Service provider is responsible for fatal accident with electrician

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If the accident occurred while carrying out an activity carried out for the benefit of the employer, which is considered risky, the company is responsible for compensating damages. reproductionThus, the st Panel of the Superior Labor Court recognized the civil liability of Eletro Santa Clara Ltda., of Patos de Minas (MG), and Cemig Distribuição S/A, of Belo Horizonte (MG), for damages resulting from an accident involving work suffered by an electrician employee, which resulted in his death. The electrician, employed by Eletro Santa Clara, provided services to Cemig in solving general consumer problems in the urban and rural areas of Patrocínio (MG), carrying out repairs and emergency services in the electrical system. The journey was made on the company's motorcycle. The accident occurred on the way to a service in the Cruzeiro da Fortaleza and Guimarânia region, when he crossed into the opposite lane and collided with a truck. In the labor complaint, the widow and minor daughters maintained that he was responsible for their support and that the three of them, in addition to no longer having the company of their partner and father, were unable to support themselves. Exclusive fault The court of the Patrocínio Labor Court (MG) rejected the compensation, understanding that the accident occurred due to the exclusive fault of the employee, according to the incident report.

Although recognizing that it was a Greece Phone Number typical work accident, the court considered that the companies had not committed an illegal act or contributed to the fact. The Regional Labor Court of the rd Region (MG) upheld the decision. Risky activity The rapporteur in the TST of the appeal to review the employee's family, Minister Hugo Scheuermann, highlighted that, in this case, objective liability applies, as the accident occurred during the exercise of an activity carried out for the benefit of the employer, notably considered to be of risk. "Employees who ride motorcycles while carrying out their activities are exposed to a greater risk of being victims of a traffic accident, compared to other members of the community", he stated. Regarding the hypothesis of the victim's exclusive fault, the minister explained that this occurs when the accident is solely caused by the employee's conduct, without any relation to the risk inherent to the activities carried out. In the case in question, the causal link was not excluded, as the victim's culpable act is linked to the risk of the activity for which he was hired.



Unanimously, the Panel recognized the employer's civil liability and ordered the return of the case to the Labor Court, so that it could examine the request for payment of compensation for moral and material damages. With information from the press office of the Superior Labor Court. Set of TST /, which were considered null. Thus, on May , , Joint Act / of the TST was published, with the purpose of adapting the provisions considered null, which now expressly allows the replacement of judicial guarantee insurance in the knowledge phases , appeals and labor enforcement. Therefore, in this context, requests to replace guarantees already given by the borrower in labor processes can no longer be rejected, allowing the full continuity of its activities. Given the current economic scenario and the impacts of the Covid- pandemic on business activities as a whole, the tendency is for the demand for judicial guarantee insurance to grow a lot, including in non-labor spheres, as it is a way of mitigating the effects already caused and those that will still occur as a result of the current moment experienced.