Woman Hurt During Sex On Business Trip Entitled To Workers' Comp

A judge in Sydney, Australia, ruled on Thursday that a woman was entitled to workers' compensation after a light smashed into her face, injuring her mouth, nose and tooth, while she was having sex on a business trip.

The unidentified federal employee was staying in a motel that her employer booked in November 2007, before a work meeting the next day. That evening, she was having sex with an "acquaintance," when a glass light fixture above her head fell, reports The Australian.

She filed for workers' compensation with Australia's federal government's safety agency ComCore, which says its compensation scheme "covers any injury or illness arising out of and in the course of employment."

"This includes coverage for journeys and for ordinary recesses and breaks," it continues.

ComCore, however, thought undressed antics stretched this a little far. It rejected the woman's claim, as did an appeals tribunal. Her injury wasn't covered, the tribunal concluded, because pre-work meeting intercourse wasn't "expressly or impliedly induced or encouraged by her employer."

But the judge, Justice John Nicholas, said that didn't matter. The injury occurred "in the course of her employment," however you swing it. "If the applicant had been injured while playing a game of cards in her motel room she would have been entitled to compensation," he said, "even though it could not be said that her employer induced or encouraged her to engage in such activity."

She wouldn't have been entitled to compensation if the injury had resulted from "misconduct or an intentionally self-inflicted injury," but because sex is a "lawful recreational activity" the employer had to fund her recovery.

But that doesn't mean employees in this country should go out and have vigorous sex on business trips, in the hope of a paid vacation. U.S. worker's compensation law is a little more strict, covering only injuries that occur while a person is carrying out their job duties.

So the only people in this country who can get workers' compensation for sex injuries are possibly CIA agents who have to sleep with high-level Russian nuclear scientists in order to steal access cards from their bedside table drawers, or prostitutes. Unfortunately, pimps are unlikely to subscribe to their state's workers' compensation system.



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146 Comments

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S.V.Ramanan

Why discriminate men?

May 03 2012 at 12:00 PM Report abuse rate up rate down Reply
Hoosierladyus48

To me, this is REDICULOUS!

April 20 2012 at 6:13 AM Report abuse rate up rate down Reply
Baron hans Vongress

Amazing.
So if you company books you into a Best Western hotel for a group meeting and training session, and you fall in or out of the tub for any reason, you can get WC?
HMMMMM
Bet not bet the insurance company will say so what you were not on the job when you fell in the bathroom at the motel...but if you fell in the bathroom at work then you are covered.
In any case playing between the sheets should not be covered...unless of course you were one of the girls with the SS agents in Columbia...

April 20 2012 at 5:27 AM Report abuse rate up rate down Reply
Keep it real

SERIOUSLY??? I have a double knee injury and a torn hip, with severe leg and foot pains from the steroids they gave me so I could continue working for almost THREE YEARS at Logan Airport while the labor board rejected my injury that happened AT work! At work, on duty, in the building, during the day! My skin tore off, my hair fell out, my legs looked like they were severely burned and red hot with severe swelling for over a year, so bad that I still have discolored extremely dry skin a year and a half after stopping the steroid shots. I developed fibromyalgia from all the nerve pain, and struggle to even walk some days! I also am Federal and can't even get a lawyer to take the case because they said i would be LUCKY to get a total of $10,000 for all this. It's not worth enough to them and there wouldn't be enough to even pay them! Workers comp shut me off after my 2nd knee surgery BEFORE rehab even started and left me with no money for over 3 months before admitting they made a mistake. AND they refuse to accept the hip injury and steroid effects because no doctor can definitively say they are connected to the fall. Although the steroid shots are for the knee pain, and a doctor that treated me for over 15 years told them i had NEVER had any knee injury or complaints ever before the fall! And an allergist said he won't even test me with a tiny dose of steroids to prove to them that's what did this because it was a life threatening allergic reaction that I had...(and further proof is that I was on NO other meds at all) . Only steroid shots. UN F'N believable! How do I get that judge and lawyer to help me????? At least I WAS working! dadsfavor8@yahoo.com if anyone can help me!

April 20 2012 at 4:46 AM Report abuse rate up rate down Reply
1 reply to Keep it real's comment
Hoosierladyus48

Keep it real....so sorry for your pain and suffering. You should first try to get on disability, if you aren't already. Then I would call every injury attorney I could find. I'm sure there is SOMEONE out there who is willing to help you. Good luck!

April 20 2012 at 6:17 AM Report abuse rate up rate down Reply
1 reply to Hoosierladyus48's comment
Keep it real

Thank you hoosierladyus48.
I have talked to more lawyers than I care to think about. They all said it's not worth enough "because it's federal, I was part time, and each injury has a pre-set amount attached to it based on how many hours we worked at the time and what the doc wrote in his INITIAL report" Bruised knees was what the doc wrote initially because we didn't know anything else until after tests! If I worked for the state or any other place other than Federal....i could have a judge and jury and the amount would be up to them...but in this case there is no judge or jury....just that amount based on hours worked and bruised knees...and surgery. Nothing else has been accepted as related to this injury. They have left me out to rot basically. And I am brain fried from so much pain and stress. The knee doc says i'll never get disability from them either because no matter what is wrong...they will only consider the knees....so i need regular disability which is about 40 % of what I earned at a part time job of 16 hours a week. I am screwed.

April 20 2012 at 11:57 PM Report abuse rate up rate down
asachs5963

Why did the light fixture fall? I've heard of banging the wall but

April 20 2012 at 4:07 AM Report abuse +1 rate up rate down Reply
raidrmik67

She was a bed inspector for the government!

April 20 2012 at 3:59 AM Report abuse rate up rate down Reply
Patti Duke

This was in fact "a workmans comp" fair claim. I agree it should be paid. They should pay promptly!

April 20 2012 at 3:10 AM Report abuse rate up rate down Reply
jotwinowski

Rather unexpectedly I find myself in agreement with the judge. As I understand the case, the injury was NOT caused by her activity but by the unsafe condition of the room which her employer had booked for her and required her to use as a condition of her employment. Therefore, she was in that room and injured as a direct result of her employer's actions.

April 20 2012 at 2:37 AM Report abuse rate up rate down Reply
valiflwr115

It is indeed "Workers Comp." This is 2012. The term "workmans comp." is officially a dinosaur.

April 20 2012 at 2:32 AM Report abuse rate up rate down Reply
skooli

"So the only people in this country who can get workers' compensation for sex injuries are possibly CIA agents who have to sleep with high-level Russian nuclear scientists in order to steal access cards from their bedside table drawers, or prostitutes."...............THERE LIES the secret services defense for messing with prostitutes.

April 20 2012 at 2:28 AM Report abuse rate up rate down Reply

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