This post comes to us from our colleague Charlie Domer in Wisconsin. While the topic of sex provides some entertaining context, Charlie does point out that, when you are traveling for business, even injuries that happen during non-work-related activities may be covered by workers’ compensation. While this article addresses Wisconsin law specifically, New York law is very similar.
Work Injury During Sex: Ridiculous? Not really. From time to time lurid headlines raise eyebrows about employees who claim worker’s compensation for injuries occurred during sex. The most common response is “How ridiculous . . . The employee is not being paid to have sex (unless she is a hooker).”
A most recent headline notes an Australian woman who had hotel sex with an acquaintance and was injured when a wall-mounted light fell on her during the encounter. She sought worker’s compensation because the incident occurred during a business trip and she claimed having sex on a business trip is “an ordinary incident of life” that entitles her to payment under worker’s compensation law.
Traveling employees are deemed to be in the course of employment at all times while on a trip
Traveling employees receive broad worker’s compensation coverage Continue reading
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Today we’re featuring another guest post by our colleague Tom Domer of Wisconsin. Here Tom shares the legal tests that establish whether damages for mental injury will be awarded. For mental injuries following a physical injury, the standard is “Is the mental disability… related to the work injury?” For cases that don’t involve a physical injury, some states require that the stress that triggered the mental injury be extraordinary “beyond those stresses than the day to day emotional strain and tension which all employees must experience.” While these criteria can be difficult to meet, mental injuries are real and can be as debilitating as physical ones.