JustAl stacked today

In a way you could see the travel as work related because you wouldnt be
doing that trip if you werent going to or returning from work.

A friend got a workers comp payout for a bike smash (Ducati Darmah) that put
him in a wheelchair years ago even though he'd been to the pub and had a few
to drink as it was his regular trip home every Thursday after work to stop
at the pub with workmates then continue on home. The smash was caused by
road conditions(diesel spills and heavy rain), the drinking had nothing to
do with it, the police even said that. Took 10 years for the insurance
company to be willing to settle the case though.

Al

 

works both ways actually,

such as under the rail act, a railway employee has to have a blood alcohol
level of 0, even if on their way to work on foot... thats all railway
employee's

 

I'm not arguing that it isn't 'work related' I'm just arguing that it isn't
(in a Venn diagram sort of sense) part of 'work' it is part of the greater
area 'work related'.

And the justification for the costing system for Workcover premiums relies
on employers controlling risk factors in the workplace and rewards or
punishes them depending upon how well they (and the greater industry they
are a part of) perform at that task.

When you include travel to and/or from work you are including actions and
responsibilities ourside the direct (or indirect) control of the employer.

That has a couple of implications... either you need to make that journey
subject to a set of work controls; something I am uncomfortable with as
peoples unpaid time should be their own to use as they see fit as far as
possible. Some employers have never the less done this to varying degrees.

Or alternatively you need to change the costing structure for Workcover so
that accidents (incedents) that happen in that travel period aren't
reflected by adjustments in the premium cost, if neither is done then the
justification for the costing structure is seriously flawed.

I wouldn't have a problem with the government reintroducing cover for that
period of travel as such, I just (to paraphrase myself) have a problem with
being penalised for actions which no reasonable person would believe we can
control.

It isn't as if Workcover is a no fault system after all... if it was we
wouldn't be having this discussion.


G-S

 

It's not up to the business to determine which insurance scheme pays his
claim, so it's not an option at all.

Nev..
'04 CBR1100XX

 

what,

making sure your workers arnt fatigued,
monitoring their conditions at work, ie, not turning up pissed, hung over
etc isnt your responcbility,

although i must agree, an empler cant take responcibility for any dangers
they have on the way to work. not like they are in controlof them..

but in saying that i fi have a crash at work, or even get into a blue with
an unhappy customer off duty, should work cover be involved?

 

Duty of care , I think there is some elements which make it so .

regular route to and from

two questions there .

yes to the first and no to the 2nd

 

Yep, the bloke that fell asleep behind the wheel and rolled his Escort into
my front yard(when i used to live in Guildford) after working a double shift
would certainly call the accident work related.

For me it was a hell of a way to get woken up, luckiliy he was uninjured.

Al

 

Had a similar thing happen a few weeks ago on a Friday night a car ended up
taking out a large sandstone boulder in my front yard, he stopped on top of
the boulder with all 4 wheels 2 feet in the air. He could not work out why
he could not reverse back onto the road.

Boxer

 

For him too, no doubt.

Nev..
'04 CBR1100XX

 

Photos ?

Nev..
'04 CBR1100XX

 

Sure where do you want them.

It was at night so the flash did not do the Sudanese driver justice.

Boxer

 

Well im pretty sure it does cover me, because under common law, i am a
police officer until im told im not, so technically i never leave work!

in anycase, its directly related to work, hence why we can still charge
people with assaulting a police officer, even if im off duty if its related
to work..

and yes, it happens a fair bit..