Reparação ao trabalhador nos acidentes de trabalho : aspectos da responsabilidade civil do empregador no ordenamento jurídico brasileiro.

Abstract

In Brazil, employer accountability in workplace accidents emerged with the creation of the Workplace Accident Law in 1919. This legislation established the employer's obligation to adopt measures for preventing accidents and occupational diseases, as well as ensuring medical assistance and compensation for injured workers. Over time, Brazilian legislation evolved, becoming more comprehensive, establishing safety and health standards at work, creating regulatory bodies, and regulating the employer's responsibility and obligations in workplace accidents. One of these obligations is for the employer to take all possible measures to prevent workplace accidents. However, if a workplace accident occurs, there may arise the duty to compensate the worker for damages or losses resulting from the accident. This compensation should be sought through a civil liability action against the employer. This research seeks to understand the current employer's responsibility towards the worker. Understanding the obligations that the employer assumed when taking on the risk of economic activity is of paramount importance, considering that many workers are in vulnerable situations,with low education levels and earning just enough for subsistence. On the other hand, it is also necessary to investigate the circumstances in which the employer should not be held responsible in case of a workplace accident. In summary, understanding the need to ensure dignified and safe working conditions for workers can lead to a reduction in workplace accidents. Furthermore, the correct assessment of employer responsibility can be an incentive for the creation of an institutional culture with more robust and effective workplace safety policies.