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  1. #31
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    Quote Originally Posted by Pesca77 View Post
    I certainly do see your point. But it's not the actual $ex part i find a joke as such, its that this incident is still considered work comp.

    Let me give you another view perhaps - if I went out for dinner with friends whilst away with work (which I do often!) and hurt myself, I would never consider this my companies responsibility. I would claim this on my ravel insurance - not my workplace. If it was a work dinner/function then sure, but not if it's a personal dinner/my choice.
    Then that is your choice and irrelevant.

  2. #32
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    Quote Originally Posted by BigRedV View Post
    If I leave work to go to the shop, I sign out so I am covered if anything happens.
    Yeah I can certainly understand that. But you aren't covered each evening when you go home.

    This happened at 11pm at night through their own personal actions, not whilst 'on the clock' so to speak. It was her choice to call her friend, go out for dinner, come back and have rough $ex, regardless of where she was. They have admitted the light could have been damaged by them anyway, so that's why I have an issue with this particular claim.

    Some ppl have argued that she was away for work, wouldn't have happened if not away etc - this is very true. But these resulted from her personal choices, not work related at all. My opinion would be the same if she was out dancing and fell over, this isn't about the $ex for me, its that I view this as her personal time and choices so why should her company be liable? She couldn't if it happened in her own home, so why do so when in a hotel? night time is private time IMO (unless at an evening work function of course).

    I don't know, maybe I'm a minority and have too much respect or am too soft on my employer!! But I would never consider them responsible for paying for an injury resulting in my own personal time and actions. Anyway....thanks for your thoughts everyone, it's good to see both sides

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  4. #33
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    Quote Originally Posted by Jakois View Post
    Why is it a disgrace?
    I have read the Federal Court documents. I also have significant experience in dealing with workers comp claims. Believe me, in my professional experience and opinion this claim should not have been successful, and yes that is based primarily on the fact that I have seen other claims been rejected which were far more substantial than hers.

    I dont know what kind of person she must be to want to air this type of thing in public anyway! Wouldn't you just deal with it yourself? I would. Would have loved to been a fly on the wall at her initial discussion with her employer.

    People are not happy about the lines between work and home life being blurred apart from when it suits them. If you were answering a work email on your blackberry at home and walked into a wall and hurt yourself would you be covered? No. Although frankly after this case who knows.

    It's like that ridiculous claim from the Telstra woman who hurt herself falling down stairs while wearing socks while working from home. She shouldn't have been wearing socks. And the only people who suffer are employees. My company and several others I know of are MUCH more reluctant to grant working from home requests now because of frivolous claims like this.

    People need to learn to take responsibility for their own actions and get out of this ridiculous entitlement-focused mentality which we are seeing more and more often.

    Anyway... Rant over. Sorry if my opinion annoys some, but this is directly applicable to my working life so my views may be stronger than others.

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  6. #34
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    Quote Originally Posted by Pesca77 View Post
    Yeah I can certainly understand that. But you aren't covered each evening when you go home.
    And that is the crux of the matter - she didn't go home, she couldn't go home, she had to stay away from home for work related matters and therefore she's covered by their insurance

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  8. #35
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    Quote Originally Posted by Pesca77 View Post
    Yeah I can certainly understand that. But you aren't covered each evening when you go home.

    This happened at 11pm at night through their own personal actions, not whilst 'on the clock' so to speak. It was her choice to call her friend, go out for dinner, come back and have rough $ex, regardless of where she was. They have admitted the light could have been damaged by them anyway, so that's why I have an issue with this particular claim.

    Some ppl have argued that she was away for work, wouldn't have happened if not away etc - this is very true. But these resulted from her personal choices, not work related at all. My opinion would be the same if she was out dancing and fell over, this isn't about the $ex for me, its that I view this as her personal time and choices so why should her company be liable? She couldn't if it happened in her own home, so why do so when in a hotel? night time is private time IMO (unless at an evening work function of course).

    I don't know, maybe I'm a minority and have too much respect or am too soft on my employer!! But I would never consider them responsible for paying for an injury resulting in my own personal time and actions. Anyway....thanks for your thoughts everyone, it's good to see both sides
    If you are away for work, you are covered for the duration. If you are injured, making a claim is your choice and not about respect or standards.

  9. #36
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    Quote Originally Posted by kw123 View Post
    I have read the Federal Court documents. I also have significant experience in dealing with workers comp claims. Believe me, in my professional experience and opinion this claim should not have been successful, and yes that is based primarily on the fact that I have seen other claims been rejected which were far more substantial than hers.

    I dont know what kind of person she must be to want to air this type of thing in public anyway! Wouldn't you just deal with it yourself? I would. Would have loved to been a fly on the wall at her initial discussion with her employer.

    People are not happy about the lines between work and home life being blurred apart from when it suits them. If you were answering a work email on your blackberry at home and walked into a wall and hurt yourself would you be covered? No. Although frankly after this case who knows.

    It's like that ridiculous claim from the Telstra woman who hurt herself falling down stairs while wearing socks while working from home. She shouldn't have been wearing socks. And the only people who suffer are employees. My company and several others I know of are MUCH more reluctant to grant working from home requests now because of frivolous claims like this.

    People need to learn to take responsibility for their own actions and get out of this ridiculous entitlement-focused mentality which we are seeing more and more often.

    Anyway... Rant over. Sorry if my opinion annoys some, but this is directly applicable to my working life so my views may be stronger than others.
    I find it offensive that you would want to see cases thrown out because in your view it is seen as a lesser case than other ones you have seen.

  10. #37
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    Quote Originally Posted by kw123 View Post
    I have read the Federal Court documents. I also have significant experience in dealing with workers comp claims. Believe me, in my professional experience and opinion this claim should not have been successful, and yes that is based primarily on the fact that I have seen other claims been rejected which were far more substantial than hers.

    I dont know what kind of person she must be to want to air this type of thing in public anyway! Wouldn't you just deal with it yourself? I would. Would have loved to been a fly on the wall at her initial discussion with her employer.

    People are not happy about the lines between work and home life being blurred apart from when it suits them. If you were answering a work email on your blackberry at home and walked into a wall and hurt yourself would you be covered? No. Although frankly after this case who knows.

    It's like that ridiculous claim from the Telstra woman who hurt herself falling down stairs while wearing socks while working from home. She shouldn't have been wearing socks. And the only people who suffer are employees. My company and several others I know of are MUCH more reluctant to grant working from home requests now because of frivolous claims like this.

    People need to learn to take responsibility for their own actions and get out of this ridiculous entitlement-focused mentality which we are seeing more and more often.

    Anyway... Rant over. Sorry if my opinion annoys some, but this is directly applicable to my working life so my views may be stronger than others.
    I agree. It's getting ridiculous. Personal responsibility seems to have flown out the window. I understand if she hurt herself at work, or was in an accident. Part of her job description is not "go back to your hotel and have sex" I don't care if she did. Have s.ex good on you but then claiming workers comp cause a light fell on you. Your work has no control over what you do outside work hours. Just because they paid for a hotel does not mean they have control over her actions. 11 pm at night was not her work hours.
    If she cut herself shaving would that go on workers comp? If she got food poisoning would you get comp? If she fell pregnant would she hit her work up for costs? After all it was a business related trip.
    Just silly stuff.

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  12. #38
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    Quote Originally Posted by kw123 View Post
    I have read the Federal Court documents. I also have significant experience in dealing with workers comp claims. Believe me, in my professional experience and opinion this claim should not have been successful, and yes that is based primarily on the fact that I have seen other claims been rejected which were far more substantial than hers.

    I dont know what kind of person she must be to want to air this type of thing in public anyway! Wouldn't you just deal with it yourself? I would. Would have loved to been a fly on the wall at her initial discussion with her employer.

    People are not happy about the lines between work and home life being blurred apart from when it suits them. If you were answering a work email on your blackberry at home and walked into a wall and hurt yourself would you be covered? No. Although frankly after this case who knows.

    It's like that ridiculous claim from the Telstra woman who hurt herself falling down stairs while wearing socks while working from home. She shouldn't have been wearing socks. And the only people who suffer are employees. My company and several others I know of are MUCH more reluctant to grant working from home requests now because of frivolous claims like this.

    People need to learn to take responsibility for their own actions and get out of this ridiculous entitlement-focused mentality which we are seeing more and more often.

    Anyway... Rant over. Sorry if my opinion annoys some, but this is directly applicable to my working life so my views may be stronger than others.
    I started reading your post, and was going to ask you how you felt about the woman who made the claim after falling while working at home, and then I read on.


    I don't know. the workplace is probably infringing more on the home life than it did previously, so it seems appropriate that the workcover boundaries are widened. I do agree that an unfortunate side effect is that employers may be loath to grant work from home arrangements, which is something particularly desirable for women returning to the workplace, as they really need to now inspect the home workplace, ensure it is safe, and set guidelines, which will just be too much trouble for a lot of employers, I imagine.

    I do think people are more outraged about this case due to a certain moral digust, which is unwarranted. It seems she is expected to be ashamed of herself for having casual sex.

  13. #39
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    That's funny because I work with an Industrial Officer who deals with this kind of thing on a daily basis and he doesn't see the issue, he just thinks it's ridiculous that there has been this uproar because she was having intercourse at the time.

    She was away. On a WORK trip. She was injured.

    This is what happens when somebody is on a work trip and they are injured. The media are just turning it into a circus because it was a woman having s3x. She could have simply sat on the bed and the light could have fallen on her and the claim would be exactly the same.

    I also find it incredibly sad that a 'professional' who deals with WorkCover claims would question what 'kind' of person would use her right to make a claim for an injury that occured while on a work trip

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  15. #40
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    If a *fixed* fitting light a light fell on me in a motel, I would take it further. If it happened during a business trip, and affected my ability to work, I would claim workers comp. That's what it's there for! Light bulbs should not come down. She was only in that motel because of work, and was not doing anything like playing ball games that could damage lights.

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