Employer Is Liable For Worker’s Death After Sex on Business Trip: French Court by D. Matthews
A French court ruling set a new precedent for employer liability for accidents during business trips after ruling that a railway construction company was responsible for its employee who died after having sex on a business trip.
A man identified only as Xavier in court documents died of a heart attack at the home of a woman with whom he had just had sex, ABC News reported.
Xavier, a construction technician, was on a business trip in the Loiret province south of Paris in 2013 when he died.
The court ruled the death a “workplace accident” in May 2019.
TSO, his former employer, argued that Xavier’s death “occurred when he had knowingly interrupted his mission for a reason solely dictated by his personal interest, independent of his job.” The court was not convinced.
CPAM, a health insurance fund involved in the case, successfully argued that sex “relates to acts of everyday life like to take a shower or a meal.”
The court concluded that even though the sex and subsequent death occurred outside of the hotel room that TSO booked for Xavier, he at no point “placed himself outside the sphere of authority of the employer.”
Under the ruling, Xavier’s family is owed monthly payments of as much as 80% of his monthly salary, and TSO will continue contributing toward his pension.