French company liable after employee dies during sex on business trip

Cardiac arrest during sex on business trip can be considered 'work accident', rules French court

Cardiac arrest during sex on business trip can be considered 'work accident', rules French court

Years after a man was found dead in France following a sexual encounter gone wrong, a French court judge ruled his employer is liable for the incident because he was away on a business trip at the time, according to reports.

Bosses reportedly argued Mr X had allegedly been cheating on his wife and had not been in a hotel room booked by the company.

The man, named as Xavier X, was working as an engineer for TSO, a railway services company based near Paris.

Mr X's employer, TSO, challenged the decision and said his death was the result of "an extramarital relationship with a flawless stranger".

A French health insurance provider ruled Xavier's death was a workplace accident, a decision that TSO attempted to appeal, stating the employee's death "occurred when he had knowingly interrupted his mission for a reason exclusively dictated by personal interest, independent of his job, after he has an adulterous relationship with a flawless stranger", court records show. But the insurance provider regarded the sexual activity like "taking a shower or a meal".

Therefore the reason for his death was not "attributable to his work but to the sexual act he had with a complete stranger".

"French law (article L 411-1 in the social security code) stipulates that a work accident is an accident that occurs in the course of work", a court spokesman told Euronews, adding that work in this context refers to the actual working time at the usual place of work or the time the employee is on a business trip for his employer.

According to the BBC, the judges determined any employee on a business trip was entitled to protection "over the whole time of his mission".

His employer, railway construction company TSO, argued that because his sexual activity was not part of work and because he died in a different hotel in which he was staying for work, his death wasn't the company's responsibility.

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