Under art. 19 of Law No. 8213/91, the accident is the one suffered by the employee in the performance of work or in the course of it (return home), and assimilated to the same occupational disease and occupational disease.
In practice, occurring an accident at work the employer has the obligation and do CAT - Work Accident Report and, if the employee stays away for medical advice more than 15 days, will be sent to the INSS to receive sickness Accident, which will guarantee the same stability in employment 12 months after their return to work, or may not released in that period.
Also, when the accident at work or occupational diseases (eg RSI) is at the employer's fault, it is certain that the employee can seek compensation for material damage (due to the reduction of work capacity), moral damages and to even cosmetic damage in the Labor Court.
So whenever an employee suffering an accident at work or is the victim of an occupational disease, you should consult an employment lawyer to check the exact rights that you have, given that prevails the understanding that even if the accident occurs in the course of or the trial period, the employee will be entitled to stability.
Source : gocadvogados
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