Judge denies compensation claim to designer who fell while working at home office

The 1st Occupational Accident Court of São Paulo denied a claim for compensation to an employee who fell while working remotely. The applicant requested the “granting of accident benefit and payment of outstanding amounts” after falling from his height and injuring his right wrist. The man, who worked as a graphic designer in a home office, argued that the accident partially reduced his ability to work.

In the decision, judge Rafael de Carvalho Sestaro stated that it is up to the employer to implement prevention measures, however, accident legislation “does not protect the activity carried out in a home office”. The decision was signed on the 14th.

“Firstly, because it is not equated to external work, and, secondly, because it is carried out outside the employer’s premises, at the employee’s home, which is an environment in which the company does not have the autonomy to organize and control all existing factors with the purpose of preventing, or at least reducing, the occurrence of work-related accidents”, highlighted Sestaro in the ruling.

“For the recognition of an accident at work, the agent must be working for the employer or working as a special insured person, with the need for a causal link both in terms of the causes and the effects of the accident”, pointed out the judge.

The judge reinforced that “the way in which the author performs his duties removes the company’s responsibility for the organization and control of the work environment”. Furthermore, the judge considered that working from home also eliminates the need for “INSS to compensate the insured with the accident benefit, due to the lack of configuration of the causal link”.