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  1. #141
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    Quote Originally Posted by Happy2be3 View Post
    I'm sorry I think the world has gone mad

    ***Happy to be a Mummy & Daddy of ONE! :-) ***
    In what way???

  2. #142
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    Quote Originally Posted by singlemumma82 View Post
    IMO, not that she was having s.ex, but crazy, destroy the room s.ex, bit different. Normal s.ex doesn't cause fittings to fall off walls.
    Maybe for her, going at it hammer and tongs is normal

  3. #143
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    Quote Originally Posted by MrsTiggyWinkle View Post
    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...



    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'
    This is a very interesting perspective, thank-you I can certainly see your points above and agree, it becomes a very grey area so it's easier to enforce a blanket style cover for all scenarios. I don't have to necessarily agree with it, but do accept it.

    To answer your question - for me there would be no 'cut off' point in a situation like you describe. If you are at a work function that extends to dinner/drinks etc then the entire time should rightly be covered. The case on topic was a lady quite clearly finishing her working day & organizing a completely personal evening - no grey lines for me. But I do get your points above about proving negligence etc The same regarding an accident on the way to work - what happens if you actually crashed from speeding/running late? That's your responsibility but you're allowed to claim against your employer? Definitely don't agree with that, but so be it if it's the law I guess.

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  5. #144
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    The world's mad because of how far workers comp is able to be claimed.. The boundaries are being stretched and stretched

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

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  7. #145
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    Quote Originally Posted by Happy2be3 View Post
    The world's mad because of how far workers comp is able to be claimed.. The boundaries are being stretched and stretched

    ***Happy to be a Mummy & Daddy of ONE! :-) ***
    No they aren't. They are very clear, as has been outlined in this thread already.

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    Atropos  (21-04-2012),Benji  (21-04-2012)

  9. #146
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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.
    Yes, traveling to work, as in at the station etc, you are covered.

  10. #147
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    Quote Originally Posted by MrsTiggyWinkle View Post
    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.
    And let's hope you never have a business that goes bust because of skyrocketing insurance premiums due to bs claims like this..

  11. #148
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    Quote Originally Posted by Pesca77 View Post
    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 think thank goodness she was covered! It can be difficult enough claiming workcover and if we start denying people like her workers' comp, then we have to start denying people who trip and fall on a work trip workers' comp.

    She was away on a work trip and was injured and was covered as ruled by a judge. If we say no to her, then it sets a precedent for others who are injured while away on work trips.

    If my collegues go downstairs for a cigarette, trip and break their ankle while in the office they are covered. They are not technically "working" at the time but the injury was sustained in work hours.

    The reason people are paid more when they travel is because it is seen as WORK. This doesn't mean they have no right to do anything remotely personal, they can watch tv, eat, sleep, have a shag... But they ARE paid for being away because it's on work's clock.

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  13. #149
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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.
    Depends what state you're in with regard to the workers comp legislation. In wa, journey claims, ie on your way to work & on your way home, is not covered by workers comp. Some Employers take out a journey insurance policy to cover their employees for such instances though those employees here who get that with their employers are pretty lucky I think.

    Sent from my HTC Liberty using BubHub

  14. #150
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    Quote Originally Posted by share a book View Post
    A court judge's decision is still apparently not good enough for the BH judges.
    Well that's not quite fair.... The first Judge's decision was good enough for me. But it seems that the first Judge's decision was not good enough for you? I think your point here is fairly moot, given that this was an Appeal decision.

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