Working from Home ...

[LONEWOLF]

Just a Question ... If You were forced to Work from Home due to Covid and You had a Bad Fall at home while working Would You be Entitled To make a Workers Comp Claim?

Daughters Boy Friend Has had a serious fall at home and has broken his leg in several places falling down the stairs... A very bad break that requires Surgery and can take up to 9mths to heal...

I feel the answer should be Yes, but according to his boss, they are saying No...

Thoughts?

LW...

 

[Rockhunter62]

My thoughts would be no. The boss's work place would of probably passed a work place health and safety inspection where as your daughter's boyfriends place probably hasn't so he would be working at his own risk in his own house.

Cheers

Doug

 

[7.62marksman]

My view would be that people were forced to work from home so that is classed as your place of work (see the government adds)
Its not his fault that WHS havent inspected his workplace
so maybe there is a claim
BUT he should get legal advice as all the bush lawyers in the world will not help him only make it worse

 

[Keitzy]

Hope he had income protection. I highly doubt you could put a claim in for that. Seek legal advice not advice from a forum on prospecting

 

[mbasko]

Just a Question ... If You were forced to Work from Home due to Covid and You had a Bad Fall at home while working Would You be Entitled To make a Workers Comp Claim?

Daughters Boy Friend Has had a serious fall at home and has broken his leg in several places falling down the stairs... A very bad break that requires Surgery and can take up to 9mths to heal...

I feel the answer should be Yes, but according to his boss, they are saying No...

Thoughts?

LW...

Similar case here:
https://www.shine.com.au/blog/workers-compensation/working-from-home-workplace-injury

 

[RM Outback]

This is the exact reason working from home will die a sudden death once we are on top of covid. The only way around it will be to set up your own ABN and contract, paying your own insurances. I'm sure people will sook and carry on to continue working from home but Insurance companies will dictate the outcome at the end of the day.

I'm with you LW he should be covered, if I were him I'd be seeking legal advice pronto.

 

[diggit]

If he's the homeowner then I guess he can sue himself for damages! The government dictated that people work from home so I don't see a case against the employer being successful due to 'state of emergency being called but then I'm not a lawyer and this is not legal advice.

 

[HippyProspecting]

They might have a chance at a no fault claim which might cover bills while off injured but I doubt they will be able to sue for negligence. I'm no lawyer so this is just my opinion. Also be prepared for the case to drag on well after the injury has healed.

On second thought, tell them to speak to a solicitor. They will guide them through the process better than a bunch of strangers online.

Good luck and all the best

 

[LONEWOLF]

Well thanks for the Advice? He spoke to a higher up Boss today and He said that he may have a claim, but since he has been with them for 10+yrs, They will pay him for a few weeks... They will cover him for the time he recovers from Surgery, about 6 weeks.. Then he would be mobile enough to fulfil full duties from home and will be back on full wages.... So a good outcome...

His boss said because of the Pandemic, There are ways for workers comp to apply to those forced to work from home... Just because his place of work hasn't been inspected is not relevant... Imagine a Construction site having to have inspections every day cause of a constantly changing work environment....

Yes I understand this is not the place for legal advise and that is not what I was asking for... Opinions is what I asked... And got... Thanks.. :Y:

LW.....

 

[LONEWOLF]

Just a Question ... If You were forced to Work from Home due to Covid and You had a Bad Fall at home while working Would You be Entitled To make a Workers Comp Claim?

Daughters Boy Friend Has had a serious fall at home and has broken his leg in several places falling down the stairs... A very bad break that requires Surgery and can take up to 9mths to heal...

I feel the answer should be Yes, but according to his boss, they are saying No...

Thoughts?

LW...

Similar case here:
https://www.shine.com.au/blog/workers-compensation/working-from-home-workplace-injury

Haha same Employer. ... So yes he has a claim. Precent has been set.... But won't need to proceed with a WC claim...

LW...

 

[silver]

Just a Question ... If You were forced to Work from Home due to Covid and You had a Bad Fall at home while working Would You be Entitled To make a Workers Comp Claim?

Daughters Boy Friend Has had a serious fall at home and has broken his leg in several places falling down the stairs... A very bad break that requires Surgery and can take up to 9mths to heal...

I feel the answer should be Yes, but according to his boss, they are saying No...

Thoughts?

LW...

Similar case here:
https://www.shine.com.au/blog/workers-compensation/working-from-home-workplace-injury

Haha same Employer. ... So yes he has a claim. Precent has been set.... But won't need to proceed with a WC claim...

LW...

Lets you read for a few seconds.... then this lol

 

[silver]

Neither continue, or no thanks does anything for me :lol:

 

[Keitzy]

... Just because his place of work hasn't been inspected is not relevant... Imagine a Construction site having to have inspections every day cause of a constantly changing work environment....
LW.....

Well that is sorta relevant... if his stairs arent constructed to code, or he had loose fitting carpet or shonky rails/balustrade that would fall under negligence and not providing himself a fit, safe and proper workplace :lol:

Hopefully things work out reguardless for him..... and maybe hint at him at looking at income protection ... can even get some coming out of your super. Salary sacrifice the difference into your super and the savings in tax make it cheapish..... for future trips and falls

 

[LONEWOLF]

Neither continue, or no thanks does anything for me :lol:

Silver, the reason they ask that is because different states have different laws... Its the same with Motor Vehicle Personal injury claims... Vary State to State...

Trust me it won't take you to the "Dark Side" or "Voodoo Land"......

LW...

 

[LONEWOLF]

... Just because his place of work hasn't been inspected is not relevant... Imagine a Construction site having to have inspections every day cause of a constantly changing work environment....
LW.....

Well that is sorta relevant... if his stairs arent constructed to code, or he had loose fitting carpet or shonky rails/balustrade that would fall under negligence and not providing himself a fit, safe and proper workplace :lol:

Hopefully things work out reguardless for him..... and maybe hint at him at looking at income protection ... can even get some coming out of your super. Salary sacrifice the difference into your super and the savings in tax make it cheapish..... for future trips and falls

Ever tried to tell Young ones what to do..? I know your answer....

Yes the Fools took out $20,000 each during Covid and now they have zero to show for it...

They told Us they were using it as a house Deposit, But just had a good time with it. :beer: arty: ...

Mum and I are Fuming, but what can we do....

Anyhow I spoke to them only a few weeks ago about Salary Sacrifice to make up for the loss, and about Income Protection... I think Now they realise just what that means....

LW...

 

[Keitzy]

40k would of been a great party... wish I attended :lol:

Even 30 bucks a week Salary sacrifice is a great start. Good tax benefits, lower tax on the sacrifice and in 20 years = roughly 50-60ish k extra in the super.

 

[LONEWOLF]

Yes they are regretting their decisions now Keitzy.... I didn't get an invite or a beer out of it either...

Its a small amount isn't it and glad I did that most of my working life....

All young ones should do it... Makes a massive difference...

LW....

 

[Redfin]

But won't need to proceed with a WC claim...

LW...

Then he is a fool.
Is his employer or supervisor going to corroborate him 20 years down the track when things get worse.
Every employee is only a number, there is no loyalty,
Make a claim, start a paper trail, just in case.

 

[Redfin]

Even 30 bucks a week Salary sacrifice is a great start. Good tax benefits, lower tax on the sacrifice and in 20 years = roughly 50-60ish k extra in the super.

My adult children, like I did, upped super contributions to 15%, made a huge difference to me, as it will to them.

 

[LONEWOLF]

Food for thought there Redfin.... :Y: erfect:

LW...