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Employee denied compensation for sex injury on business trip
Workplace Health and SafetyOctober 30, 2013
Australia’s High Court has denied compensation to a government employee who was injured while having sex during a business trip.
The employee invited a male friend to the motel room that her employer had booked for her in a regional town. While they were having sex a glass light fitting was pulled from its mounting and fell on her head. She lodged a claim with Comcare, the workers’ compensation agency for employees of the federal government as she suffered physical and psychological injuries.
Initially, the Federal Court found that the employee was entitled to make a claim as she was injured in the course of her employment and should be compensated.
The high court overruled this decision as the employer did not induce or encourage the employee to participate in the sex. Comcare was not liable to compensate the employee.