April 19, 2012 1:45PM
A WOMAN who was injured while having sex in her hotel room during a work trip is entitled to compensation. In the Federal Court today Justice John Nicholas ruled that the woman was injured during her “course of employment”.
The woman’s barrister argued that sex was an “ordinary incident of life” in a hotel room, much like showering and sleeping.
The Judge ruled that “if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation” and the fact that the woman was engaged in sexual activity rather than some other lawful recreational activity while in her hotel room does not lead to any different result. The woman, who cannot be named, challenged the rejection of her workers’ compensation claim for facial and psychological injuries suffered when a glass light fitting came away from the wall above the bed as she was having sex in November 2007.
The woman in her late thirties was required to travel to a country town by her employer, the Human Relations Section of the Commonwealth Government agency. She arranged to meet a male friend there who lived in the town. They went to a restaurant for dinner and at about 10pm or 11pm went back to the woman’s motel room where they had sex that resulted in her injury.
The male friend said in his statement at the time that they were “going hard” and he did not know if they bumped the light or it just fell off. “I think she was on her back when it happened but I was not paying attention because we are rolling around.”