+ Reply to Thread
Page 6 of 21 FirstFirst ... 4567816 ... LastLast
Results 51 to 60 of 203
  1. #51
    Join Date
    Dec 2010
    Posts
    8,794
    Thanks
    3,395
    Thanked
    3,081
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    To break it down, a woman was in a location due to work. Something the should not have broken, at that location, did break, which caused injuries to her. The worker claimed compensation for injuries sustained because of something that was faulty. Why is that about morals or respect? Why are people so unsupportive of a working woman's workers comp claim?

  2. #52
    Join Date
    Nov 2011
    Posts
    3,666
    Thanks
    1,426
    Thanked
    1,431
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Quote Originally Posted by share a book View Post
    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.
    I actually agree with part of what you are saying above.

    However if you read all of the documents/reports circulating, the couple actually admit the light was very likely damaged by their rough play, it didn't just 'fall' down. And that's exactly why I have an issue with this being a 'work' claim.

    As per my previous posts, if the light did just fall then I would agree that this should be considered as a claim. But if they admit to their own negligence - regardless of whether it was via $ex or playing cards - then they should take responsibly for their own actions, just like they'd have to if it happened at home. Just IMO - everyone is entitled to their own views and I respect those.

  3. The Following User Says Thank You to Pesca77 For This Useful Post:

    kw123  (20-04-2012)

  4. #53
    Join Date
    Mar 2006
    Posts
    4,765
    Thanks
    1,903
    Thanked
    2,790
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    To everyone querying WHY she didn't just keep quiet and deal with it herself - presumably she had significant medical costs that occured following the incident. Perhaps she couldn't afford those costs herself (do we know anything about fer financial situation? children etc?), didn't have private health cover and had no option but to make a claim.

    A bit of understanding and empathy doesn't go astray...

  5. The Following 2 Users Say Thank You to shelle65 For This Useful Post:

    Gothel  (20-04-2012),MsMummy  (20-04-2012)

  6. #54
    Join Date
    Jul 2011
    Location
    Melbourne
    Posts
    5,005
    Thanks
    1,052
    Thanked
    3,524
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    I can't speak for others but my view has nothing to do with a moral judgement. I just happen to agree with the first judge who ruled against her:

    "it is insufficient for the employee simply to be at a particular location during an interval or interlude in an overall period or episode of work for liability for injury to arise. The activities engaged in during that interval which led to the employee's injury must be expressly or impliedly induced or encouraged by the employer. Although the connection need not be a close one, a Nexus is essential before liability will be incurred".

    The Appeal Judge disagreed and ruled the other way. Such is life I suppose. Ultimately these things come down to one person's interpretation and opinion.

    Do all of you think the first judge was morally judging her or do you think he was just interpreting the law as he saw fit?

  7. #55
    Join Date
    Dec 2010
    Posts
    8,794
    Thanks
    3,395
    Thanked
    3,081
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Quote Originally Posted by Pesca77 View Post
    I actually agree with part of what you are saying above.

    However if you read all of the documents/reports circulating, the couple actually admit the light was very likely damaged by their rough play, it didn't just 'fall' down. And that's exactly why I have an issue with this being a 'work' claim.

    As per my previous posts, if the light did just fall then I would agree that this should be considered as a claim. But if they admit to their own negligence - regardless of whether it was via $ex or playing cards - then they should take responsibly for their own actions, just like they'd have to if it happened at home. Just IMO - everyone is entitled to their own views and I respect those.
    It should not have broken during a normal activity. Like I said earlier, they were not throwing a ball around the room, they were using the bed for a normal bedroom activity.

  8. The Following User Says Thank You to share a book For This Useful Post:

    The Fox  (20-04-2012)

  9. #56
    Join Date
    Oct 2008
    Location
    Seasme Street
    Posts
    3,952
    Thanks
    607
    Thanked
    323
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    I think its reasonably to expect people to have sex in a motel bed. I dont think its reasonable to expect a light fitting to fall from the roof when engaging in these activities, rough sex or not.

  10. The Following 3 Users Say Thank You to The Fox For This Useful Post:

    Alexander Beetle  (20-04-2012),GothChick  (20-04-2012),share a book  (20-04-2012)

  11. #57
    Join Date
    Nov 2007
    Posts
    19,776
    Thanks
    5,212
    Thanked
    7,063
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 postsRuby Star - 15,000 posts
    kw123 I'd say that was the Judge's interpretation of the law.

    I know her employer claimed that they did not instruct her to have intercourse on the trip away (der) but I'm sure they also didn't instruct her to brush her teeth, go to the toilet, have a shower etc... these are all normal, everyday activities.

  12. The Following User Says Thank You to Benji For This Useful Post:

    jacobsmamma  (23-04-2012)

  13. #58
    Join Date
    Feb 2012
    Location
    Sydney, NSW
    Posts
    4,087
    Thanks
    1,466
    Thanked
    1,215
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    As return to work coordinator I though I had seen them all but this takes the cake! Honeslty, to me it's absolutely ridiculous but as ridiculous as is to me, it is a legit claim end of story. She's entitled to a workers comp claim and that's our system for you. I've seen some injuries in my workplace that make me really angry of the way our system works. Far too many loopholes where people get away with messing the system! Not fair for the legit claims but yea, she's entitled.

  14. #59
    Join Date
    Feb 2009
    Posts
    2,995
    Thanks
    1,382
    Thanked
    2,879
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Quote Originally Posted by FirstTimeMummy2012 View Post
    As return to work coordinator I though I had seen them all but this takes the cake! Honeslty, to me it's absolutely ridiculous but as ridiculous as is to me, it is a legit claim end of story. She's entitled to a workers comp claim and that's our system for you. I've seen some injuries in my workplace that make me really angry of the way our system works. Far too many loopholes where people get away with messing the system! Not fair for the legit claims but yea, she's entitled.
    So if she's entitled to the claim and it's legit, why would it make the news? Because she was shagging when it happened. That's what has made me annoyed. Who cares what she was doing. It's all above board, it's hardly newsworthy.

  15. #60
    headoverfeet's Avatar
    headoverfeet is offline The truth will set you free, but first it will **** you off. -Gloria Steinem
    Join Date
    Nov 2007
    Location
    Australia
    Posts
    18,954
    Thanks
    3,142
    Thanked
    4,892
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 postsRuby Star - 15,000 posts
    Awards:
    100 Posts in a week
    Quote Originally Posted by Alexander Beetle View Post
    So if she's entitled to the claim and it's legit, why would it make the news? Because she was shagging when it happened. That's what has made me annoyed. Who cares what she was doing. It's all above board, it's hardly newsworthy.
    Because sex sells.

  16. The Following User Says Thank You to headoverfeet For This Useful Post:

    FirstTimeMummy2012  (20-04-2012)


 

Similar Threads

  1. is workers compo worth it?
    By suemp in forum Family Finances
    Replies: 14
    Last Post: 01-05-2012, 12:10
  2. has your child caused u or DH an injury?
    By RmumR in forum General Chat
    Replies: 10
    Last Post: 14-02-2012, 08:25
  3. Work Injury
    By MissPoss in forum General Chat
    Replies: 9
    Last Post: 22-01-2012, 19:00

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Shapland Swim Schools
Shapland's at participating schools offer free baby orientation classes once a month - no cost no catches. Your baby will be introduced to our "natural effects" orientation program develop by Shapland's over 3 generations, its gentle and enjoyable.
sales & new stuffsee all
True Fairies
True Fairies is the first interactive website where children can engage and speak with a real fairy through the unique webcam fairy portal. Each session is tailored to the child, and is filled with enchantment and magic.
Visit website to find out more!
featured supporter
Carmels Beauty Secrets
An online beauty and wellness site which offers simple and effective time saving methods and tips which help you look younger for longer.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!