Australian woman loses sex injury court case

[Infinite Chaos]

An Australian civil servant has lost a bid for compensation for an injury incurred while she was having sex during a work trip.
The woman was injured when a light fitting fell on her and a colleague while they were having sex in a motel. Link

I would like to know what reason the fifth High Court judge had for supporting the woman's case.

If the woman was a sex worker and injured in carrying out her work then I might agree compensation but the woman in the case appears to be a civil servant and unless her employment required her to have sex in a hotel room then she had no case to bring.

 

[Infinite Chaos]

My god - it gets worse! This case happened 6 years ago and it's taken until the last 24 hours and taking it all the way to the highest court in Australia to deal with this?

 

[Serenity]

I'd just like to take a moment to inform everyone that it wasn't me.

:lol:

 

[Manc Skipper]

I think we need more information. Leaving aside the sex part, if you are lying in bed and are injured when a light fitting falls out of the ceiling, it seems reasonable to seek compensation. If you were swinging from it at the time, that puts a different complexion on it!

 

[American]

I think we need more information. Leaving aside the sex part, if you are lying in bed and are injured when a light fitting falls out of the ceiling, it seems reasonable to seek compensation. If you were swinging from it at the time, that puts a different complexion on it!

Is there any form of victimhood you won't support?

 

[Manc Skipper]

Yours. With your incessant whining, it's becoming a pest.

 

[Infinite Chaos]

I think we need more information. Leaving aside the sex part, if you are lying in bed and are injured when a light fitting falls out of the ceiling, it seems reasonable to seek compensation. If you were swinging from it at the time, that puts a different complexion on it!

What's wrong with making a claim against the hotel for public liability if you're innocently lying in a hotel bed when a light falls on your face?
Why did she try and make an employment based claim against her employer when her being in a hotel room having a bit of rough sex had nothing to do with employment and workplace insurance?

 

[specklebang]

What's wrong with making a claim against the hotel for public liability if you're innocently lying in a hotel bed when a light falls on your face?
Why did she try and make an employment based claim against her employer when her being in a hotel room having a bit of rough sex had nothing to do with employment and workplace insurance?

I've never worked for anyone so I hope somebody with a real job can enlighten me. When you are traveling on business, if you are injured, does Workmans Comp cover you or not?

 

[sangha]

My god - it gets worse! This case happened 6 years ago and it's taken until the last 24 hours and taking it all the way to the highest court in Australia to deal with this?

The article isn't clear about the circumstances, but it sounds as if the light fixture didn't just fall off the wall

The bureaucrat suffered cuts to her nose and mouth as well as ''psychological injuries'' when a glass light fitting was pulled from the wall of the motel room during the tryst.

Read more: Public servant loses sex injury compo claim

 

[Manc Skipper]

Her employer has the perfect get out clause. She was "indulging in a frolic" outside the remit of her employment. The trial judge was obviously having one when he originally ruled for her!

Paul Sheehan column

 

[Infinite Chaos]

The article isn't clear about the circumstances, but it sounds as if the light fixture didn't just fall off the wall

A few other web links are clear that "vigorous sexual activity" caused the light fitting to come away from the wall.

I've never worked for anyone so I hope somebody with a real job can enlighten me. When you are traveling on business, if you are injured, does Workmans Comp cover you or not?

Depends on the situation. If you're traveling on business and injured while performing the duties associated with that business then there are insurance policies that cover this.

 

[specklebang]

A few other web links are clear that "vigorous sexual activity" caused the light fitting to come away from the wall.



Depends on the situation. If you're traveling on business and injured while performing the duties associated with that business then there are insurance policies that cover this.

I didn't know there was such a thing as a Workmans Comp Insurance policy. That is a State function. So, unless I'm wrong, the answer is YES or NO. Let's leave private insurance out of the question - I want to know if Workmans Comp covers you when you are out of state on business. Hope my question makes sense.

 

[clownboy]

I didn't know there was such a thing as a Workmans Comp Insurance policy. That is a State function. So, unless I'm wrong, the answer is YES or NO. Let's leave private insurance out of the question - I want to know if Workmans Comp covers you when you are out of state on business. Hope my question makes sense.

Worker's comp is insurance. And yes, if you are on business, doesn't matter if you are on the moon, you're covered for injury on the job.

 

[sangha]

I didn't know there was such a thing as a Workmans Comp Insurance policy. That is a State function. So, unless I'm wrong, the answer is YES or NO. Let's leave private insurance out of the question - I want to know if Workmans Comp covers you when you are out of state on business. Hope my question makes sense.

Yes, it is a state function. It is also a form of insurance. IOW, it's a state run insurance program.

Workman's Comp covers employees when they are out of state on business but it doesn't seem to cover them (based on this article) if their injuries result from activities that are personal in nature and not related to the business.

 

[Infinite Chaos]

-- Hope my question makes sense.

Maybe not - the pond between us is showing up differences.

Do you mean something like this?

Workers' compensation - Wikipedia, the free encyclopedia

 

[specklebang]

Maybe not - the pond between us is showing up differences.

Do you mean something like this?

Workers' compensation - Wikipedia, the free encyclopedia

I'll have to ponder this.

Yes, it is a state function. It is also a form of insurance. IOW, it's a state run insurance program.

Workman's Comp covers employees when they are out of state on business but it doesn't seem to cover them (based on this article) if their injuries result from activities that are personal in nature and not related to the business.

Worker's comp is insurance. And yes, if you are on business, doesn't matter if you are on the moon, you're covered for injury on the job.

So, thanks for answering but there is a difference between your answers. If I am based in NV and sent to AR to supervise the installation of a giant pork chop, I return to my hotel room., trip over the maid and fall out the window, am I covered? I wouldn't be in AR if I weren't sent there but I fell out the window on my own time after dinneer?

Covered or not covered? Sangha says NO and Clownboy says YES (I think).

 

[sangha]

I'll have to ponder this.





So, thanks for answering but there is a difference between your answers. If I am based in NV and sent to AR to supervise the installation of a giant pork chop, I return to my hotel room., trip over the maid and fall out the window, am I covered? I wouldn't be in AR if I weren't sent there but I fell out the window on my own time after dinneer?

Covered or not covered? Sangha says NO and Clownboy says YES (I think).

My response was to describe a general principle and not to prescribe how every case would be judged without regard to the details.

 

[Aunt Spiker]

In the US it would have gone this way:

No one would care if she was there *because of work* or having sex *because of work* - She might have been able to claim liability from the HOTEL itself and their insurance would have covered the cost of her healthcare due to the injuries of THEIR faulty workmanship (albeit - if that's the reason why it fell)

It was not an injury sustained while at work or doing anything related to work - so employee Compensation would not have been tapped into to cover it.

This Britain thing - where *it all* resided on whether or not she was covered by her healthcare via work - is silly and highlights a good reason why we don't connect *everything* together like that in the US.

She was injured because of someone else's crap POS light fixture and fittings - in the US - everything else would have been tertiary issues.

 

[Infinite Chaos]

In the US it would have gone this way:

No one would care if she was there *because of work* or having sex *because of work* - She might have been able to claim liability from the HOTEL itself and their insurance would have covered the cost of her healthcare due to the injuries of THEIR faulty workmanship (albeit - if that's the reason why it fell)

It was not an injury sustained while at work or doing anything related to work - so employee Compensation would not have been tapped into to cover it.

This Britain thing - where *it all* resided on whether or not she was covered by her healthcare via work - is silly and highlights a good reason why we don't connect *everything* together like that in the US.

She was injured because of someone else's crap POS light fixture and fittings - in the US - everything else would have been tertiary issues.

The case was in Australia - not Britain. The way I read it (and I wasn't there) was that somehow in her energetic sexual activities in the hotel room the light pull and light fitting came away. Whether she and her partner(s) pulled on the cable during this energetic sexual act or the vibrations caused the fixtures to come out of the wall is unclear however she (foolishly?) stated in her original claim that it was all during a very energetic sexual act.

If she had simply said she was lying in bed (alone) reading a book when the light fitting fell and broke her tooth- this might have been over much sooner.