The Third Panel of the Superior Labor Court (TST) recognized the right to compensation for a child who was pregnant when his father suffered an accident at work that resulted in serious physical and neurological consequences.
In his vote, the rapporteur, minister Alberto Balazeiro, highlighted that, although a person’s civil personality begins with birth alive, the principle of human dignity allows civil reparation when a previous violation takes effect after birth, as occurs in this case.
The labor action was filed by the child’s mother against the metalworks and the evangelical church, where the worker worked as an assembler of metal structures.
During the work, the roof gave way and he fell from a height of approximately ten meters. After remaining hospitalized for more than two months, the employee was left with physical and neurological sequelae as a result of the trauma. He was 20 years old. The child’s mother was in her first month of pregnancy.
According to the expert report attached to the records, the man was unable to carry out simple daily activities, such as taking care of his son.
The Regional Labor Court of the 4th Region had denied the claim for compensation, arguing that “the damage was not demonstrated, as the intimate emotional bond between the victim and the perpetrator at the time of the accident was not proven, since the claimant had not even been born ” and, therefore, would not have undergone changes to his routine.
This content was originally published in TST orders compensation for child for accident that left father disabled on the CNN Brasil website.
Source: CNN Brasil
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