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Admin
28-07-2011, 06:14 PM
Sue the Govt for injury while having Sex? Well ive seen it all now.

Woman sues government after light falls, injures her in hotel room while having sex on work trip | News.com.au (http://www.news.com.au/national/woman-sues-government-after-light-falls-injures-her-in-hotel-room-will-having-sex-on-work-trip/story-e6frfkvr-1226102403584)

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.

Shrek
29-07-2011, 11:26 PM
LOL what next??????

Admin
30-07-2011, 12:06 AM
how could the court room keep a straight face when the case was read out , you would just piss yourself laughing and ask for pics lol

Shrek
30-07-2011, 12:14 AM
She should be during the hotel not the employer

Big Mick
30-07-2011, 08:46 AM
I used to work away from home regularly and I recon she should be compensated.

It was not her choice to be there she was send there for work by her employer, who must provide safe environment for her to be in. If it wasn't for her employer she would have been safe at home in her own bed.

On another note, yes sue the motel as well, I say go for gold:)

Skalatharx
30-07-2011, 09:49 AM
The whole world needs to HTFU and stop with this pointless sueing bullshit. We get them all the time at work, I call them compo queens.

Admin
30-07-2011, 10:27 AM
had a compo claim at my work the other year , a guy slipped over on some water in the factory and claimed he injured his knee , the only problem was that we caught him limping on the wrong leg

Skalatharx
30-07-2011, 11:47 AM
had a compo claim at my work the other year , a guy slipped over on some water in the factory and claimed he injured his knee , the only problem was that we caught him limping on the wrong leg

lol maybe that same guy is the guy that claimed compo at my work last year. He said he fell down a flight of stairs. A guard that was watching him said he just lied down on the stairs and called for back up lol. Funny shit at the time.

Big Mick
30-07-2011, 02:59 PM
Well is someone is putting in fraudulent claims I then they should be locked up or at least charged with fraud.

If it is a genuine claim of someone getting injured while at work then they should get all they deserve, that simple. I have never claimed compo in my life, but if or when I do get hurt due to something that happened at work or due to work I expect to be compensated for my loss of income and injury.

Two very different scenarios, just because some people make fraudulent claims does not mean genuine claimants should not be compensated.

In the case of this woman, her work send her out there, so she was there for work, not on her own accord for a holiday, she was getting payed to be there, there for she should be compensated IF she suffered genuine injury while being away from home for work. If she was at home and not at work chances are she would not have suffered these injuries, there for work has to be responsible. If she did not suffer injury while being away from home well then it's fraud.



The whole world needs to HTFU and stop with this pointless sueing bullshit. We get them all the time at work, I call them compo queens.

That's very clever, I wonder if you would still have that attitude if you get hurt at work and break a leg, or are involved in an accident on the way to or from work and you have no more income and your boss turns around and says: 'harden up mate, I am not paying any of this pointless compo BS'

I bet you would be on here screaming blue murder, whining and complaining that you are off work and not getting payed.

PS the fact that this woman was having sex at the time is not really relevant to the fact that she got hurt (if she did), it's mainly a media beat up to make the story interesting.

TheGiftToLift
01-08-2011, 12:54 PM
Sounds like shes been screwed twice.

Admin
01-08-2011, 02:02 PM
In the case of this woman, her work send her out there, so she was there for work, not on her own accord for a holiday, she was getting payed to be there, there for she should be compensated IF she suffered genuine injury while being away from home for work. If she was at home and not at work chances are she would not have suffered these injuries, there for work has to be responsible. If she did not suffer injury while being away from home well then it's fraud.

that's fair as long as the injury happened in the course of work tasks or job discription , but i don't think screwing a bloke and getting injured should be covered under work task or job discription unless of course that was listed in the terms

TheGiftToLift
01-08-2011, 03:22 PM
I say pay the hoe.