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| The unnamed woman (file picture) in her thirties won her case at the Australian Federal Court after the judge ruled having sex was an ordinary part of life |
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An Australian woman who was injured when a light fitting fell on her head while she was having sex in a motel room is to receive workers' compensation after a court battle.
In an extraordinary case, a judge ruled she was hurt during the course of her employment - because she had been sent on a job in the small rural town where she had checked in.
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A male friend she had gone to bed with testified that they were 'having sex' and he did not know if they bumped the light above the bed or whether 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,' he said in his statement.
In the Australian Federal Court yesterday, Justice John Nicholas agreed with the woman's barrister that she was hurt during the course of her employment while visiting the town.
Sex, the barrister argued, was 'an ordinary incident of life' in a hotel room, much like showering and sleeping.'
The woman has not been named, but it is known she is in her late 30s and was required to travel to the town by her employer, the human Relations Section of the Commonwealth Government.
Justice Nicholas said that 'if the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation.'
He added that the fact 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 had challenged the rejection of her workers' compensation claim for facial and psychological injuries suffered when the glass light fitting came away from the wall above the bed while she was having sex in November 2007.
She had arranged to meet a male friend in the rural town and they went to a restaurant for dinner.
At about 10pm or 11pm they went back to her motel room where they began the romp that resulted in her injury.
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