Worker Denied Workers' Comp After Being Accidentally Injured While Having Sex On A Work Trip


An Australian government employee seeking workers’ compensation for an injury that occurred while having sex on a work trip has been denied her claims. The woman, who is to remain anonymous for legal reasons, suffered injuries when a light fixture fell on her face and injured her nose and mouth while she was having sex in a motel paid for by her employer. The woman claimed she also suffered psychological damage due to the nature of the injury, the Telegraph reports.

The event took place in 2007, while the woman was overseeing a budget review in a regional office. The court threw out the case because it deemed the sexual activity was not work-related. More specifically, the court deemed the activity was “not an ordinary incident of an overnight stay like showering, sleeping, eating, or returning to the place of residence from a social occasion elsewhere in the vicinity.” Also, the woman’s claims were denied because the light fixture was knocked off by one of the individuals engaged in intercourse. If it had been a faulty light, then the motel, and therefore the employer, which paid for the motel, would be responsible. 

Although the woman was initially granted compensation by the Full Bench of the Federal Court last year, the High Court reversed those claims. That means that this case reached the highest judiciary branch in Australia, so those seeking future compensation for accidental sex-related incidents on work trips are likely to be immediately denied. 


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