Here’s a story printed in the Toronto Star I thought worth sharing. It seems there was a woman in Australia that says she is entitled to workers compensation after getting injured while having sex in her hotel room with an acquaintance on a business trip!
She claims she has sustained psychiatric injury, as well as injuries to her mouth and nose, after a glass light fitting fell onto her head while she was having sex! Her case is now being challenged in Australia’s federal court, where I suspect she will lose. Though her attorney who argued her case says that the law protects hers since sex is “an ordinary incident of life”, akin to showering and eating.
This incident occurred in 2007 and finally reached Australia’s Supreme Court. The injured party believes that she is entitled to workers compensation since she was on business when she was hurt and obligated to stay overnight at a hotel. She claims she was significantly injured and emotionally traumatized by the injury she sustained and did nothing wrong by having sex with a man she already knew who lived in town.
The insurance company is arguing that the injured woman should not be compensated because having sex has no relation to the woman’s job and took place outside of her place of employment. Attorney’s for her employer say that the woman would only have a case if her employer “required” her to have sex. They say that her sexual frolicking was her own responsibility and took place outside of her course of employment and was not supported by her employer.
Her sexual partner that night says they were “going hard” when the event took place and that he wasn’t sure if she bumped the light or it just fell off on her. If this woman was injured when she went out to eat and slipped and fell during her business trip, she would most likely be covered. Or, if she slipped while she was in the shower. Both of these functions, like eating and keeping clean, contribute to her job as a good employee.
But, having sex is not a necessity or an asset to the employer. This is the position the defendant is taking. So far the judge has reserved his decision on the case and it’s not clear when a verdict will be issued.
What is your position on being compensated for an injury sustained while having sex at a hotel while on company business?