VIC Compensation for Skiing Accident Overseas - What to Do?

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dizonvictor

Active Member
31 July 2018
9
0
31
Hello.

I was involved in a skiing accident whilst overseas in Chile. I was not injured but the other person was. An incident report was made where I explained that I was going down the track and she was entering from the side. Being both a beginner, we both collided and she injured her upper arm.

I was told she had medical insurance and her medicals will all be covered. However I received an email stating that although it was an accident I am being asked to compensate for their hotel cost that they paid for that they didn’t utilise.

If I was not to compensate within 10 days they will legal action will be taken and inform my employer (as it was a work trip) and I could potentially lose my job.

I was wondering what are my rights towards this? Is it right that although an accident that somehow they were at fault I should pay them compensation?

With them being overseas will I be needing an overseas lawyer if I get sued?

I feel like I am being blackmailed. Should I reply or leave it?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Don't take this the wrong way, but this seems highly suspicious on the surface. That's not because of what you have stated - but because of what you haven't.
  1. Who is this other person? Did you know them before the accident?
  2. How serious was the injury?
  3. You mention an "incident repost" which I assume is a typo and should read "incident report". Who filled out this report? Were you given a copy of it?
  4. If you didn't know the other person before the accident, then how did they get your email address and how do they know who your employer is? Who you're employed by is not in any way relevant to the incident - unless....
  5. Why would you lose your job unless you were doing something you should not have been doing? Were you skiing in your own time at your own expense, or were you skiing on company time at their expense without their knowledge?
  6. If you weren't doing anything wrong and it was a work related trip, then why haven't you told your employer yourself? Surely if the accident was serious enough to warrant someone filling out an incident report, this should have been the first thing on your list.
  7. Who is the email from? The other person or a lawyer?
I'm afraid you'll need to plug some holes before anyone here can offer any worthwhile advice.
 

dizonvictor

Active Member
31 July 2018
9
0
31
Hello scruff my apologies for fhe typo and misinformation. I wrote this last night out of anxiety. Thank you so much for taking your time to reply. With regards to your questions.

1) I did not know the person before the accident and the person is a Chile national.

2) The injury is split humerus (upper arm). She has been out of the hospital and recovering at home.

3) Correction: I was meant to write “incident report” which was conducted by a park person. It was not a very detailed report as witnessed as they only drew a description of how we collided. On that report they also took my address and phone number as well as my passport number. I was not given a copy of it.

4) On the next day they got in touch with me and I said my heartfelt apologies (being careful to not make it look like my fault) and I thought closure was made as we talked calmly and apologies were accepted. The husband of the injured whom I was speaking to over the phone had asked for my email as the injured and stated that she wanted to write to me to express her feelings and I thought fair enough.

5) I have spoken to my union and have discussed my situation and ensured that I’m safe to keep my job as I did not cause any disruptions to our operations. Also this happenned in between work on my own time. However there is a grey area in which I am due to clarify that “I am not to participate in a dangerous act” and that my company wont be liable for anything if something happens and disciplinary action is to be taken.

6) Due to this situation the union has advised that I am not to tell the company. I am surprised at the incident report as they have taken minimal information. Nothing was followed up after that. No police involved or anything.

7) The email was from the husband of the injured not from a lawyer.

Also I am also being time pressured to pay the amount within 10 days or legal actions will be taken.

Description of the accident: I was on a beginner slope coming from the top. The coast was clear but then she cut me off from the side of the track where she was coming from and so I lost control, panicked and was not able to stop on time and so we colided.

After that the husband attended his wife (the injured) claiming he is a doctor and insisted on undjusting her shoulder and I think it made the situation worse. I have people that have witnessed this happen where she was calm from the start then started crying because of the pain. Later on I found out that she had split her humerus.

I have consulted with a few legal aids and have have had mixed answers saying I should reply and tell them to get stuffed as it is not my responsibility to pay for their lost hotel acomodation with the situation being an accident. But some have also told me to not reply which Is what I have chosen to follow.

I am stuck and confused and I feel sick in the stomach that I am not doing anything about this threat. I have been getting counselling due to anxiety, paranoia stress and you name it.

Thank you so much for replying and any help will be greatly appreciated.




Don't take this the wrong way, but this seems highly suspicious on the surface. That's not because of what you have stated - but because of what you haven't.
  1. Who is this other person? Did you know them before the accident?
  2. How serious was the injury?
  3. You mention an "incident repost" which I assume is a typo and should read "incident report". Who filled out this report? Were you given a copy of it?
  4. If you didn't know the other person before the accident, then how did they get your email address and how do they know who your employer is? Who you're employed by is not in any way relevant to the incident - unless....
  5. Why would you lose your job unless you were doing something you should not have been doing? Were you skiing in your own time at your own expense, or were you skiing on company time at their expense without their knowledge?
  6. If you weren't doing anything wrong and it was a work related trip, then why haven't you told your employer yourself? Surely if the accident was serious enough to warrant someone filling out an incident report, this should have been the first thing on your list.
  7. Who is the email from? The other person or a lawyer?
I'm afraid you'll need to plug some holes before anyone here can offer any worthwhile advice.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Good detail. One more question though. You said "Later on I found out that she had split her humerus." How did you come by that info, and was it after you returned home?
 

dizonvictor

Active Member
31 July 2018
9
0
31
Thanks for replying scruff.

When I had the conversation with the husband he mentioned that she had an operation on her arm without saying what happenned. I managed to find them on facebook and found out that way through a thread of conversation.

Regards,

Victor


Good detail. One more question though. You said "Later on I found out that she had split her humerus." How did you come by that info, and was it after you returned home?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Sorry, one more. Did work actually send you to this ski resort or whatever?

Edit: Sorry, two more. Do they definately know who your employer is?
 

dizonvictor

Active Member
31 July 2018
9
0
31
All good Scruff and thank you. No I went there on my own time along with a few of my coleagues.

Regards,

Victor

Sorry, one more. Did work actually send you to this ski resort or whatever?

Edit: Sorry, two more. Do they definately know who your employer is?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
And do they definately know who your employer is?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
That's what they say, but did you ever tell them? Is it on you Facebook profile? Is there another way they could have found out?