I was injured while on a work trip. The incident occurred while I was in my hotel room. I had invited some people I met at the conference to play a game of cards and have a drink in my room. During the evening the chair I was sitting in collapsed and I broke my hip. Am I eligible to seek compensation?
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Answer by Shamaila Khan, Kingsville 3012 VIC
- Probably not. A recent case in the High Court considered this question and found that that an employee who was injured during a private activity on a business trip would only be eligible for compensation if they were induced or encouraged to engage in that activity by their employer.
- In that case a light fixture fell on the employee and her friend while they were engaged in sexual activity.
- Since the employer could not have been said to induce or encourage the employee to have sex while on the business trip it was determined that the act was not in the usual course of the woman’s employment and therefore not covered by workers compensation.
- The decision reduced the range of after-hours activities covered by workers compensation in instances where the employee was away from home on business.
- In your case your employer is likely to rely on this case to claim that you were engaged in an activity that they had not induced or encouraged you to take part in.
- However you should speak to a lawyer as soon as possible as you may have a claim for damages in negligence against the hotel if the chair was faulty.