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Woman to get workers compensation after being injured while having sex on work trip

Miss*Bijou

Sexy Troublemaker
Nov 9, 2006
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Really not sure what to say about this.....lol





Woman to get workers compensation after being injured while having sex on work trip


An Australian public servant will receive compensation for injuries she sustained while having “hard” sex in a motel room on a business trip.

Women wants workers comp

Her claim was rejected at first by ComCare, the workers’ compensation insurer for the Australian Commonwealth government, but she rejected the ruling, challenging the decision in the country’s federal court.

"If the applicant had been injured while playing a game of cards in her motel room she would have been entitled to compensation, even though it could not be said that her employer induced or encouraged her to engage in such an activity," said Justice John Nicholas, according to the BBC.

Nicholas ordered the government to pay her legal costs.

The woman, whose name and place of work are protected under a publication ban, was hit by a glass light fitting above her bed while having sex in a New South Wales motel room in 2007.

Her partner said they were “going hard,” in his statement to the court, reported the Harold Sun.

“I do not know if we bumped the light or it just fell off,” he said. “I think she was on her back when it happened but I was not paying attention because we were rolling around.”

The woman, in her late 30s, claimed compensation for psychological and facial injuries. She said she hurt her nose, mouth, and tooth, and was suffering from depression and anxiety.

Andrew Berger, the laywer for ComCare, argued sex was not “an ordinary incident of an overnight stay like showering, sleeping or eating.”

Still, the federal judge said the lower courts had erred by saying the woman had to prove her injury was directly caused by an activity condoned by her employer.

In an email to the Star, Leo Grey, the woman’s lawyer, said the case hinged on a “narrow legal issue,” and was not about morality or humour.

“My client was actually quite significantly injured and emotionally traumatized,” he said, “both by her injury and the way it has been reported as a subject of fun, which for her it is not.”


http://www.thestar.com/news/world/a...r-being-injured-while-having-sex-on-work-trip
 

InTheBum

Well-known member
Dec 31, 2004
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I give it 1 week until the same situation happens in Vancouver and the female will get 70% @ 90k a year...paid for by your friendly taxpayers.
 

Tugela

New member
Oct 26, 2010
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I give it 1 week until the same situation happens in Vancouver and the female will get 70% @ 90k a year...paid for by your friendly taxpayers.
There is no particular reason why a guy couldn't do it as well.
 

PlayfulAlex

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Jan 18, 2010
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Really not sure what to say about this.....lol

Woman to get workers compensation after being injured while having sex on work trip
How typical...if she was just sleeping and the light came crashing down (these things do happen), that would have made for a boring storyline, even though she would had been equally covered by insurance. The fact that she was having sex is probably irrelevant to the case, but way more titillating for the average reader!
 

joho

Active member
Jan 22, 2007
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Are you kidding me? You got to take some responsibility for your action rather than claiming as a work injury. She was there to work not to engage in a rough sex in a motel room. Is that part of her work? Hell, no!
 

Holly Taylor

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May 27, 2007
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It disturbs me how much slut-shaming has been directed at this woman. I've been following this story on other sites, and reading the comments that have been directed at her.

As mentioned by another poster here, if she hadn't been on a work trip, she wouldn't have been in that motel, and she wouldn't have been injured by something falling on her during normal, routine behaviour. Yes - sex is normal, routine behaviour. Why shouldn't she have been having sex? It was her off time. She could have been eating, reading a book, watching TV, jumping on the bed, having a pillow fight, playing monopoly, whatever.

I think the negativity directed at her is completely wrapped up in our culture's general negative attitude toward sex.
 

PlayfulAlex

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...I think the negativity directed at her is completely wrapped up in our culture's general negative attitude toward sex.
Exactly, and typical of North Americans...none of them does it, yet birth rates are unchanged...immaculate conception, anyone? Oops, I forgot, silly me...if you're fucking for procreation, that makes it OK...if you're fucking for fun, that's bad, shame on you...:rolleyes:
 

PlayfulAlex

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Jan 18, 2010
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She was on a work trip but it was off the clock correct? She wasn't billing them for the hours while she was doing doing personal stuff, routine or not.

I mean if I'm travelling to work and get in a car accident am I now allowed to send the bill to my employers?


It doesn't annoy me in the slightest that she wins this case because of the sexual part, it's the litigation culture that allows the "If she'd been playing cards in her motel room she'd win" bit that pisses me off.

Sue the hotel privately for having shit light fittings if its that bad, not go the easy cash route of a HR complaint you work-shy cunt!
Hmmmm, pushing some 'nasty' buttons...perhaps you're an employer. The bottom line is, if it's within the limits of her insurance then who are we to judge? If they agree to the claim, so be it. If not, so be it!

What I really hate is when I hear stories about legitimate accidents and serious loss of work time plus pain, and yet their compensation is stuck in hearings and bullshit...that really has to suck for the injured...
 

Tugela

New member
Oct 26, 2010
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It disturbs me how much slut-shaming has been directed at this woman. I've been following this story on other sites, and reading the comments that have been directed at her.

As mentioned by another poster here, if she hadn't been on a work trip, she wouldn't have been in that motel, and she wouldn't have been injured by something falling on her during normal, routine behaviour. Yes - sex is normal, routine behaviour. Why shouldn't she have been having sex? It was her off time. She could have been eating, reading a book, watching TV, jumping on the bed, having a pillow fight, playing monopoly, whatever.

I think the negativity directed at her is completely wrapped up in our culture's general negative attitude toward sex.
That is not what people are being critical of, a guy could just as easily have made a claim like that. The point is that even though she was on work related trip, she was not doing anything work related when the injury happened. If it was something that happened while she was actually traveling, then ya, I could see that, but that was not the case.

Should someone be covered by workers comp no matter what they are doing or where or when? That is pretty much what it comes down to. Why make a distinction between an injury during sex (or whatever) after work or after work while on the road?
 

bcneil

I am from BC
Aug 24, 2007
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Amazing how people can get so irate over something like this happening in a different country.
Don't move to Australia, problem solved. Christ
 

Tugela

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Oct 26, 2010
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Think about it. Does the company have any responsibility for its workers when it sends them away from home for work? If this were oil workers sent to a company run camp in Colombia & they were kidnapped from the camp when off shift & held for ransom, does the company have any obligation to them or, by your logic, they were off shift so tough luck?
Actually, no, the company would not have an obligation in your example, allthough most might help out.

If people are injured while they are actually on the job and conducting company business, then sure, they should get workers comp. But this person was NOT conducting company business (at least, I hope not).


In this case, different country. Different legal framework. Different history of labour relations. Different social contract between workers & companies. The fact is that this was upheld by the courts in a different country. Looking at it from the framework of BC labour laws, that history & those precedents & the social contract between workers and companies located in BC is parochial. This is how the laws are written by the Government of Australia and interpreted by the courts in Australia. Accept it.
They can have whatever laws they like, that doesn't mean I have to think they are right though. Not sure why you think I'm obligated to agree with them. This person is clearly abusing the system. Whatever they have in place, I'm pretty sure it was never intended for something like this.
 
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