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  1. #151
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    Quote Originally Posted by michellek View Post
    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.

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    Thanks for the clarification, this would have been my thoughts too. Those that are covered for this are obviously lucky.

    I can't see how it's your employers' responsibility for you on your way to/from work outside of work hours. Otherwise they could potentially state you weren't allowed to stop for coffee/dry cleaning/drinks after work or any other deviations to your journey that could be a higher risk etc But that's a whole other debate

  2. #152
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    Quote Originally Posted by Benji View Post
    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.
    .
    This would definitely be considered 'working', regardless of what they were doing at the time. They are at work, during work hours, on a scheduled work break that they are paid for. Compensation in this case would be completely valid.

  3. #153
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    I am pretty sure in QLD if you are on your way home from work and stop off somewhere you are only covered until that first stop off.

    My ex was in a serious motor crash on the way home from work. He was seriously injured. Nearly a year later he is still under workers comp as he probably won't be able to do manual work ever again.

    He was saying that day if he had stopped off for fuel before that accident he would not have been covered.

    I don't see what the fuss is really. She was away for work, she injured herself. Her work did not pay their insurance policy did. That is what they pay it for!

  4. #154
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    Quote Originally Posted by Pesca77 View Post
    This would definitely be considered 'working', regardless of what they were doing at the time. They are at work, during work hours, on a scheduled work break that they are paid for. Compensation in this case would be completely valid.
    I don't really see the difference between my example and this woman's claim. She was at work, on a scheduled break.

    I do think people's issue is that she was having sex, as you said yourself you'd be fine with a claim after drinking and tripping on a work trip, just not this. The thing people don't like is that she was having a shag.

    She would've been paid for the trip because it's work related. She was 'working'. No different to a cigarette break, going to the toilet or tripping over while on a work trip.

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  6. #155
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    Quote Originally Posted by Benji View Post
    I do think people's issue is that she was having sex, as you said yourself you'd be fine with a claim after drinking and tripping on a work trip, just not this. The thing people don't like is that she was having a shag.

    She would've been paid for the trip because it's work related. She was 'working'. No different to a cigarette break, going to the toilet or tripping over while on a work trip.
    That's not actually what I said - for me it's not the $ex, it's the timing of the event. The example of drinking/slipping needs to be read in context too - if this happened at a work event then yes it should be covered. If it happened on a personal night out with friends, nothing to do with work, then no. That's it, the $ex is irrelevant (for me anyway).

    Also you have mentioned a few times now that people are paid to travel for work - this is not always (or often) the case. I travel every fortnight and don't get paid extra for this at all, nor do my colleagues - all expenses are covered whilst away, but not the extra hours I'm away from home. That's perhaps why I have a hard time accepting that my employer has to pay for what I decide to do in my private time whilst away. ImNOT on the clock 24/7. Yes they send me away, but they don't dictate what I do on my personal evenings etc

    Anyway...going around in circles now! Everyone has their own views and opinions which should be respected, even if we don't agree

  7. #156
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    You don't get LAHA? Not sure how far you travel but I think you're being ripped off.

    She was was obviously away overnight for this work do, she would've been paid for being away from home unless her employers are dodgy.

  8. #157
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    Quote Originally Posted by MissMuppet View Post


    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?
    Yes, that is exactly what I'd prefer to see. Unless they are negligent the burden shouldn't be on the employer. Employers are the cornerstone of the economy. If we burden them ....we screw ourselves in terms of job creation and standard of living.

  9. #158
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    The hotel should pay compo, not the employer

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    Quote Originally Posted by VicPark View Post
    Yes, that is exactly what I'd prefer to see. Unless they are negligent the burden shouldn't be on the employer. Employers are the cornerstone of the economy. If we burden them ....we screw ourselves in terms of job creation and standard of living.
    The employer ISN'T bearing the cost, Workcover is - that's why they have Workcover insurance, in order to protect the worker financially in cases just like this.

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  12. #160
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    Quote Originally Posted by Benji View Post
    You don't get LAHA? Not sure how far you travel but I think you're being ripped off. She was was obviously away overnight for this work do, she would've been paid for being away from home unless her employers are dodgy.
    Yes, taxation determination TD 2009/15 spells out what is a reasonable travel allowances, and if your not being paid these, you can claim extra stuff - see your accountant and get proper advise, but also use this determination to bargain for an allowed at your review time

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