Workers Comp for Sex Injury While on the Job

[Ben]

Australian government worker gets workers comp for sex injury while on work travel. One wonders how the "light fixture was torn from the ceiling"...

http://www.foxnews.com/world/2012/12/17/australian-woman-gets-worker-compensation-benefits-for-injury-during-sex-on/?test=latestnews

[RoadKingLarry]

I've been screwed at work but not quite the same way.

[White Horseradish]

I think I'm in the wrong line of work...

[MillCreek]

I read the original article at the link, and I liked the decision of the Court.  The Court said essentially that the sex was irrelevant, and that if she had been injured playing cards in the hotel room on a work trip, that would have been covered.  So this injury should be covered as well.

[geronimotwo]

I read the original article at the link, and I liked the decision of the Court.  The Court said essentially that the sex was irrelevant, and that if she had been injured playing cards in the hotel room on a work trip, that would have been covered.  So this injury should be covered as well.

however, would that line of thinking hold true if she were ballancing on the veranda railing and fell?  it seems to me her actions must be somewhat reasonable to warrent compensation.  (and i'm not saying sex isn't a reasonable activity, but maybe you shouldn't be hanging onto a light fixture while doing it)

[Scout26]

If you're not hanging from a light fixture, yur doin it wrung.

 

[MechAg94]

I heard that with my work also.  If you get in a car wreck or whatever on business travel, it is a work related injury.  For something like this, I am not sure if I would be employed long afterward.

[AZRedhawk44]

I heard that with my work also.  If you get in a car wreck or whatever on business travel, it is a work related injury.  For something like this, I am not sure if I would be employed long afterward.

From the article:

During the sex, a glass light fitting was torn from its mount above the bed and landed on her face, injuring her nose and mouth. She later suffered depression and was unable to continue working for the government.

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

"Torn from its mount... and landed on her face."  All of about 3-4 feet at the most, given the reach of most human appendages while engaged in animated coitus.

I find the notion that she was "injured" to be humorous.  It doesn't say "lacerating her with bits of broken glass," and it doesn't say "broke her nose," and it doesn't say "dislodged three teeth."  Sounds like she got a bloody nose or a cut lip from the fixture hitting her face, and it was a superficial issue.

I'd fire an employee that made a worker's comp claim like that.  For something as stupid as a bloody nose or a bruise.  You bet.


There's a huge difference between filing a health insurance claim, and filing a worker's comp claim.


If you're on your own time on a business trip, and crack your head open while diving in the hotel swimming pool, I absolutely want you in the ER and getting taken care of on your health insurance.  But it ain't worker's comp.  You're not in your office or assigned place of business duties.  You're not on my time, unless you're entertaining clients while you're at the pool.

I guess if she was "entertaining a client" while she hurt herself, it could be worker's comp.  But then I'd fire her for being a whore.

[Balog]

The depression claimed to be stemming from this incident seems silly. "Oh noes, I bonked my head and now I'm too depressed to work!" 

[De Selby]

The depression claimed to be stemming from this incident seems silly. "Oh noes, I bonked my head and now I'm too depressed to work!" 

Yeah, it was actually related to serious facial injuries from the lamp, which was faulty.

Sorry, if your employer sends you travelling and determines which hotels you'll stay in, you are on a work trip. 

AZred, you can't fire people here for exercising their rights to compensation or any other workplace rights they have.  People in this country insist on fairness between employers and employees. 

[Tallpine]

Where else you gonna anchor a sex sling in a hotel room ?   

[Jamisjockey]

Yeah, it was actually related to serious facial injuries from the lamp, which was faulty.

Sorry, if your employer sends you travelling and determines which hotels you'll stay in, you are on a work trip. 

AZred, you can't fire people here for exercising their rights to compensation or any other workplace rights they have.  People in this country insist on fairness between employers and employees.

So you find hanging a sex swing from the light fixture on a work trip to be a reasonable thing a reasonable person would do?
Iirc sex swings come with mounting instructions.

[Boomhauer]

Yeah, it was actually related to serious facial injuries from the lamp, which was faulty.

Sorry, if your employer sends you travelling and determines which hotels you'll stay in, you are on a work trip. 

AZred, you can't fire people here for exercising their rights to compensation or any other workplace rights they have.  People in this country insist on fairness between employers and employees.

Lolwut? A light fixture is faulty if it won't support body weight? And that is somehow the employer's responsibility to take care of when the inevitable happens just because said employee was traveling on a business trip and off duty in a hotel room?

What the hell???!!!???

[De Selby]

So you find hanging a sex swing from the light fixture on a work trip to be a reasonable thing a reasonable person would do?
Iirc sex swings come with mounting instructions.

Who said she was hanging from it?

The question of whether her behaviour was reasonable was addressed by all courts that looked at it  and they all held that she wasn't responsible for causing herself the injury.  The question is whether her work insurer would cover it, or if she'd have to look elsewhere for compensation.

[De Selby]

Lolwut? A light fixture is faulty if it won't support body weight? And that is somehow the employer's responsibility to take care of when the inevitable happens just because said employee was traveling on a business trip and off duty in a hotel room?

What the hell???!!!???

They weren't hanging from it.  This btw is an old case:http://www.theage.com.au/national/work-trip-sex-like-going-to-the-gym-20110728-1i0xk.html

[Dunning-Kruger]

Hmm.  My inaugural post in this fine establishment: Imagine the damages had she contracted HIV or become pregnant ... .  Fairness has its price.  Is it true that a new pair of Levis cost about $150 there? ($40 here). What would it cost me to buy a burger and a beer at an average restaurant, $50 or so? ($15 here, with fries). And I guess buying 1,000 rounds of 5.56 NATO by mail order is just not possible? (about $445 plus freight on Nov. 8, up to $690 on 12-14). G'day mates.

[seeker_two]

I really want to read this woman's job description....

[Jamisjockey]

They weren't hanging from it.  This btw is an old case:http://www.theage.com.au/national/work-trip-sex-like-going-to-the-gym-20110728-1i0xk.html

That link is still thin on details.  Was it a lamp or chandelier?

[brimic]

The closest thing I can think of in America is this, though there wasn't an injury, just damage to hotel property during 'work time':
(shameless shaming of BATFE on my part)

http://www.thetruthaboutguns.com/2011/02/robert-farago/atf-glory-hole-agent-still-drawing-pay-pension-benefits/
http://www.coachisright.com/the-atf-where-perversion-means-promotion/

[MechAg94]

Generally, I think my company covers injuries during travel as work related or at least covered by the company more as a liability issue as much as anything else.  I don't disagree with that in general.  However, if were the company I would question the claim if there were no significant injuries. 

Just a year or two ago, we had an engineer get in a car wreck while on a trip.  He only had soft tissue damage, but suffered a stroke soon after and is still having problems.  IMO, That is an injury.  He isn't depressed because he was talking on his cell phone, he had a stroke related to a car accident.  If there were no substantial injuries, it shouldn't be covered regardless of whether sex was involved or not. 

[AZRedhawk44]

I guarantee this was some sort of missionary variant position where the woman's on the bed and the man is on top of her, but holding onto the top of the headboard or this "defective" lamp.  Woman's not on top, or else the lamp wouldn't have hit her during the fall.

Lamp came crashing down during the activity.


You want to call it a "workplace injury?"  Fine.  I want to call it assault.  Your guest threw a lamp at your head.  I'm going to charge him for assaulting one of my employees, and damaging property on the work site.

Hmm.  My inaugural post in this fine establishment: Imagine the damages had she contracted HIV or become pregnant ... .

EXCELLENT point.

How is the employer responsible for this?  This case is a gateway for STD liability being covered by worker's comp, or abortions being paid for by employers through worker's comp, or a myriad of other things.

[Boomhauer]

I guarantee this was some sort of missionary variant position where the woman's on the bed and the man is on top of her, but holding onto the top of the headboard or this "defective" lamp.  Woman's not on top, or else the lamp wouldn't have hit her during the fall.

Lamp came crashing down during the activity.


You want to call it a "workplace injury?"  Fine.  I want to call it assault.  Your guest threw a lamp at your head.  I'm going to charge him for assaulting one of my employees, and damaging property on the work site.

EXCELLENT point.

How is the employer responsible for this?  This case is a gateway for STD liability being covered by worker's comp, or abortions being paid for by employers through worker's comp, or a myriad of other things.

Yep not only is this stupid beyond belief it opens up the gateway to more idiocy.

Again, an attempt to shirk personal responsibility...sometimes it is the special snowflakes fault that bad things happen to them