Labor court guarantees settlement of R$ 55,000 for worker who suffered a traffic accident

labor agreement

While making a delivery to the company, the worker suffered a serious traffic accident, with an exposed fracture of the right femur

Boa Vista (RR) — The Labor Court — Amazonas and Roraima (TRT11), through the 3rd Labor Court of Boa Vista, reached an agreement in the amount of R$ 55,000, terminating a labor action involving an accident at work with a claim for compensation for property damage, moral and aesthetic. Held on February 1, 2023, the hearing that resulted in conciliation between the parties was conducted by labor judge André Fernando dos Anjos Cruz.

Hired in October 2017 to work as a storekeeper in a retail trade, the worker claims that his workday was eight hours a day, from Monday to Saturday, with a two-hour break for lunch and six hours a day on Sundays, no break.

In the lawsuit, he argues that, after office hours, he was required to work three hours of overtime daily as a watchman. The worker also alleges that, in addition to working as a storekeeper and watchman, he also provided the service of a motoboy, using his own vehicle to perform personal services for his employers.

The accident

When delivering to the company, in December 2019, the worker was in a serious traffic accident, with an exposed fracture of the right femur. Due to the accident, he had to leave work and was receiving, from the National Institute of Social Security (INSS), the benefit for incapacity for work.

At the age of 25, the employee is unable to perform his work activities, as he has sequelae from the accident: his right leg is 1.1 cm shorter than the left, which makes it difficult to move around and causes severe pain in the hip and right leg . As a consequence, he needs periodic medical follow-up with an orthopedist, physiotherapist and psychologist.

The worker filed a lawsuit in the Labor Court, in November 2022, claiming the payment of overtime, accumulation of functions, premium for dangerous work, among other requests. The initial value of the indemnification process for damages suffered as a result of the accident exceeded R$700,000.

end of conflict

During a hearing held by the 3rd Labor Court of Boa Vista, less than three months after the start of the action, the company and the worker reached an agreement ending the conflict. The retail trade will pay R$55,000 to the worker, R$20,000 of which in February, and the remaining R$35,000 in seven fixed monthly installments, ending in September 2023. The employment contract remains suspended. When the employee is able, he will return to the company’s staff.

The minutes of the hearing provide for an advance request for immediate execution in case of non-compliance with the agreement, with the restriction of an amount or assets to guarantee the payment of the labor claim. It also provides for a fine of 10% on the value of the installment for each working day of delay up to a limit of 10 days. Held in virtual format, the conciliation hearing had the participation of the company’s and the worker’s lawyers, and the conciliator server of the 3rd VTBV, João Paulo Simão.

*With advisory information

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