Injuries During Sex on a Business Trip Entitle Woman to Workers Comp

So rules an Australian Federal Court:

A frisky businesswoman injured having sex in a hotel is looking forward to a bumper payout after winning her battle for industrial compensation.

The civil servant was making love to a friend during a work trip when a glass light fitting was torn from its mount above the bed.

..[She] later suffered depression which forced her to give up her job.

Her claim for worker’s compensation for her physical and psychological injuries was initially approved by government insurer Comcare, then rejected after further investigation.

A tribunal agreed with Comcare that her injuries were not suffered in the course of her employment, saying the government had not induced or encouraged the woman’s sexual conduct.

The tribunal also found the sex was “not an ordinary incident of an overnight stay” such as showering, sleeping and eating.

The Federal Court, in overruling the tribunal, reasoned that if you’re injured playing cards on a business trip, and can’t work, you get a payout. The government’s view on whether your leisure activity is inherently part of work, or condoned, is irrelevant.

(HT: sobore on Milepoint)

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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Comments

  1. Wait. I’m confused. Depression forced her to give up her job, yet a light fixture was displaced from a wall and no injury resulted from that?

  2. She should get 200 million miles as a settlement. Then, she could use the miles to book 50 million UA first class awards to Hong Kong.

  3. Come on guys. It’s definitely irrelevant what she was doing unless it’s specifically risky. She’s not working, but she’s not getting paid either, and she had to be cooped up in a hotel. What would you be doing?? If she were at home, she wouldn’t have had a glass light fall on her. It seems more the responsibility of the hotel, in my opinion, but I think it should be for the employer’s insurance company to make that case.

  4. I know nothing about Australian workers compensation law. But let’s say I’m Austalian and go out of town on a business trip. I’m bored and decide to head to a brothel. I have sex and contract a nasty venereal disease that requires extensive treatment that causes me to miss work. Worse, at the brothel, I get into a nasty bar fight in which my nose gets broken. The whole incident is quite embarrassing, and I can bear to see my colleagues, so I miss even more work as I get treatment and try to work up the courage to return to work.

    So under Australian law, my employer is on the hook for this? REALLY?

  5. you guys don’t know what you’r missing in the developed countries like Australia with socialist governments, socialising is covered

  6. @John B, “The fitting fell from the ceiling and landed on her face, injuring her nose and mouth.”
    So to answer your question…not anymore!

  7. Bags are now packed. Australian mileage run has been scheduled. More important is that I have contacted my client and informed them that we will be having risky Australian workers comp sex.

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