Best Construction Accident Lawyers in Palhoca

About Construction Accident Law in Palhoca, Brazil

Construction accident law in Palhoca follows Brazilian federal rules, Santa Catarina state enforcement practices, and local municipal standards. Most worker safety obligations come from the federal Consolidation of Labor Laws and the Regulatory Standards known as Normas Regulamentadoras. In construction, NR-18 sets industry-specific safety rules while NR-1 requires a Risk Management Program known as PGR, which replaced the older PCMAT approach. Other key standards include NR-6 on personal protective equipment, NR-7 on occupational health monitoring, NR-10 on electrical safety, NR-12 on machinery, NR-33 on confined spaces, and NR-35 on work at height.

When an accident is work-related, the employer must report it through a CAT - Comunicação de Acidente de Trabalho - to social security. If the injury prevents the worker from working for more than 15 days, the worker may receive temporary disability benefits of work-related type from the INSS. After returning, the worker typically has 12 months of job stability. Separate from social security benefits, the worker may claim compensation in labor or civil courts for material damages, moral damages, aesthetic damages, lost wages, medical expenses, and a pension if there is permanent reduction of work capacity.

In Palhoca and the Greater Florianopolis area, construction projects must also comply with local building permits and codes, and project professionals must be legally registered with CREA-SC or CAU-SC. Noncompliance can lead to inspections, fines, and liability if accidents occur.

Why You May Need a Lawyer

You may need a lawyer if you suffered an injury on a construction site and need help securing INSS benefits, pay while off work, or compensation for your losses. Legal help is especially important if the employer refuses to issue the CAT, disputes the work-related nature of the injury, or pressures you to sign documents or return to work before you are fit.

Workers who are outsourced, subcontracted, or informally hired often face complex questions about who is responsible and who must pay compensation. A lawyer can identify potentially responsible companies, including the general contractor or the project owner, and can coordinate the correct forum for filing claims.

If a family member died in a construction accident, legal counsel can guide you through death benefits at INSS, any collective life insurance benefits from union agreements, and civil claims for wrongful death damages.

Employers, contractors, and property owners also seek legal advice after an accident to handle investigations, compliance with safety standards, defense of claims, and negotiations with prosecutors or inspectors.

Local Laws Overview

Federal framework. The main sources are the CLT and the Normas Regulamentadoras issued by the Ministry of Labor. For construction, NR-18 is central and requires planning, training, collective protections like guardrails and scaffolding, and integration with the PGR from NR-1. NR-35 governs work at height, NR-33 covers confined spaces, NR-10 electricity, NR-12 machinery, NR-6 PPE, and NR-7 medical surveillance.

Accident reporting. The employer must file the CAT by the next business day after the accident, and immediately in case of death. If the employer fails to do so, the worker, a family member, a doctor, the union, or public authorities can file the CAT. Reporting is done through social security systems and eSocial events.

Social security benefits. If there is temporary incapacity beyond 15 days, INSS pays Auxílio por Incapacidade Temporária Acidentário, historically known as auxílio-doença acidentário. The employer pays the first 15 days. FGTS deposits must continue during this work-related leave. If incapacity becomes permanent, other benefits may apply, such as permanent disability retirement or auxílio-acidente for sequelae that reduce capacity.

Job stability. After returning from a work-related temporary disability benefit, the worker usually has 12 months of job stability under Law 8.213 article 118, with limited exceptions recognized by courts.

Civil and labor liability. Compensation claims are available under the Civil Code for unlawful acts and risk-based liability in inherently risky activities. In labor courts, fault-based or risk-based liability may apply depending on the case facts and jurisprudence. General contractors and clients may be held subsidiarily or jointly responsible in outsourcing chains, depending on proven fault or risk allocation.

Deadlines. Labor claims typically must be filed within two years of the end of the employment relationship, with recovery limited to the last five years. Civil claims for damages from accidents usually have a three-year limitation period. Deadlines can vary based on the claim type and should be assessed by a licensed lawyer in Santa Catarina.

Municipal rules. In Palhoca, construction work requires building permits and compliance with the municipal building code and site safety provisions overseen by local authorities. Noncompliance can aggravate liability if an accident occurs. Fire safety is enforced by the Corpo de Bombeiros Militar de Santa Catarina, and health surveillance may involve the regional CEREST unit for worker health.

Frequently Asked Questions

What should I do right after a construction accident in Palhoca

Seek medical care immediately and keep all records. Inform your supervisor as soon as possible. Ask the employer to issue the CAT. If the employer will not file it, you or your family, doctor, or union can file it. Preserve evidence by taking photos of the location, equipment, and PPE, and identify witnesses. Do not sign any documents or settlements before getting legal advice.

Who is responsible for filing the CAT and what is the deadline

The employer must file the CAT by the next business day after the accident and immediately if there is a death. If the employer refuses or delays, the worker, a family member, a union, a doctor, or public authorities can file the CAT. Late filing can harm benefit processing and may lead to fines for the employer.

Will I get paid while I am off work due to the accident

The employer pays your wages for the first 15 days of leave. From day 16, if you are medically unable to work, you can receive a work-related temporary disability benefit from INSS. During this period, the employer must continue depositing FGTS for you because it is a work-related leave.

Do I have job stability after a work accident

Yes. If you received a work-related temporary disability benefit and return to your job, you are typically entitled to 12 months of job stability. Dismissal during this period is generally prohibited except for serious misconduct or other legally accepted grounds.

Does a commuting accident count as a work accident

Accidents on the way to or from work can be recognized as work-related for social security purposes, which affects benefits and FGTS deposits. Whether job stability and employer liability apply depends on the circumstances and current jurisprudence. A lawyer should review the details of your case.

Can I sue the contractor or the property owner if I work for a subcontractor

Possibly. Depending on fault, risk, and the structure of the contracting chain, general contractors and project owners can face subsidiary or joint liability. Courts analyze whether safety duties were fulfilled, whether risks were properly managed, and whether there was negligence or elevated risk inherent to the activity.

What compensation can I claim besides INSS benefits

You may claim medical costs not covered elsewhere, lost wages and loss of future earning capacity, moral damages, aesthetic damages for visible scarring or disfigurement, and a lifetime pension when there is partial or total permanent incapacity. Families in fatal cases may claim wrongful death damages and pensions.

What safety measures must my employer provide on construction sites

Employers must implement a PGR with specific NR-18 controls, provide adequate PPE, ensure collective protections like guardrails, nets, safe scaffolds, and fall protection, deliver training such as NR-35 for work at height, issue permits for confined spaces, perform medical exams, and maintain safe electrical and machinery conditions. Documentation must be up to date and available.

What if I am an informal worker or paid cash without a contract

You still have rights. If there is an employment relationship in fact, the company can be held responsible despite the lack of formal registration. A lawyer can help prove the employment link through witnesses, messages, payment records, site access logs, and tool or PPE issuance records.

Where will my case be heard in Palhoca

Work accident disputes involving employment relationships are typically handled in the Labor Courts within the 12th Regional Labor Court jurisdiction, which covers Santa Catarina and serves the Greater Florianopolis area. Civil compensation suits can also be filed in state civil courts depending on the parties and claims. Your lawyer will choose the most appropriate forum.

Additional Resources

INSS - Instituto Nacional do Seguro Social. Handles work-related disability benefits, accident reporting records, and pensions, including auxílio por incapacidade temporária acidentário, auxílio-acidente, and pensão por morte.

Ministério Público do Trabalho em Santa Catarina. The Labor Prosecutor can investigate serious safety violations and accidents, especially when they affect groups of workers.

Superintendência Regional do Trabalho em Santa Catarina. Labor inspectors oversee compliance with NR-18, NR-35, and other safety standards, and can impose fines for violations.

TRT da 12ª Região - Justiça do Trabalho em Santa Catarina. Regional Labor Court that hears labor disputes, including accident-related claims from the Greater Florianopolis region.

CEREST Regional da Grande Florianópolis. Specialized worker health center that supports surveillance and prevention of occupational injuries and diseases.

Corpo de Bombeiros Militar de Santa Catarina. Oversees fire and emergency safety measures at worksites and responds to accident emergencies.

CREA-SC and CAU-SC. Professional councils that regulate engineers and architects responsible for technical oversight and safety compliance in construction projects.

Secretaria Municipal de Urbanismo de Palhoca. Municipal authority for building permits, code compliance, and site authorization.

Sindicatos locais como o Sintracon da Grande Florianópolis. Worker unions that may offer assistance, guidance, and collective insurance benefits for construction workers.

OAB Santa Catarina. The state bar that can help you locate qualified labor and civil liability lawyers experienced in construction accident cases.

Next Steps

Get immediate medical attention and keep all records, prescriptions, and exam results. Ask for a medical report describing the injury and work restrictions.

Notify your employer and request the CAT. If the employer refuses, file the CAT yourself or through a union, doctor, or family member. Keep the protocol proof.

Preserve evidence. Take photos of the site, equipment, and PPE, note dates and times, and secure contact details of witnesses. Save payslips, messages, and any training certificates or safety documents you received.

Consult a local lawyer in Santa Catarina who handles construction accident cases. Bring medical records, CAT, contracts or proof of work, and any evidence you collected. Ask about INSS benefits, job stability, and potential compensation claims.

Apply for INSS benefits if you are unable to work. Follow medical guidance and attend any INSS or court medical examinations.

Avoid signing settlements or resignation documents without legal review. Understand the tax and benefit implications of any payment proposal.

Track deadlines. Labor claims usually have a two-year limit from the end of employment and a five-year reachback. Civil claims often have a three-year limit for damages. Your lawyer will confirm which deadlines apply to your case.

This guide provides general information. For advice on your specific situation in Palhoca, consult a licensed attorney in Santa Catarina.