During a business trip, a married man died of a heart attack while he was having sex with a local woman that he’d just met. A court judge ruled that the death qualified as a workplace accident, even though he was engaged in an “adulterous sex act” when the heart attack occurred, making the man’s employer financially liable.
The man – an engineer, identified only as Xavier X – was in a hotel room in Meung-sur-Loire, France, when he was found dead. According to a report by the New York Post, his body was discovered shortly after Xavier X had had sex with a woman that he had just met.
Xavier X, an employee of TSO, a railroad construction company, was on a business trip when he suffered the heart attack and died.
TSO asserted that Xavier X was not performing any work-related duties at the time of his death. The company blamed the adulterous sex act for the heart attack in a bid to protect themselves from liability.
However, an appeals court judge ruled that employees on assignments are entitled to their employer’s protection while they are on a business trip and determined that the company is liable for incidents that happen during the course of performing one’s professional duties as well as when handling “normal life” activities.
The court’s decision upheld a ruling made by a lower court in 2016. The lower court determined that a sexual encounter qualified as a “normal life” activity, similar to eating meals or taking a shower.
Since the death is being ruled a workplace accident – or “accident du travail” – Xavier X’s family will be entitled to a range of benefits, including some provided by Xavier X’s employer, TSO.
Any partners or children of Xavier X will be eligible for a monthly benefit payment in an amount that equals up to 80 percent of his salary. That benefit continues until Xavier X would have reached retirement age. After that point, any qualifying heirs would get a share of any pension benefits he would have received.