A French company has been found liable for the death of an employee who had a cardiac arrest while having sex with a stranger on a business trip.

A Paris court ruled that his death was an industrial accident and that the family was entitled to compensation.

The firm had argued the man was not carrying out professional duties when he joined a guest in her hotel room.

But under French law an employer is responsible for any accident occurring during a business trip, judges said.

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

He died at a hotel during a trip to central France in 2013, as a result of what the employer called "an extramarital relationship with a perfect stranger".

The company challenged a decision by the state health insurance provider to regard the death as a workplace accident.

The provider defended its position by insisting that sexual activity was normal, "just like as taking a shower or a meal".

In its ruling, the Paris appeals court upheld this view.

An employee on a business trip is entitled to social protection "over the whole time of his mission" and regardless of the circumstances, it said.

Gosh, l wonder how the funeral service went? What did the vicar say to the congregation when talking about the deceased man’s life and how he’ll be remembered?

I am surprised at the court ruling.

Surely then that ruling should apply to all office bonking
that takes place all across France and even on the factory
floor, perhaps l should rephrase bthat?
This judge could have let the genie out of the bottle?

Regards Donkeyman!

The Paris Court of Appeal argues that "an employee performing a business trip is entitled to the protection provided by Article L 411-1 of the Social Security Code throughout the duration of the trip he performs for his employer".

In other words it does not matter whether the accident occurs during a professional or everyday act unless the employer has proof that the employee interrupted his mission for a personal reason.

Art. L. 411-1 of the Social Security code sets out the requirements: “A work-related accident is an accident, whatever the cause, arising out of or from a job performance by an employee or anyone who is hired, whatever the reason or the location, by one or several employers or business owners.” This requires to be met: an employment relationship (i), a sudden, damaging event (ii), and a loss arising out of the employment relationship (iii).

• An employment relationship

This is when the employer has the right to exercise some degree of direction and control over his employee.

For example, it takes place in an employment contract whereby the employer determines the physical details (time, place, method, etc.) of the performance of the work.

• A sudden, damaging accident

An accident is any sudden, damaging event happening to the employee.

Not necessarily:

https://www.thelocal.fr/20190911/fre...nt-court-rules



So, bonking in the office or on the factory floor would "interrupt the mission".

https://grenier-avocats.com/en/accid...el-roynette-2/



Because of the unusual nature of the ruling, and the potential liability for employers, the case is likely to be referred to the Cour de Cassation, France's highest judicial court.