Labor Court orders company to pay R$500,000 to employee injured by colleague

The 11th Panel of the Regional Labor Court of the 4th Region (TRT4) ordered an automotive company to pay almost R$500,000 in compensation to an employee injured by a co-worker. The decision was by majority. According to the process, the colleague passed a knife across the palm of the plaintiff’s right hand, the cut hit the nerves. The statements indicated that the intention was “just to scare the painter, as a joke”.

The court considered that the employer’s responsibility for damage caused by one employee to another is objective, independent of fault or intent, informed TRT4, in a note about the case. The decision reformed the sentence of the 6th Labor Court of Caxias do Sul. As a result, the painter will receive compensation for material, aesthetic and moral damages, totaling R$ 490 thousand.

According to the court, the medical expert concluded that the loss of function in the employee’s affected hand was severe, corresponding to 52.5% of the DPVAT table, making him unable to use it for force activities. Furthermore, the experts pointed out that opening the hand is detrimental to hygiene and care habits.

The first instance determined that the accident had been an isolated third-party act, removing the company’s responsibility. At the time, the judge stated that the use of stilettos was repressed by the employer. The employee who was injured appealed to the TRT4, which established the company’s indirect liability.

In the vote followed by the majority of the court, judge Rosiul de Freitas Azambuja cited articles 932 and 933 of the Civil Code, which provide that the employer is responsible for his employees in the performance of their work, even if there is no fault on their part. The company appealed to the Superior Labor Court (TST).