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  1. #161
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    See I dint have a problem with the sex thing.. I think that unless an injury happens AT work, on WORK time then compo shouldn't apply.. Like the cigarette example earlier. But hey.. The law is the law and it says you're covered.

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

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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.
    So you'd prefer the burden rest on an already heavily stretched welfare system as opposed to the workcover insurers??

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  4. #163
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    Quote Originally Posted by Happy2be3 View Post
    See I dint have a problem with the sex thing.. I think that unless an injury happens AT work, on WORK time then compo shouldn't apply.. Like the cigarette example earlier. But hey.. The law is the law and it says you're covered.

    ***Happy to be a Mummy & Daddy of ONE! :-) ***
    But she was on work time- paid to travel for work...

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    Ok I have only read the first couple of pages so excuse me if I'm going over old ground here.
    My husband travels for work. He often uses the gym at hotels. If he was doing some weights, accidentally dropped them too hard, and a light fitting shook and fell onto him, what's the opinion of 'worthiness' of work cover? Let's assume there was no sign saying 'please don't drop weights'
    I see this as the same as the woman's claim. It is outside work hours, not instructed by his work, a recreational activity etc.

    Ps this is a hypothetical, my hubby is too lazy for gym these days!!!

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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.
    No I don't receive LAHA as all my expenses are covered whilst away. I travel domestically and also UK/Hong Kong/Singapore. I've been in sales/traveling roles for 10yrs and never get paid for the additional hours, it's considered part of your package. I can assure you my company isn't dodgy and this is in fact quite normal for roles with frequent travel. As a PP just mentioned, you can claim anything extra at tax time if required.

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    Quote Originally Posted by Atropos View Post
    So you'd prefer the burden rest on an already heavily stretched welfare system as opposed to the workcover insurers??
    My first preference is for people to sue negligent parties and recover costs that way. My second preference is for folks to have income protection insurance (many people automatically have this through their super). My third preference is welfare. Sure there is. Cost, however I believe the overall impact to society/the economy is less than with the employer based workcover model.
    Last edited by VicPark; 21-04-2012 at 20:59.

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    Quote Originally Posted by peasmum View Post
    Ok I have only read the first couple of pages so excuse me if I'm going over old ground here.
    My husband travels for work. He often uses the gym at hotels. If he was doing some weights, accidentally dropped them too hard, and a light fitting shook and fell onto him, what's the opinion of 'worthiness' of work cover? Let's assume there was no sign saying 'please don't drop weights'
    I see this as the same as the woman's claim. It is outside work hours, not instructed by his work, a recreational activity etc.

    Ps this is a hypothetical, my hubby is too lazy for gym these days!!!
    If any equipment was faulty the
    Hotel should offer compensation. If the equipment was in good Nick then your hubby should suck it up
    And pay for his own recovery/get help from centrelink.

  9. #168
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    Ahh yes, more people trying to survive on Centrelink. That would be great. Not.

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  11. #169
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    Gothel is offline Skip the drama, stay with Mama!
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    Quote Originally Posted by Pesca77 View Post
    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.
    Wahay its nice to agree on something at least

    Quote Originally Posted by VicPark View Post
    And let's hope you never have a business that goes bust because of skyrocketing insurance premiums due to bs claims like this..
    Funny you should mention that actually. This is exactly what happened to my parents in their own business. A former employee brought a totally bs claim that she had injured her back while entering the premises. She sued for damages, huge damages, and took her claim to the high court (not in Australia so not under workcover). Without going into details, we had true concrete proof that it was a bunch of cr@p. As is right in a democratic society, she had the right to pursue her case in a court. She was awarded (and I quote her barrister) 'costs plus enough for a cup of coffee". Minimal payout for her and absolutely no financial penalty to my parents, not even a premium increase. *That* was a BS case and was treated as such.

    I have faith in our court systems, I believe that true BS cases are treated as such, particularly since they changed the system to put the onus on the claimant to prove a certain % of disability (not sure if I have worded that correctly, I hope that makes sense). I presume this lady we are discussing here had injuries that exceeded that threshold.

    So like I said earlier, I hope you are never in her situation.

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    Quote Originally Posted by VicPark View Post
    My first preference is for people to sue negligent parthavens recover costs that way. My second preference is for folks to have income protection insurance (many people automatically have this through their super). My third preference is welfare. Sure there is. Cost, however I believe the overall impact to society/the economy is less than with the employer based workcover model.
    Sue at great personal outlay with months or years before seeing any recompense?? How many people can afford this path? Income insurance is not always included in super so centrelink would be the only option. In other words, if you get hurt or even permanently disabled say on the way to work or in a scenario like this woman, and you cannot afford to sue, and don't have insurance in your super (and low to mid income earners can't necessarily afford to purchase this insurance either) then you have to go on disability payments and that's that? Wow. Reduce someone's quality of life, income and health in one fell swoop. That would do wonders for their mental health too. Sorry we will have to agree to disagree here. I think your idea of how things should work would be hugely detrimental and would further victimise injured workers.

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