. I fail to see how one could be covered but the other not?

**VicPark** · 20-04-2012 22:52

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?

Sue the motel as they are the negligent party.

**singlemumma82** · 20-04-2012 22:52

Originally Posted by share a book

You are saying she was on "her time" not work time. We were on "our time" after the conference finished. I fail to see how one could be covered but the other not?

You weren't having rough s.ex to the extent a light broke off the wall, but different in my eyes.

Work places agree with socialising yes, but crazy, break the place s.ex, I think not.