Judge: Worker’s Comp Will Cover Sex Accident

A court ruled an Australian woman injured during an intimate moment on a business trip is eligible for benefits.

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Brandon Ballenger
By | Dec 19, 2012
'Giant Gavel' by Flickr user Sam Howzit

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It’s been a five-year ordeal for the anonymous woman, but the law has come down on her side. The Associated Press explains what happened…

During the sex [on a 2007 business trip], a glass light fitting was torn from its mount above the bed and landed on her face, injuring her nose and mouth. She later suffered depression and was unable to continue working for the government.

She filed a claim for “physical and psychological injuries” which was initially approved, then investigated and withdrawn because the sex was “not an ordinary [business] incident of an overnight stay” and her job didn’t “induce” the encounter. A court initially agreed with the insurer, Comcare. But that was finally overturned by the Australian Federal Court, which said the woman would’ve been likewise eligible if she was injured playing cards.

It’s not known what compensation she will get, or whether the insurer will try to appeal the decision to Australia’s equivalent of the Supreme Court.

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