Court rules sex injury not result of ‘inducement’ or ‘encouragement’ by employer
Six years after she was injured while having sex on a business trip, and two years after suing for workers’ compensation, an Australian public servant won’t get compensation for the injury.
Australia’s High Court ruled Wednesday that the woman wasn’t entitled to workers’ compensation for a 2007 injury in which a glass fitting above her hotel bed was pulled from its mount during sex, striking her in the face, The Australian reports. The injury occurred when the woman was employed in the human relations section of a commonwealth government agency. When she sued for workers’ compensation four years later, her attorney argued that suffering harm during sex was “no different than slipping over in the shower or being bashed by a gang of thugs.”
An administrative tribunal found that her injuries were not related to her employment, but the Federal Court of Australia set aside that decision, setting up the appeal to the High Court in what was seen as a test case for workers’ compensation. The court denied the woman’s claim, ruling that the her employer did not “induce or encourage” her to engage in the activity. Australian Senator Eric Abetz, the Minister of Employment, hailed the ruling as a victory for common sense.