Company must pay after employee dies during sex on business trip

The man identified as M Xavier had travelled to the Loiret region in 2013 for his employer TSO a railway construction company where he had sex with a 'complete stranger'

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

Having a cardiac arrest during sex on a business trip can be considered a "workplace accident", Paris Court of Appeal has ruled.

The employee, identified as M. Xavier, was in Loiret, a province south of Paris, on business for railroad company TSO on February 21, 2013, when he suffered a fatal heart attack after having sex with a woman at her home, according to court papers posted to LinkedIn by attorney Sarah Balluet and translated to English.

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

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While on a work trip in central France, Xavier had relations with an unidentified woman at her home before returning to his hotel, only to later die from a heart attack purportedly linked to the sexual encounter. The Court of Appeal of Paris ruled his death a "workplace accident" in May of this year, according to a copy of the ruling posted to LinkedIn last week by lawyer Sarah Balluet. But the insurance provider regarded the sexual activity like "taking a shower or a meal".

French judges disagreed with TSO and stated that an employee who is on a work trip remains the responsibility of the employer, regardless of what the employee does during and after working hours.

The company also went on to add that its employee's death did not have anything to do with his work performance but rather a "sexual act he had with a complete stranger".

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"During the entire period of the business trip, he remains under the employer's authority until he's shown that he has interrupted for an activity that can not be considered part of everyday life", they said.

The Court of Appeal in Paris ultimately chose to uphold the insurance provider's original decision, noting "it is common ground that sexual intercourse is an act of everyday life".

"During the entire period of the business trip, he remains under the employer's authority until he's shown that he has interrupted for an activity that can not be considered part of everyday life".

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