Lawzana Lawzana Logo

Best Construction Accident Lawyers in Osasco

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

PÉRISSON ANDRADE E MASSARO ADVOGADOS
Office in São Paulo, serves Osasco, Brazil
Consultation Free · 15 minutes
Hourly rate R$ 1,200

Founded in 2008
10 people in their team
Portuguese
English
Italian
Accidents & Injuries Construction Accident Animal & Dog Injury +23 more
Périsson Andrade e Massaro Advogados é um escritório full service de São Paulo, fundado há 18 anos, que atua em todo o Brasil e no exterior. Assessoramos empresas e pessoas físicas com o mesmo padrão de qualidade, do microempresário à grande corporação. Os sócios Périsson Andrade e...
AS SEEN ON

When a construction-site injury in Osasco calls for legal advice

A serious fall, equipment injury, collapse, or work-related illness can raise separate questions about medical care, INSS benefits, and compensation. In Osasco, an employment-related claim will generally fall within the jurisdiction of the Regional Labor Court for the 2nd Region, but the correct court and responsible parties depend on the facts.

Construction projects may involve a direct employer, subcontractors, and other companies on the same site. A lawyer can help identify who controlled the work, preserve evidence, and assess whether the claim concerns social security benefits, employer liability, or both.

Situations where a lawyer may be useful

  • You fell from scaffolding or a roof on an Osasco job site, and the employer disputes how the fall happened or who was responsible for safety measures.
  • A subcontractor employed you, but a main contractor or another company controlled the site, equipment, or work schedule. Identifying potentially responsible parties can require contracts, site records, and witness accounts.
  • Your employer has not issued a Work Accident Report, known as a CAT, after an injury or work-related illness. A lawyer can advise on reporting and evidence without treating the CAT as proof of liability by itself.
  • You work without formal registration or through an intermediary, and the company denies an employment relationship or refuses to assist with an INSS claim.
  • You have lasting injuries, medical expenses, or reduced ability to work, and need to assess compensation as well as any INSS benefit.
  • You were dismissed after receiving an accident-related benefit or while recovering. A lawyer can check whether employment-stability rules or other protections apply to your circumstances.

Brazilian rules relevant to construction-site injuries

Consolidation of Labor Laws (CLT), Decree-Law No. 5,452 of 1 May 1943. The CLT governs employment duties and workplace protections. Its rules operate alongside occupational-safety regulations and the facts of the particular job.

Law No. 8,213 of 24 July 1991. This law governs social security benefits and work accidents, including the CAT reporting framework. In general, the employer must report an accident by the next business day, or immediately in the event of death; other listed parties may report if the employer fails to do so.

Regulatory Standard NR-18, Construction Industry Safety and Health. NR-18 sets safety requirements for construction work. Its revised text, approved by Ministry of Economy Ordinance No. 3,733 of 10 February 2020, took effect on 3 January 2022.

These rules do not decide every compensation claim automatically. Liability, benefit eligibility, and the proper court depend on evidence, employment status, and the connection between the injury and work.

Frequently asked questions

What counts as a construction-site injury?

It can include a sudden accident, such as a fall or machinery injury, and an illness linked to work conditions. The medical evidence and connection to the work are important when seeking benefits or compensation.

Do I need to be formally registered to seek help?

Not necessarily. A lawyer can assess whether the facts support recognition of an employment relationship or another legal route, even if the company did not formally register you.

What should I do if my employer does not issue a CAT?

The employer's failure to report does not automatically prevent a claim. Under Law No. 8,213/1991, other specified parties, including the worker, a union, a treating doctor, or a public authority, may report the accident.

Does filing a CAT prove that the employer is liable?

No. The CAT records an alleged work accident for reporting purposes; it does not by itself establish fault or entitlement to compensation. Medical records, witness statements, safety documents, and other evidence may also matter.

Can I claim INSS benefits and compensation from a company?

They are different legal issues and may be pursued in parallel when the facts support both. Eligibility for an INSS benefit does not automatically prove a company's liability, and compensation does not replace the benefits assessment.

Who pays while I am unable to work?

For an insured employee, the employer generally pays the first 15 days of certified absence, with INSS benefits potentially payable from the 16th day if eligibility requirements are met. The rules can differ for other categories of worker, so confirm your status and benefit with INSS.

What if I was hired by a subcontractor?

The subcontractor may be your direct employer, but other companies' roles may also need investigation. Responsibility depends on the contracts, control of the site, safety duties, and evidence of what caused the injury.

Can I be dismissed after a work accident?

Some workers who receive an accident-related sickness benefit may have a 12-month employment-stability period after the benefit ends, under Law No. 8,213/1991. The rule has conditions, and disputes can arise over benefit type and the work-related nature of the injury.

Is there a deadline to bring a labor claim?

For many employment claims, the general limit is two years after the employment contract ends, with claims ordinarily reaching back five years. Injury-compensation limitation questions can depend on the claim and its circumstances, so seek advice promptly.

How long does a case take in Osasco?

There is no reliable fixed timeline. Duration depends on the court's schedule, whether the parties settle, and whether medical or technical evidence is needed.

How much does a construction-injury lawyer cost?

Fees depend on the lawyer's written agreement and the work involved. Ask about consultation charges, payment stages, any success-based fee, and possible court-awarded attorney fees before hiring.

Where would an employment-related claim be filed?

Employment claims concerning work in Osasco will generally be handled within the Regional Labor Court for the 2nd Region, subject to venue rules and the facts. An INSS benefits dispute may follow a different administrative or court route.

Official resources in Osasco and Brazil

  • Regional Labor Court for the 2nd Region (TRT-2): Handles labor-court proceedings in its jurisdiction, including employment disputes arising from work in Osasco.
  • National Social Security Institute (INSS): Receives and assesses applications for social security benefits, including benefits related to work incapacity.
  • Ministry of Labor and Employment (MTE): Oversees federal labor inspection and publishes occupational-safety rules, including NR-18.

Steps to find and hire a lawyer

  1. Get urgent medical care and preserve records. Keep medical reports, prescriptions, receipts, photographs, and any documents describing work restrictions. Do this as soon as possible.
  2. Write down what happened. Record the date, location in Osasco, task, equipment involved, people present, and names of employers or contractors. Make a copy for your records within the first few days.
  3. Request work and accident documents. Ask for a copy of the CAT, employment records, safety instructions, and relevant communications. Keep proof of your requests and do not alter original evidence.
  4. Check the lawyer's credentials and relevant experience. Confirm the lawyer's active registration with the Brazilian Bar Association and ask about experience with workplace injuries, INSS claims, and labor-court cases. Allow several days to compare candidates.
  5. Discuss the case and fees before signing. Ask which claims may apply, which court or agency may handle them, what evidence is missing, and how fees and expenses are calculated. Request the terms in writing.
  6. Agree on an evidence and filing plan. Confirm who will request records, arrange any expert assessment, and track deadlines. Move promptly because legal time limits can apply even while treatment continues.

Lawzana helps you find the best lawyers and law firms in Osasco through our directory of legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Construction Accident, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Osasco, Brazil — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.