Woman injured in motel sex refused compensation


Woman injured in motel sex refused compensation

A woman who was hurt by a light fitting while having sex in a motel during a work trip has lost a bid for compensation.

The Australian civil servant was injured when the light fitting fell on her and a colleague.

She initially won compensation from government insurer Comcare but the High Court overruled the judgement and said her employer had not encouraged the activity which led to her injury.

According to The Australian, the High Court said: "When the circumstances of an injury involve the employee engaging in an activity at the time of the injury, the relevant question is: did the employer induce or encourage the employee to engage in that activity?

"On the facts of the respondent's case, the majority held that the answer to that question was 'no'."

The woman said she suffered damage to her nose, mouth and tooth, as well as psychological trauma from the injury.

AFP reports that Employment Minister Eric Abetz called it a victory for common sense.

"This decision protects the currency of workplace safety, which was in serious danger of being trivialised by this claim," he told the Australian Broadcasting Corporation.

"This decision also means that the definition of 'work-related injury' is more clearly defined.

The unnamed woman has no further right to appeal.

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