VIC Compensation for Skiing Accident Overseas - What to Do?

[dizonvictor]

I never told them. They must have found me on facebook as well.

Victor

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?

 

[Scruff]

Okay, let's assume that they know then. It's time to look at this realistically.

1. There was an accident. They are now peeved off because their holiday was ruined (blah, blah, cry, cry) and they want someone else to pay their bill. They are scamming you - pure and simple.
2. You were sent on a work trip and told not to do anything dangerous. You went skiing and the accident occurred on the beginner slope. You need to ask yourself, would your employer consider skiing on the beginner slope a dangerous act, or some kind of unreasonable risk? The answer really should be "no" here. If your employer thinks otherwise, then what about the colleagues that were with you?
   
3. You have not admitted to any liability for medical or anything else. Keep it that way. The fact that they are not even pursuing medical is a mystery.

Basically - do have any contact with them under any circumstances. Don't even look at their Facebook page - if they have any kind of smarts, they will know. You now have a much bigger problem to deal with, and that's the advice from your union.

Your employer has nothing to do with any alleged claim, but you were on a work related trip. These people are clearly using that and yes, what they are doing does constitute blackmail.

Your biggest problem is therefore the advice that you were given by the union rep - that being not to say anything to your employer. If these people do know where you work, then what do you think is going to happen when your employer hears about this from the scammers instead of you?

You need to sit down with your union rep again and you need to do it quick. Staying quiet is a massive risk and if these people do contact your employer - your screwed.

 

[dizonvictor]

Ok thank you so much. You had given me more definite answers than any of the lawyers that I have spoken and I apreciate that.

And with regards to the threat of them filing a suit from overseas. If they tell the truth and decide to go ahead, obviously I have to get a lawyer. Should I be taking actions now or just wait until I hear from them?. And with regards to the money, I cannot physically provide them with the amount neither pay for a lawyer. Should I be worrying about it?.

Okay, let's assume that they know then. It's time to look at this realistically.

1. There was an accident. They are now peeved off because their holiday was ruined (blah, blah, cry, cry) and they want someone else to pay their bill. They are scamming you - pure and simple.
2. You were sent on a work trip and told not to do anything dangerous. You went skiing and the accident occurred on the beginner slope. You need to ask yourself, would your employer consider skiing on the beginner slope a dangerous act, or some kind of unreasonable risk? The answer really should be "no" here. If your employer thinks otherwise, then what about the colleagues that were with you?
   
3. You have not admitted to any liability for medical or anything else. Keep it that way. The fact that they are not even pursuing medical is a mystery.

Basically - do have any contact with them under any circumstances. Don't even look at their Facebook page - if they have any kind of smarts, they will know. You now have a much bigger problem to deal with, and that's the advice from your union.

Your employer has nothing to do with any alleged claim, but you were on a work related trip. These people are clearly using that and yes, what they are doing does constitute blackmail.

Your biggest problem is therefore the advice that you were given by the union rep - that being not to say anything to your employer. If these people do know where you work, then what do you think is going to happen when your employer hears about this from the scammers instead of you?

You need to sit down with your union rep again and you need to do it quick. Staying quiet is a massive risk and if these people do contact your employer - your screwed.

 

[Scruff]

How much are they demanding?

 

[dizonvictor]

An incredible $5000 US.

How much are they demanding?

 

[Scruff]

They're definately scamming you. Firstly, for them to take any action they would have to justify that amount.

If I'm not mistaken, and there are plenty of lawyers on here that can correct me if I'm wrong, they would have to file any claim in the jurisdiction where the event occurred. Considering that you're in another country, it would probably cost more than the amount sought just to enforce any such action. Again, someone correct me if I'm wrong.

So to answer your main concern, I wouldn't be worry at all about legal action until papers arrive on the doorstep. If that ever happens, deal with it then.

Remember that for them to have any kind of claim at all, they have to prove that you were at fault. From what you've provided, there is simply no evidence of that - not even the incident report unless I've missed something.

So like I said before, my biggest worry for you is if your employer finds out about all this and you haven't said anything. If you put yourself in your employer's shoes, I'm sure that you can see why they would be pretty peeved if that threat is carried out - especially since these people are involving your employer in what is possibly blackmail. I wouldn't be too happy if I was your boss and I found out that way.

 

[Scruff]

Sorry, just noticed my huge typo at post #12:

do have any contact with them under any circumstances

should be

do not have any contact with them under any circumstances

Oops.

 

[dizonvictor]

Amazing! Thank you so much that makes me feel a hella lot better. Thank you so much for your advice! I will definitely call my union tomorrow and explain. They only said they can guarantee that I wont be sacked over this but then the whole not telling the company I feel quite unconfortable about. I pay them a lot it’s about time they do something for me and defend me.

Again thank you so much.

Kind regards,

Victor

They're definately scamming you. Firstly, for them to take any action they would have to justify that amount.

If I'm not mistaken, and there are plenty of lawyers on here that can correct me if I'm wrong, they would have to file any claim in the jurisdiction where the event occurred. Considering that you're in another country, it would probably cost more than the amount sought just to enforce any such action. Again, someone correct me if I'm wrong.

So to answer your main concern, I wouldn't be worry at all about legal action until papers arrive on the doorstep. If that ever happens, deal with it then.

Remember that for them to have any kind of claim at all, they have to prove that you were at fault. From what you've provided, there is simply no evidence of that - not even the incident report unless I've missed something.

So like I said before, my biggest worry for you is if your employer finds out about all this and you haven't said anything. If you put yourself in your employer's shoes, I'm sure that you can see why they would be pretty peeved if that threat is carried out - especially since these people are involving your employer in what is possibly blackmail. I wouldn't be too happy if I was your boss and I found out that way.

 

[Scruff]

Your welcome Victor. I hope it all works out for you.