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Workers' comp covers sex-related injuries, judge rules

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Injuries sustained while having sex on a work trip are covered by workers' compensation, an Australian federal judge has ruled.

The ruling accepted that the nookie-related injury sustained by a government employee on a business trip occurred during "the course of employment", overturning an earlier rejection of the woman's claim for workers comp.

The claim arose in 2007, news.com.au reports, when the un-named female claimant - who worked for the Human Relations Section of the Commonwealth Government Agency - was sent to a small country town as part of her job.

While there, she hooked up with a male friend and went for dinner. The pair then retired to the claimant's hotel room, presumably to further explore the subject of human relations.

During the post prandial passion session, a light fitting over the bed fell off the wall, injuring the woman.

The male party said in a statement that the couple had been "going hard" and it was not clear to them whether they had bumped off the light, or it had fallen off the wall.

“I think she was on her back when it happened but I was not paying attention because we are rolling around,” he explained.

The woman subsequently made a claim for physical and psychological injuries, but it was initially rejected

However, this week's appeal declared that having sex in a hotel room was an "ordinary incident of life", just like showering and sleeping.

He added that if the woman had been injured playing cards in her hotel room, she would have been entitled to compensation, and being hurt while having sex is no different.

That said, Aussie readers wanting to make sure they're fully covered might want to presage any hotel room nookie with a relaxing game of strip poker, just to be on the safe side. ®

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Re: does this mean...

No, because you're bragging about cheating on your wife on an IT news website.

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What a strange decision.

Shouldn't the hotel be liable for the injuries due to its fittings not being so fitted, rather than having to claim from the employer? Or is this about missed wages being paid whilst unable to work due to sickness? Either way, I would expect the hotel to be the ones claimed against by either the employee, employer or both.

As for "psychological injuries" why? Of course being injured isn't pleasant but if she dropped something on your foot at work would she suffer from "psychological injuries" also?

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Re: Sex the same as playing cards

Yes it is-

Poker and brag.

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