An Australian woman’s hotel sex mishap will be covered by worker’s compensation says a court ruling.
The Huffington Post reports that a female bureaucrat found herself the victim of injuries sustained during sex while on a business trip in Australia. Earlier this week, the courts determined that the woman meets eligibility requirements to collect worker’s compensation benefits for the incident.
The woman, whose name has not been released for legal purposes, reportedly incurred the injuries while having sex with a male friend. The accident occurred in 2007 while she was staying at a motel in Nowra, Australia and required hospitalization.
She claims that during the sexual encounter a glass lighting fixture was torn from its mount above the bed. The fixture then fell onto the woman’s face causing injury to her mouth and nose. There are also claims that following the mishap the worker suffered with depression that caused her to cease her employment as a civil servant.
An article in The Belfast Telegraph writes that the Sydney woman filed for worker’s compensation citing physical and psychological injuries. Although her claim was initially granted by Comcare, a government insurer, it was later denied after further investigation.
A tribunal backed the Comcare decision on the grounds that the woman’s sexual conduct was of her own volition and not condoned by her employer. They concluded that the case was “not an ordinary incident of an overnight stay” compared to activities like showering, eating, or sleeping.
According to The Associated Press, a federal court overturned that ruling in 2012. Rejecting the tribunal’s findings, Judge John Nicholas stated the following:
“If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation even though it could not be said that her employer induced her to engage in such activity.”
On December 13, the Full Bench of the Federal Court agreed and upheld the ruling by Judge Nicholas, deeming the woman eligible for benefits. It has not been reported what the amount of that compensation will be.
Do you think worker’s compensation should be given for the Australian worker’s sex mishap?