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LEGAL CONSEQUENCES PER WORK ACCIDENT
Failure to comply with Regulatory Standards (NR's) can cause numerous problems for both employer and employee. Consequence of non-compliance with NR's for the employer Administrative responsibility: ● Fines imposed by the MTE (Ministry of Labor); ● Embargo of the work or interdiction of the establishment, machines or equipment.Responsibility for Labor: ● Payment of unhealthy and dangerous work additionals; ● Provisional stability for injured; ● Public civil action; ● Conduct Adjustment Term (TAC). Social Security Liability: ● Accidental Regression Action (Art. 120 of Law No. 8,213 / 91). Civil Liability: In case of personal injury, the reflections of the occupational accident / illness in the area healthy civil (art. 949 CC): ● Medical treatment expenses; ● Loss of profits until medical discharge; ● Aesthetic damage; ● Lifetime pension, in case of death of the worker, due to the exercise of the work: emergent damages; moral damages and monthly pension. Tax Responsibility: ● Increase in the rate of SAT / FAP (Occupational Accident Insurance / Accident Prevention Factor). Criminal Responsibility: ● Criminal offense: Failure to comply with safety rules without any harmful result or risk to the worker (Art. 19, §2 of Law 8,213 / 91); ● Dangerous crime: Failure to comply with safety rules at work that cause a risk or danger to the life or health of the worker (Art. 132, Penal Code); ● Bodily injury: Failure to comply with safety rules at work resulting in physical injury or bodily injury to the worker (Art. 129, §6, Penal Code); ● Homicide: Failure to comply with safety regulations at work that cause the death of the worker. (Art. 121, Penal Code). Consequence of non-compliance with the NRs for the employee Contrary to what many think, the employee also has responsibilities. Employees must ensure safety at work and the physical integrity of themselves and other employees. The penalty applied to the employee is provided for in article 158 of the CLT: Art. 158 - It is up to the employees: (...) Sole paragraph - It constitutes an act the employee's wrongful refusal: a) to observe the instructions issued by the employer in the form of item II of the previous article; b) the use of personal protective equipment provided by the company. In addition, the employer's guidance on safety and health at work must be done through a service order, and the employee who fails to comply with it may suffer punishments, such as dismissal for cause, as the case may be. Ufa! How about avoiding all this? Keep your employees up to date with safety training at work.
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