Workplace accidents in home offices: unusual cases reach the courts and require companies' attention

The Labor Court recently received an unusual lawsuit: an employee working from home sued the company alleging that he had an accident while working with his pet dog. Although it may seem like an unusual case, the court denied the employee's claim for compensation.

According to labor lawyer Marcello Burle, a partner at Martorelli Advogados, the court's decision was "correct and in full compliance with labor law," he argued. Burle further argued that, in his justification, the reporting judge noted in the ruling that "the plaintiff's attempt to attribute liability to the defendant for an accident caused by her own dog, which occurred in a domestic environment, is truly unusual and devoid of any reasonable legal basis."

Even with the end of the COVID-19 pandemic, working from home is still a reality for thousands of workers, and consequently, lawsuits involving this type of work are also ongoing. "The Labor Court receives, relatively frequently, lawsuits demanding that companies be ordered to pay moral damages for alleged workplace accidents that occurred at the employee's home during the home office regime," explains Burle. "In theory, for this compensation to be recognized, there must be a direct relationship between the professional activity and the accident," he adds.

According to the lawyer, even if the work is done from home, the Labor Court already has numerous precedents for recognizing incidents within the employee's home as workplace accidents. "It's also essential to emphasize that, in home office or hybrid work arrangements, the employee's home is considered an extension of their workplace," explains the expert.

A common question for companies and employees working from home concerns the break time during the workday, that is, in this case, lunchtime. Is it possible to claim compensation for workplace accidents if the employee prepares their own meal at home? What if they decide to eat out? According to Burle, "regarding accidents occurring during the lunch break, it is important to clarify that, during this period (intra-workday break), the employee is not at the company's disposal," he explains. "Therefore, the possibility of the company being held liable in such cases is quite remote."

For companies and employees who still opt for a home office arrangement, whether permanent or hybrid, attorney Marcello Burle suggests some tips to avoid mishaps in employment relationships. "Among the main recommendations are providing appropriate ergonomic equipment, promoting properly formalized training, and continuously monitoring employees' working conditions," concludes the labor law specialist at Martorelli Advogados.

Source: Opinião RH