No Workers’ Comp For Woman Injured During On-The-Clock Sex

Court rules sex injury not result of 'inducement' or 'encouragement' by employer

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Six years after she was injured while having sex on a business trip, and two years after suing for workers’ compensation, an Australian public servant won’t get compensation for the injury.

Australia’s High Court ruled Wednesday that the woman wasn’t entitled to workers’ compensation for a 2007 injury in which a glass fitting above her hotel bed was pulled from its mount during sex, striking her in the face, The Australian reports. The injury occurred when the woman was employed in the human relations section of a commonwealth government agency. When she sued for workers’ compensation four years later, her attorney argued that suffering harm during sex was “no different than slipping over in the shower or being bashed by a gang of thugs.”

An administrative tribunal found that her injuries were not related to her employment, but the Federal Court of Australia set aside that decision, setting up the appeal to the High Court in what was seen as a test case for workers’ compensation. The court denied the woman’s claim, ruling that the her employer did not “induce or encourage” her to engage in the activity. Australian Senator Eric Abetz, the Minister of Employment, hailed the ruling as a victory for common sense.

[The Australian]

12 comments
ArchangelEM
ArchangelEM

"2007 injury in which a glass fitting above her hotel bed was pulled from its mount during sex, striking her in the face"



Definitely a brain injury too!! 



mrbomb13
mrbomb13

As someone who works in Corporate America, it's always fascinating when the subject of these articles is a HUMAN RESOURCES rep. (a.k.a. 'human relations' as per the article).

To address the forseeable concerns of the politically correct, Human Resources (HR) does serve a valuable purpose.  It can intervene in inter-/intra-departmental conflicts, allow pay raises, and advocate on behalf of employees.

With that being said, HR is largely mocked and ridiculed for instilling too much political correctness in an office environment, and stifling the more 'fun' aspects of an office environment.  That's why you never hear about the staff/managers wanting to grab a beer with the HR rep. after work - they know they can't risk having a good time (lest the rep. gets offended).

In this article, it's positively comical that an HR rep. sued the company for her 'gettin it on' outside of work.  The judge's decision was absolutely correct, and it just shows that even HR screws up (pun intended) every once in a while.

goblue562
goblue562

"... hailed the ruling as a victory for common sense."


What a novel concept.. I thought that common sense had gone completely out the window in this world.

wangyutzu
wangyutzu

wow,I must say that she is so brave to suing workers` compensation for this reason...........most people would be embarrassed  to do so........... 

AddieC
AddieC

We tend to allow restrictions to be a little bit more severe whenever there are morality issues involved. This is either an excuse for greed, power or it's another facet of human nature or both. if she had slipped on icy pavement and hurt her lower back, it would be no less an accident and yet she would've been paid without issue.

CocoMcFuddle-Nuggets
CocoMcFuddle-Nuggets

Employee in "Human Relations" Injured during relations on company time.

That's pretty damn funny.

drudown
drudown

Voters should watch the documentary 'Hot Coffee' for a much more illuminating and informative synopsis of Law and Public Policy.

AnthonyZarrella
AnthonyZarrella

@AddieC The problem isn't that "she was having sex and sex is bad!!!1!!"  The problem is that, while I don't know Australian worker's comp law, I suspect it requires that the injury be in some way related to employment.  Slipping on an icy pavement while walking to or from somewhere relevant to her job would count.  Ditching her job responsibilities to sneak off and have sex definitely should not.