Go Back  PPRuNe Forums > PPRuNe Social > Jet Blast
Reload this Page >

Industrial Accidents - French Style

Jet Blast Topics that don't fit the other forums. Rules of Engagement apply.

Industrial Accidents - French Style

Old 10th Sep 2019, 06:42
  #1 (permalink)  
Ecce Homo! Loquitur...
Thread Starter
 
Join Date: Jul 2000
Location: Peripatetic
Posts: 9,974
Industrial Accidents - French Style

https://www.dailymail.co.uk/news/art...urt-rules.html

Man who died from a heart attack while having sex on a business trip was the victim of an industrial accident and his employer is liable for damages, French court rules

A man who died from a heart attack after having sex with a woman he met on a business trip is a 'victim of a professional accident', a French court has ruled. This ruling means that the employer of the man, known as Xavier X, will have to pay hefty compensation to his dependents.

Xavier X, whose surname has not been released, was an engineer working in the Loiret département in central France on behalf of his employer, TSO, a French railway construction company. He met a local woman on a night in February 2013, but was found dead in his hotel room in Meung-sur-Loire shortly after the pair had sex.

French labour authorities asserted that Xavier's death should be classified as an 'accident du travail', which entitles the victim's family to benefits from both the state and employer. As a result, any partners and children of Xavier will receive a monthly benefit of up to 80 per cent of his salary until what would have been his retirement age. Thereafter, TSO will have to contribute towards Xavier's pension.

In 2016, a lower court ruled that 'a sexual encounter is an act of normal life like taking a shower or eating a meal,' which was upheld by the appeal court in May.

Xavier's employer argued against the decision but lost in every round. The company argued that it could not be held accountable for the worker's death, even though it happened while he was on an assignment, because his heart attack was unconnected to the job. TSO added that the employee was not in the hotel room organised by the company during the liason and that the encounter was adulterous.

French judges brushed aside these arguments and claimed that an employee travelling for work remains the employer's responsibility, regardless over what the employee does on and off work hours.

The ruling stretches back ten years when the courts declared that any accident suffered by employees on work trips away from their work headquarters amounts to an 'accident du travail'. Unless the employer can prove that the worker intentionally broke from their 'mission' for personal reasons, then the ruling would remain in place.

Nor is the case of Xavier X the first time the ruling has been challenged. In 2017, a French court was found liable for a travelling businessman who injured his hand at a disco in China. The court ruled that it did not matter if it was 2am and the man was off duty.

ORAC is offline  
Old 10th Sep 2019, 06:52
  #2 (permalink)  
 
Join Date: Jan 2010
Location: France
Posts: 351
Maybe that will change the minds of some of the Brexiteers? I'll get my coat!
Alsacienne is online now  
Old 10th Sep 2019, 07:05
  #3 (permalink)  
 
Join Date: Feb 2001
Location: The Winchester
Posts: 5,335
Needless to say some stuff gets lost in translation - the reality is slightly ( but only slightly) more complex than some of the versions of the reports in the UK press

.As a bit of background it might be worth knowing that many French employees and their families get a large chunk of their health coverage/health insurance/benefits through their employer - the State only provides a very very basic benefits safety net. The whole set up has more in common with what happens in the US than for example what happens in the UK, (but don't tell some of our American friends that because some can can get quite excited about French/US parallels)

If the breadwinner in the family dies, for whatever reason, the family can be left badly exposed financially...so the lawyers will get involved...

https://www.lanouvellerepublique.fr/...ent-du-travail
wiggy is offline  
Old 10th Sep 2019, 20:55
  #4 (permalink)  
 
Join Date: Jul 2008
Location: adelaide australia
Posts: 269
I recall a government worker in Australia who picked up a lover on a work trip not so long ago and was injured during their making of the beast with two backs also was awarded worker's compensation for the injury, so it's not just France.

On performing my due dilligence I found that she eventually lost on appeal to the High Court of Auatralia.

"The flaws in the system were highlighted in lurid terms by the infamous "hotel room sex case", where a Commonwealth public servant successfully sought workers compensation for an injury sustained on a work trip, after hours, while engaging in sexual activity," the minister wrote in The Canberra Times.

"Thankfully the decision was ultimately overturned by the High Court, but at significant cost to the scheme, which had to pay more than $600,000 in legal costs to defend the spurious claim, including for the legal costs of the libidinous claimant."


https://www.smh.com.au/public-servic...25-1m75z5.html
gileraguy is offline  
Old 10th Sep 2019, 21:37
  #5 (permalink)  
 
Join Date: Aug 2006
Location: London
Posts: 1,593
Seems a reasonable outcome to me. In France, all work trips are seen as work, whether or not you are at a place of work. So in your free time, in Outer Mongolia, or some other horrible place such as PNG or Australia, you are at work 24x7.
Ancient Observer is offline  
Old 10th Sep 2019, 22:52
  #6 (permalink)  
 
Join Date: Dec 2010
Location: Balikpapan, INDONESIA
Age: 67
Posts: 505
Think me odd, if you will, but I can see the logic in the French position.
(Yes, I know what I just said).

The courts logic is simply that, except for the work assignment, the victim would not have been in that situation at all.
WingNut60 is offline  
Old 11th Sep 2019, 00:15
  #7 (permalink)  
 
Join Date: Mar 2005
Location: N/A
Posts: 2,779
French style? No, Australian style.

https://www.abc.net.au/news/2013-10-...-court/5057348
megan is offline  
Old 11th Sep 2019, 00:30
  #8 (permalink)  
 
Join Date: Dec 2010
Location: Balikpapan, INDONESIA
Age: 67
Posts: 505
Originally Posted by megan View Post
French style? No, Australian style.

https://www.abc.net.au/news/2013-10-...-court/5057348
I'd need more detail of the incident before I could pass comment.
WingNut60 is offline  
Old 11th Sep 2019, 12:27
  #9 (permalink)  
 
Join Date: May 2008
Location: East Sussex
Posts: 437
Well, it could count as "on the job" experience, I suppose, especially for a "service" engineer, and it may be that he was hard up ........................
Icare9 is offline  
Old 11th Sep 2019, 13:06
  #10 (permalink)  
 
Join Date: Aug 2015
Location: In the air
Posts: 327
If I die when traveling away from home on work business, my beneficiaries are compensated much more than if I die on leave or at home. I don't think it makes any difference HOW I die while traveling on work business. Whether its a heart attach while shagging one of the supermodel girlfriends I have in every town, or tripping over a carpet in the office, I don't think it makes a difference. Well not financially, I know how I would prefer to go!
double_barrel is online now  
Old 11th Sep 2019, 13:14
  #11 (permalink)  
 
Join Date: Nov 2000
Location: Cambridge, England, EU
Posts: 3,417
This discussion reminds me of the salesman who put prostitutes on his expense claim.

On being challenged by his boss, his response was: "It says in my contract of employment that I get the same standard of living when travelling as I have at home. When I'm at home I get a shag every night, but you didn't let me take my wife on this trip."
Gertrude the Wombat is offline  
Old 11th Sep 2019, 23:21
  #12 (permalink)  
 
Join Date: Jul 2009
Location: W.London
Posts: 20
Originally Posted by Gertrude the Wombat View Post
This discussion reminds me of the salesman who put prostitutes on his expense claim.

On being challenged by his boss, his response was: "It says in my contract of employment that I get the same standard of living when travelling as I have at home. When I'm at home I get a shag every night, but you didn't let me take my wife on this trip."
So he'd not been married long (nor presumably for much longer)
150commuter is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread

Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.