A WOMAN who was injured while having sex in her hotel room during a work trip has won compensation.

After a five-year legal battle, the Federal Court dismissed an appeal from the woman's former employer, which argued that having sex during a work trip had nothing to do with her job.



However the court 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 worked for workplace health insurer Comcare, claimed for facial and psychological injuries suffered when a glass light fitting came away from the wall above the bed in her motel room as she was having sex in November 2007.



The woman's claim was initially accepted by Comcare, but following further investigation that acceptance was revoked on 21 January 2010.



However, after three appeals, the courts have ruled in the employee's favour saying that in the absence of any misconduct, or an intentionally self-inflicted injury, the woman's injuries were sustained during "the course of her employment”.



The case is significant for workplace law, broadening the scope of what is deemed to be "during the course of employment".



The woman in her late thirties was required to travel to a country town by her employer when the incident occured.



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.”



The court ruled in the employee’s favour by virtue of the fact that the applicant's injuries were suffered while she was in the motel room in which her employer had encouraged her to stay.



Comcare must now appeal to the High Court if it wants to overturn the decision.



Originally published as Worker injured during sex wins compo