Did the Earth move for you too?

Just waiting for the OH&S response, because if this compo claim gets up  the resulting bureaucratic OH&S policy will be a doozey. 

 

Woman seeks compo for motel sex injury

July 27, 2011

A public servant who was accidentally injured while having sex at a motel on a work trip is challenging a finding she is not entitled to compensation.

Leo Grey, representing the woman, told a Federal court on Wednesday there was no suggestion she had engaged in any misconduct.

He said her injury occurred during "an ordinary incident of life commonly undertaken in a motel room at night".

The woman, who cannot be named, was injured when a glass light fitting came away from the wall above the bed as she was having sex with a man in November 2007.

Her employer had directed she spend the night in the town ahead of a meeting early the next day.

She applied for compensation from ComCare, the federal government workplace safety body, but it found that the sexual activity was not an ordinary incident of an overnight stay like showering, sleeping or eating.

Mr Grey said she had been injured while engaging in "lawful sexual activity, noting there had not been any rule that employees should not have anyone else in their room without express permission of their department".

"This is not the 1920s after all," he said.

Andrew Berger, for ComCare, said people needed to eat, sleep and attend to their personal hygiene but "you don't need to have sex".

The appeal is continuing before Justice John Nicholas.

5 comments

No wonder that business is paying through the nose for workers comp insurance. This claim is just ludicrous....if it is paid, it means that people are covered for ANYTHING whether working or not while on company business. There will be no "working hours"......if you sustain any injury at all on a business trip, you will be covered.
This incident was an accident, plain and simple and no fault of the employer. It was certainly not incurred by the employer requiring her to stay overnight. Did the employer pick the motel?.....did he pick the room?......did he order the "activity" that may well have dislodged the light fitting that caused the injury? People have to learn to take responsibility for their own actions and not try to make money from every unfortunate occurence in life.

Hear, hear - when is this going to stop!!!! Our society seems to be motivated by greed and the taxpayer is paying for it. I heard about a woman who carries a digital camera with her wherever she goes in case she slips on a wet floor or has some similar accident that she can sue someone for.

Remember when we used to say 'only in America'...not any more.

As a country lad the issue is simple, the rider should look where she is going, or dismount.

Part of it is those who advise people of their "rights".
And those who will profit either way; two many lawyers in parliament making laws that can end up in the courts.

5 comments



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