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  1. #121
    Gothel's Avatar
    Gothel is offline Skip the drama, stay with Mama!
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    i'd be interested to know what her actual injuries were, i know it was facial but does anyone know any detail?

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    Quote Originally Posted by Atropos View Post
    Scenario- you are on the way to work. You slip down some stairs. You have severe injuries and need months off work to rehabilitate. Do you still feel you are not entitled to/deserving of compensation to help you after an ACCIDENT that happened to you on your way to work? You need physio, medication, time off but still need to eat and pay bills- does that make you a "money grabber"? You are judging her because when she sustained her injury she was engaged in an activity you disapprove of without even knowing her or her circumstances. She was away for WORK. An ACCIDENT occurred. She is covered. End of story. Your moral judgement in not relevant or warranted.
    Interesting scenario.

    1) If the stairs were in the workplace and there was some type of negligence (eg broken step or water on stairs) sue the employer.

    2) If the stairs were in the workplace, but there was no negligence on the part of the employer (eg it was an accident or the person was being careless) then the worker should suck it up. Use the 'incapacitated' benefits available to them with their super fund. Or use available sick leave. Or go to centrelink.

    3) If the stairs weren't in the workplace then don't sue the employer. Either sue whoevers negligent or if no one was use your super benefits/centrelink/sick leave.

    I love how you jumped to conclusions about where i was coming from despite me being pretty clear in my previous post (that you quoted) that it wasn't about the sex. I'm sure the dramatisation made your post look better for a moment.
    - To clarify: I am NOT judging the lady because she had sex. I'm judging her because she is suing a party that is Not negligent... Which I find to be a low act.

    And i love how people use the 'end of story' line in an attempt to shut others down. That doesn't work with my views .... as I think the laws are ridiculous and should be changed. So it's not the 'end of story' from my perspective.
    Last edited by VicPark; 21-04-2012 at 09:37.

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    Pesca77  (21-04-2012)

  4. #123
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    The average person only has 10 days pa sick leave, and tpd through insurance or super would not be payable for a lot of claims. A lot of ppl don't have ip insurance due to cost, and centrelink is grossly inadequate.

    An employer enjoys the fruit of their employees' labours for profit, and bear the risk of something happening during work time. It doesn't seem just to shift the risk to the people who can least afford it. In saying that, I feel for employers, as from what I understand, wc shifts all or most of what it pays out back to the employer, but you just pay it over a longer time rather than upfront.

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    I dont see a problem with her claim

  6. #125
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    Quote Originally Posted by VicPark View Post
    2) If the stairs were in the workplace, but there was no negligence on the part of the employer (eg it was an accident or the person was being careless) then the worker should suck it up. Use the 'incapacitated' benefits available to them with their super fund. Or use available sick leave. Or go to centrelink.
    Well lets just hope that you or anyone else here is never in the position where they have to 'suck it up' and stretch their centrelink benefits to pay for rehab because they were injured on work time. Honestly, what is the point of having an insurance/compensation fund if you have to prove negligence. Accidents happen. I really and truly hope your words don't come back to haunt you or any of your loved ones.

    You are entitled to your opinions but thankfully that is not actually how the Workers Comp system works, and I have to say I'm glad that this is the case.

    I'm in the camp that thinks its irrelevant what she was doing or what time it happened. She was there on work business and would have otherwise been at home. If she had slipped/tripped/somersaulted on the bed, all alone, and an injury had resulted, this would never have made the news and none of us would have been any the wiser.

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    I hope everybody against this never files a work cover claim or they would be ridiculously hypocritical. Anyhoo, thankfully the judge didn't agree and the poor lady got to keep her name out of the papers.

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    Quote Originally Posted by Atropos View Post
    Scenario- you are on the way to work. You slip down some stairs. You have severe injuries and need months off work to rehabilitate. Do you still feel you are not entitled to/deserving of compensation to help you after an ACCIDENT that happened to you on your way to work? You need physio, medication, time off but still need to eat and pay bills- does that make you a "money grabber"? You are judging her because when she sustained her injury she was engaged in an activity you disapprove of without even knowing her or her circumstances. She was away for WORK. An ACCIDENT occurred. She is covered. End of story. Your moral judgement in not relevant or warranted.
    Can you please clarify what you mean by 'on the way to work'?

    If you meant within the building on way to desk or whatever, then yes you are at work on their premises etc As the law stands today you would totally be covered.

    If you meant literally on the way to work, e.g. Haven't arrived yet, slipped at home/train station etc then I wouldn't think that would be covered by workers comp? I could be wrong though so would be interested if anyone here has first hand knowledge?? I'm genuinely curious as to whether traveling to work (not yet started/arrived) is covered.

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    I see nothing wrong with her claim. If work had sent me off to a hotel (I wish!!!) and a light hit me- (whether it was through sex, while I was sleeping, watching tv- whatever) and I sustained injuries- well I think the hotel is at fault...

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    Quote Originally Posted by Pesca77 View Post
    Can you please clarify what you mean by 'on the way to work'?

    If you meant within the building on way to desk or whatever, then yes you are at work on their premises etc As the law stands today you would totally be covered.

    If you meant literally on the way to work, e.g. Haven't arrived yet, slipped at home/train station etc then I wouldn't think that would be covered by workers comp? I could be wrong though so would be interested if anyone here has first hand knowledge?? I'm genuinely curious as to whether traveling to work (not yet started/arrived) is covered.
    I don't know about other states, but in Queensland, if you, say, have a car accident on the way to work, you are covered. If the other driver is at fault, you lodge a work cover claim, and then also lodge a CTP claim against the at fault driver. The at fault driver's CTP pays out workcover as part of its settlement.

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    LoveLivesHere  (21-04-2012),share a book  (21-04-2012)

  12. #130
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    Quote Originally Posted by MsMummy View Post
    I don't know about other states, but in Queensland, if you, say, have a car accident on the way to work, you are covered. If the other driver is at fault, you lodge a work cover claim, and then also lodge a CTP claim against the at fault driver. The at fault driver's CTP pays out workcover as part of its settlement.
    That's very interesting...thanks.


 

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