Public servant misses out on sex compo after motel injury

A WOMAN who was injured while having sex in her hotel room during a work trip finally has a decision on her workers compensation claim.

Motel room. Picture: Getty Images.

A WOMAN awarded compensation after injuring herself during sex on a work trip has had the damages win knocked back by the High Court.

The nation's highest court this morning upheld an appeal by Comcare, who argued they shouldn't have the pay the commonwealth employee any money as compensation.

The woman was hurt when a glass light fitting was pulled from the motel room bed and landed on her face.

She'd been having sex with a man she'd known in the regional town where she was staying for two days.

A full bench of the Federal Court agreed the woman's injuries had been sustained during "the course" of her employment, as she'd been staying in the motel room for work purposes and her employer had "induced" her to be there.

But the High Court has rejected that reasoning.

"In order for an injury sustained in an interval or interlude during an overall period of work to be in the course of an employee's employment, the circumstances in which the employee was injured must be connected to an inducement or encouragement by the employer," a summary from the court says.

"If the employee is injured whilst engaged in an activity at a certain place, that connection does not exist merely because of an inducement or encouragement to be at that place.

"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 (this) case, the majority (of the court) held that the answer to that question was 'no'."