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  1. #131
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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.
    But she was covered, obviously, she was on a work related trip. In a motel that her employer would have booked for her. If she went to the toilet and the toilet bowl broke and broke her leg I don't think people would take issue, it's the fact she was having sex instead of taking a crap that has people crying with moral indignation.

    Some EBAs include journey accident cover, some unions will cover you for this, too.

    If you're away on a work related trip you are covered, whether you trip and break your ankle while walking down the street or have a light fall on you.

  2. #132
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    Quote Originally Posted by Pesca77 View Post
    That's very interesting...thanks.
    There are some exceptions to it, like if you deviate on your journey etc.

    I was just googling as it appears that commonwealth employees may not be covered for journey claims as they are under different legislation (I think she was a commonwealth employee, which is why I mention it, but she wasn't on a journey anyway).

  3. #133
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    Quote Originally Posted by Benji View Post
    But she was covered, obviously, she was on a work related trip. In a motel that her employer would have booked for her. If she went to the toilet and the toilet bowl broke and broke her leg I don't think people would take issue, it's the fact she was having sex instead of taking a crap that has people crying with moral indignation.

    Some EBAs include journey accident cover, some unions will cover you for this, too.

    If you're away on a work related trip you are covered, whether you trip and break your ankle while walking down the street or have a light fall on you.
    I agree with you - she was 100% covered as the law stands today. Everyone keeps reiterating this point, but again for me personally I'm not disputing this aspect at all! I know since she was away for work she is therefore covered for this, I understand that and agree!

    It's just the law that actually classes this as a workplace injury is what I don't agree with, not her right to claim as such. I've tried explaining this view many times - I do not blame her, I blame the technicalities in the law that allows this just because her employer sent her there initially.

    I wonder if she would still be covered if she chose to extend her trip by a day to see her friend and then hurt herself? Should she still be covered in that situation? Going by the PP of some, then people think she should be covered for everything just because her work originally sent her...that's logic I don't agree with, but each to their own of course.

    I'm also not against workplace compo at all, it's an essential cover all employees are entitled too, absolutely. It's just my personal opinion that the cover should be reserved for actual injuries sustained whilst carrying out your duties or at work. If I was injured doing my job then I'd expect to be covered, thats not hypocrital at all. If I was injured in a hotel room then I would blame the hotel, not my company - that's the issue here for me, I can't speak for others though.

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  5. #134
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    Gothel is offline Skip the drama, stay with Mama!
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    Quote Originally Posted by Pesca77 View Post
    I wonder if she would still be covered if she chose to extend her trip by a day to see her friend and then hurt herself? Should she still be covered in that situation? Going by the PP of some, then people think she should be covered for everything just because her work originally sent her...that's logic I don't agree with, but each to their own of course.
    No I think if she chose to stay extra time she would not be covered for the extra time, in the same way someone mentioned earlier that if you deviate from your journey to/from work you are not covered. I don't know exactly where the cut-off point is though, whether its knock off time or midnight of the last day of work etc...

    Quote Originally Posted by Pesca77 View Post
    It's just my personal opinion that the cover should be reserved for actual injuries sustained whilst carrying out your duties or at work. ... If I was injured in a hotel room then I would blame the hotel, not my company - that's the issue here for me, I can't speak for others though.
    Ok so where is the cut-off point in 'carrying out your duties'. Say you attend an out-of-hours work function at the hotel where you are staying. While you are at the function you are covered because its work. Where do you think the 'cover' should stop? When you step outside the door of the function room? What if the loos are outside the room, Would you sue your employer you injured yourself while in the function room, but the hotel if it happened while you were at the loo? what if you slip on the actual doorstep of the function room, did that happen in or out of the room?

    If you were covered during the hours of the work function, and you spilled something on your dress who would be responsible if you injured yourself while changing in your room... or if the injury happened in your room after the function ended???? Same injury, same room, different times...

    Its all well and good for you not to agree but lets be practical here, to have to prove negligence/liability/responsibility in each and every case like this is absolutely impossible, a logistical and legal nightmare, impractical, unworkable... imagine the legal workload of work/hotel trying to disprove their liability...

    i would guess that is why the law has been set up as it is, if you are there at the behest of your employer, they bear the 'responsibility'
    Last edited by Gothel; 21-04-2012 at 13:23.

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    Its not money grabbing, she's not making money out of this. Its compensation. She will have had medical costs, time off work, psychologist bills. A workcover claim is quite modest - its no big windfall by any means. Its to reimburse you for the consequences of the accident. Certainly no free ride to be injured.

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  8. #136
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    She was injured because of a light smashing not a p3nis injury to the face.
    Of course she should be covered. Good for her if she got laid on a work trip

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  10. #137
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    The Act she recovered under was the Safety, Rehabilitation and compensation Act (Cth). Its an interesting read. Anyone can read it for free on Austlii (google it). Cth employees are covered quite extensively for any injury occurring during your course of employment (course of employment is not just at work, working, its a much broader term than that.)

    There are good reasons for insuring people for injuries like this. Its cost shifting. Someone must pay the bills. An injured employee who can't work will quickly run out of resources. Would you rather they seek help from the welfare system, or claim from an insurance company set up specifically for injured employees? Its just a matter of practicality. In this country there are mechanisms to support people in times of hardship. They're far from perfect, and people still fall through the cracks, but I find it reassuring to know 'no fault'protections are in place.



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    It ****es me off though reading this that I didn't know about work cover and what my rights were when I dislocated my knee at work when I was 20. (like while working. On the premises. During my shift. Doing my job. NO grey area!!!) and I just didn't know. So they didn't pay me for the rest of the day (though I did actually stay at work?!?) bullied me into coming the next day, (child care, so no putting my feet up, I had to walk on it!) and I covered my medical expenses (probably only $100-$150 on GP, pain killers & anti inflamitaries and a stretchy knee brace thing - but STILL!)

    Bah!

    I hope aside from a bit of debate, I hope this case brings workers rights to people's attention who may not have known they had rights!

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    Quote Originally Posted by VicPark View Post
    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.
    But this woman is NOT suing. She made a Worker's Comp claim. She would be entitled to be paid her normal wage while off work due to injury and to have her medical needs covered. There is no indication she is trying to get a massive payout. Yet you suggest it would be less morally wrong for her to hire a private lawyer and actually sue the hotel- at a considerable personal outlay- for an injury sustained due to their negligence. I see why you may think that BUT look at it from a broader view- legally, she has followed the correct avenues. The only reason she was at the hotel was due to her WORK, so legally her employer is responsible for her safety while there. This was an accident sustained during a normal activity- it's not like she was smashing her face into light fittings to see how they'd hold up! It is NOT the responsibility of centrelink or super to support you through an injury sustained while away for work and why should she use up her sick leave?? And will that cover extraneous medical costs like medication etc? No. It won't
    I did jump to a conclusion because frankly, I didn't really believe you. You are throwing around the word "morally" etc when to be honest, morals don't really come in to this. But let's say your moral reference really was just that you think she is morally wrong for making her claim. The lady made a worker's comp claim. The employer covered her salary and medical costs. It is then up to the employer to recoup losses they have incurred from the negligent party- the hotel. That is the procedure. Not many people have the money to engage a lawyer and sue privately, and that is usually done to receive a lump sum payout and it takes months or even years. Well and good, but this lady obviously would have had time off and expenses then and there. By following the correct procedure she saved herself time and money, she was not a burden on centrelink etc and the avenue was still there for the employer to recoup their losses, so the negligent party still pays, the lady gets her treatment and is not out of pocket while recovering. Why is that such a "low act"?
    The facts are, she did nothing legally wrong, so legally, the story is indeed at it's end. Sorry if that offends you. If you think the laws should be changed, that's cool, go ahead and campaign for it. Imagine for a moment this woman was blinded- not inconceivable with a presumably glass fitting hitting you in the face. I'm sure you'll find people out there that have been so afflicted. Would you still say she should have sued the hotel and waited years for financial recompense while paying their own way out of....what? She'd likely be unable to work anymore- through no fault of her own. Her retirement fund? Or live in near poverty on disability payments? I actually think suggesting the laws change to reflect this is much lower, morally speaking. That is the end of the story from MY perspective.

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    I'm sorry I think the world has gone mad

    ***Happy to be a Mummy & Daddy of ONE! :-) ***


 

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