Woman sues government after light falls, injures her in hotel room while having sex

[brettandlek]

Woman sues government after light falls, injures her in hotel room while having sex on work trip

Not expecting a reply, just thought I would share what I heard on the radio.
I just hope that the bloke got to finish, poor guy!

SHE was on a work trip, staying in a hotel booked and paid for by her employer - but does a sex accident count as being injured on work time?
That is the question the Federal Court will today begin to consider, as a public servant fights for compensation after being injured during a night of passion. The Federal Government employee, who cannot be identified, was injured when a glass light fitting came away from the wall above the bed as she was having sex with a man on November 26, 2007, The Daily Telegraph reported.
The light struck her in the face, leaving her with injuries to her nose, mouth and a tooth, as well as "a consequent psychiatric injury", described as an adjustment disorder.

She claims entitlement to compensation because her injuries were caused "during the course of her employment", as she had been sent to a country town to stay the night ahead of a meeting early the next day.
Her lawyers argue she should be entitled to compensation because, as prescribed under the Act, she was "at a particular place" at which her employer "induced or encouraged" her to spend the night.
But the Government's workplace safety body ComCare rejected her compensation claim, upheld by the Administrative Appeals Tribunal, finding the sexual activity "was not an ordinary incident of an overnight stay like showering, sleeping or eating".
Her lawyers argue that the injury was sustained "in an ordinary incident of life, commonly undertaken in a motel room at night - namely, lawful sexual activity".
They say in submissions filed to the court that being injured while having sex "during an interval or interlude within an overall period or episode of work" was no different to being hurt doing other recreational activities.
"Serious drinking and socialising may be regarded as a recreational activity, yet injuries resulting from those activities ... have been found to be compensable," her lawyers argue.
But ComCare, who say the woman was having sex with "an acquaintance, who had no connection with her work", will argue "neither legal authority nor common sense" could lead to a finding that the injury was sustained during the course of her employment.
ComCare submits the applicant's sexual activity was "not obviously involved" in her employer's requirement for an overnight stay, was not of any benefit to the employer, was "a frolic of her own", and "took her outside the course of her employment by ... engaging in an activity unrelated to her employment and not positively supported by her employer".
The case is set down for a hearing today before Justice John Nicholas.

Woman sues government after light falls, injures her in hotel room while having sex on work trip | Herald Sun

[bobo746]

So if i'm having a tug in the shithouse at work amd i crack my hand against the wall and break it can i claim compo ??

[koman]

Just goes to show that lawyers will argue over anything for a fee.....

[Thormaturge]

So she made the room shake.

Must have been quite a night.

I can tell this is America. In the UK she would have to re-create the incident since the judge would not know what "sexual intercourse" is.

[laymond]

So if i'm having a tug in the shithouse at work amd i crack my hand against the wall and break it can i claim compo ??

love your work CHAMP

[withnallstoke]

She should sue the pogo team sharing the room above hers.

[Thetyim]

Why not sue the hotel ?

[brettandlek]

So if i'm having a tug in the shithouse at work amd i crack my hand against the wall and break it can i claim compo ??

Just sitting hear with our O.H.S Officer and she said ironically, yes you could being during your normal working hours.
Unless you have something in your employment contract saying that you must not crank one out should you feel the need during working hours.
Give it a go.....again.

[nidhogg]

Why not sue the hotel ?

Indeed.

[Thormaturge]

Why not sue the hotel ?

...the employer will have employee accident insurance cover.

The hotel? Anyone's guess....

[Extreme Gape Lover]

So if i'm having a tug in the shithouse at work amd i crack my hand against the wall and break it can i claim compo ??

Tugging at work is dangerous. Some weirdo may have planted a secret Camera in the shithouse and then your tugging session could be all over the interweb.

[terry57]

So if I'm having a tug in the shithouse at work and i crack my hand against the wall and break it can i claim compo ??

Tried that one, boss told me to fok off.

[bobo746]

I could probably call it stress refief that might look better on the compo claim.

[Thetyim]

The fact that she was having sex when the accident occurred is totally irrelevant to the claim.
The light fitting came away from the wall.
The important bit is whether she pulled it out or it came out on it's own.

[terry57]

The important bit is whether she pulled it out .

I think its safe to say she pulled it out once clocked by the light.

The guy was well pissed.

[Travelmate]

Bet the guy continued shagging regardless

[withnallstoke]

Bet the guy continued shagging regardless

...encouraged by "passionate" groaning and moaning from his semi-conscious partner.

[brettandlek]

Worker injured during sex denied compo.

A PUBLIC servant injured while she was having sex on a work trip can't get any compensation.
She has been told she should have let her employer know she planned to get frisky if she wanted to be able to claim worker's compensation.

The woman, who suffered a nose injury and damaged teeth during the "moment of passion" in 2007, has had her bid for compensation knocked back by the Administrative Appeals Tribunal (AAT), the Canberra Times reported.

Her injuries occurred when a glass light fitting came away from the wall as was having sex with a man in a country town.

"It could be that (the applicant), in a moment of passion, reached up and grabbed the light fitting, or it could be that the man banged against it," the women's barrister, Leo Gray, told a hearing last month, the Canberra Times said.

Activities pursued in a hotel room "in the ordinary purview of human life" should be compensatable, he said.

"If it happens at the place the employer has encouraged you to be for the evening, and doesn't involve gross misconduct or self-harm, why shouldn't it be."

But counsel for the work safety agency Comcare told the appeal hearing "a frolic of the applicant's own" could only result in compensation in certain circumstances.

"If it is a quintessentially private activity it is not fair that taxpayers pay for the consequences of that activity," the Canberra Times quoted Andrew Berger as saying.

While sleeping, showering and using the toilet were incidental to work "having sex is a different kettle of fish", he said.

"If they wanted to be protected by worker's compensation they would need to let their employer know."
While the AAT upheld Comcare's original decision not to award compensation, it refused to publish its reasons.

The material was suppressed because the tribunal "received concrete evidence that the applicant may act on suicidal tendencies if the reasons were made public".

Worker injured during sex denied compo | thetelegraph.com.au

Such is life.

[BaitongBoy]

"If they wanted to be protected by worker's compensation they would need to let their employer know."

Hell, everybody knows...

[harrybarracuda]

The material was suppressed because the tribunal "received concrete evidence that the applicant may act on suicidal tendencies if the reasons were made public".

WTF is that all about?

[Simon43]

The material was suppressed because the tribunal "received concrete evidence that the applicant may act on suicidal tendencies if the reasons were made public".

Meaning that she was actually hanging upsidedown from the light and gobbling a goat's dick whilst the guy was ramming a massive cucumber up her tradesman entrance, and she would kill herself with embarassment if anyone else actually knew what kinky sex she was engaged in

.. or something like that ..

S

[Thetyim]

While sleeping, showering and using the toilet were incidental to work "having sex is a different kettle of fish", he said.

She should have kept her kettle closed

[BobR]

Mr Grey said that it had been her employer who placed her in the motel for work purposes and that the AAT had erred in its finding that she was not entitled to compensation.

Quite sad that any governmental entity would deny such a claim. The sex was lawful and not a substantial deviation from her job duties which placed her in the hotel bed. Other than prudishness, there is no reason to deny her claim. Workers compensation is supposed to be paid without regard to fault and the only time an employee is not covered is if he is engaged in some activity that is such a substantial deviation that amounts to an abandonment of his duties as an employee. Here she was in bed, which is where her employer would have expected her to be.

In exchange for workers compensation, you lose your right to sue your employer civilly any other way in most jurisdictions.

[billy the kid]

She wos fokin the light-bulb on the ceiling !!! ? Hot indeed.

[Carnwadrick]

Tugging at work is dangerous. Some weirdo may have planted a secret Camera in the shithouse and then your tugging session could be all over the interweb.

A local real estate agent here got caught yanking his wire on a babycam while holding an open house, side issue is the porno movie he was watching he had lifted from another house, upright church man he was