Best Work Injury Lawyers in Palhoca

About Work Injury Law in Palhoca, Brazil

Work injury law in Palhoca is governed primarily by Brazilian federal legislation, especially the Consolidation of Labor Laws, known as the CLT, and Social Security Law 8.213 of 1991. These rules apply across Brazil and are enforced locally through institutions in Santa Catarina. A work injury, called acidente de trabalho, includes accidents that happen on the job, occupational diseases caused or aggravated by work, and in most cases commuting accidents between home and work. If an incident is work-related, the employer must issue a Comunicação de Acidente de Trabalho, known as CAT, so the National Social Security Institute, known as INSS, can evaluate benefits. Workers may be entitled to medical leave benefits, rehabilitation, job reinstatement protections, and in some cases compensation for moral and material damages before the Labor Courts. Palhoca residents usually deal with the Vara do Trabalho in the region and the 12th Regional Labor Court, known as TRT-12, for disputes.

Why You May Need a Lawyer

Many work injury cases look simple at first but become complex. You may need a lawyer if the employer refuses to issue the CAT or disputes that the injury is work-related, if INSS denies or ends your benefit, if you suffered a serious injury or permanent impairment, or if there are disagreements about the medical nexus between your work and the injury or disease. A lawyer helps collect and preserve evidence, request independent medical evaluations, and frame claims for different remedies, including job reinstatement protections, back pay, and compensation for moral and esthetic damages. Legal help is especially important when there are unsafe conditions, lack of training or personal protective equipment, harassment or retaliation after the accident, third-party responsibility on a client or contractor site, or when a settlement is proposed and you need to understand its real value and consequences. A local lawyer understands Santa Catarina procedures, the Labor Courts, and how to coordinate an INSS claim with a labor claim for damages.

Local Laws Overview

Definition of work accident and diseases - Brazilian law treats as a work accident any event that causes injury or functional disturbance during work and that leads to death, loss or reduction of capacity. Occupational diseases caused by exposure at work and diseases aggravated by work are also covered. As a rule, commuting accidents are treated as work accidents for Social Security purposes.

Immediate reporting and CAT - The employer must issue the CAT to INSS by the next business day after the incident and immediately in case of death. If the employer does not file, the worker, a family member, a union, a doctor, or public authorities can file. Failure to issue the CAT can lead to fines from the labor inspection authority. Many employers submit CAT through eSocial event S-2210.

Sick leave, pay, and FGTS - If you are medically unable to work, the employer pays your salary for the first 15 days of leave. From day 16, INSS pays a temporary disability benefit of occupational nature, historically known as B91. During this benefit, the employer must continue to make FGTS deposits each month. Medical reviews by INSS can be required to maintain or end the benefit.

Job stability after return - Workers who received an occupational temporary disability benefit have job stability for 12 months after returning to work, under article 118 of Law 8.213 of 1991. This stability generally applies regardless of fault and can cover commuting accidents recognized as occupational by INSS. If the worker is dismissed without just cause during this period, reinstatement or an indemnity in lieu of reinstatement may be due.

Permanent impacts and benefits - If the injury leaves permanent sequelae that reduce work capacity, an accident aid known as auxílio-acidente may be due after return to work. In cases of total and permanent incapacity, a permanent disability retirement benefit can be granted.

Employer civil liability for damages - INSS benefits do not prevent a separate claim before the Labor Court for material damages, such as loss of earnings and medical costs, and moral and esthetic damages. Liability is usually based on fault, such as failing to provide training or personal protective equipment, but can be objective for activities that involve abnormal risk. Evidence includes medical records, witness statements, accident reports, maintenance logs, training records, PPE deliveries, timecards, photos, and videos.

Occupational health and safety duties - Employers must comply with regulatory standards known as NRs, including NR-01 for the Occupational Risk Management Program known as PGR, NR-07 for the Occupational Health Medical Control Program known as PCMSO, NR-06 on personal protective equipment, NR-17 on ergonomics, NR-04 on SESMT technical safety staff, and NR-05 on CIPA accident prevention committees. Noncompliance can indicate negligence and lead to fines and civil liability.

Documents and nexus - The PPP known as Perfil Profissiográfico Previdenciário records the worker’s exposure history and is important in proving occupational disease. INSS may apply the NTEP known as Nexo Técnico Epidemiológico Previdenciário to link illnesses statistically to certain job classifications. This can shift the burden to the employer to disprove the causal connection.

Deadlines - For labor claims related to employment, the constitutional limitation applies: you must file within 2 years after the end of employment and can claim amounts for the last 5 years. For ongoing employment, you can claim amounts for the last 5 years. For Social Security benefits, the right to request a new benefit is generally not time-barred, but unpaid installments are typically limited to the last 5 years. Different timelines can apply to benefit reviews.

Local forums and bodies - Disputes over employment rights and accident damages generally go to the Labor Courts of Santa Catarina, TRT-12, with a local Vara do Trabalho serving Palhoca. Benefit disputes with INSS go to the Federal Justice or are handled administratively within INSS.

Frequently Asked Questions

What counts as a work injury in Palhoca?

A work injury includes accidents that happen while performing your job, occupational diseases caused by exposure or repetitive tasks, and in most cases accidents on the way to or from work. The key is whether there is a connection between your work and the harm suffered.

What should I do immediately after a work accident?

Seek medical care right away and tell the provider it was work-related. Inform your employer as soon as possible. Ask for the CAT to be filed. Keep copies of medical records, doctor notes, exam results, and any photos or videos. Note witnesses and preserve any defective equipment or PPE.

Who is responsible for issuing the CAT and what is the deadline?

The employer must issue the CAT by the next business day after the accident, or immediately in case of death. If the employer does not do it, you, a relative, a union, a doctor, or public authorities can file. Late filing can result in fines for the employer, and delays can harm your benefit claim.

Who pays my salary while I am off work?

The employer pays your salary for the first 15 days of medical leave. From day 16, INSS pays the temporary disability benefit of occupational nature if recognized. During this period, the employer must keep depositing FGTS monthly.

Do commuting accidents count as work accidents?

Yes, commuting accidents are generally treated as work accidents for Social Security purposes. If INSS recognizes the commuting accident and grants an occupational temporary disability benefit, the 12-month job stability after return usually applies.

Do I have job stability after a work injury?

Yes. If you received an occupational temporary disability benefit from INSS and return to work, you are typically entitled to 12 months of job stability. If dismissed without just cause during this period, you can seek reinstatement or compensation.

Can I sue my employer for damages even if INSS pays my benefit?

Yes. INSS benefits are separate from civil liability. You may claim material damages such as lost earnings and treatment costs, moral damages for pain and suffering, and esthetic damages for visible permanent changes. Proof of fault is usually required, except in activities with objective risk.

What if my employer refuses to file the CAT or denies that it was work-related?

You can file the CAT yourself or through a union, doctor, or public authority. Gather evidence like witness statements, photos, and medical reports. A lawyer can help build the causal nexus and challenge the employer’s position before INSS and the courts.

How long do I have to file a labor claim?

You generally have up to 2 years after the end of employment to file in the Labor Court, and you can claim amounts related to the last 5 years. If you are still employed, you can claim the last 5 years. Different time rules apply to Social Security arrears and benefit reviews.

What evidence helps in an occupational disease case?

Medical records showing diagnosis and evolution, exams and imaging, occupational health records from PCMSO, the PPP exposure history, training and PPE delivery records, timecards, ergonomic analyses, and witness statements. Expert medical evaluation is often decisive.

Additional Resources

INSS - National Social Security Institute. You can request and track benefits such as occupational temporary disability and accident aid. There are service points in the Greater Florianopolis area.

TRT-12 - Regional Labor Court of the 12th Region. It oversees Labor Courts in Santa Catarina, including the local Vara do Trabalho serving Palhoca.

Prosecutor of Labor in Santa Catarina - Ministério Público do Trabalho. Receives reports of unsafe conditions, child labor, and collective violations affecting worker health and safety.

Superintendence of Labor in Santa Catarina - Labor inspection authority that enforces occupational safety standards and can fine employers for irregularities and for failing to issue CAT.

CEREST Regional Grande Florianopolis - Occupational Health Reference Center that supports prevention, surveillance, and guidance for workers affected by occupational injuries and diseases.

Defensoria Pública da União - Can assist low-income workers with federal matters such as INSS benefits. The State Public Defender can guide on civil matters depending on eligibility.

Unions and professional associations - Can help file CAT, gather evidence, and support negotiations with employers.

OAB Santa Catarina - The state bar that can provide lawyer referrals and information about legal services.

Next Steps

Prioritize your health. Seek medical attention immediately and tell the provider it is work-related. Follow prescribed treatment and keep all documents.

Notify your employer and request the CAT. If the employer delays or refuses, file the CAT yourself or ask a union or doctor to do so. Keep the protocol number and any receipts.

Open or update your INSS claim as soon as possible. Bring identity documents, employment records, medical certificates, and the CAT. Attend INSS exams and keep copies of all decisions.

Preserve evidence. Save medical records, prescriptions, exam results, photos, and videos. List witnesses. Keep copies of PPE delivery forms, training certificates, and any internal communications about the accident.

Avoid returning to unsafe conditions. Report safety problems to the employer and, if needed, to the Labor inspection authority or the Prosecutor of Labor.

Consult a local work injury lawyer in Santa Catarina. Ask about your chances to obtain job stability, reinstatement or compensation, accident aid, permanent disability evaluation, and moral and material damages. A lawyer can coordinate the INSS process with Labor Court strategies and ensure you meet deadlines.

Evaluate settlement offers carefully. Do not sign a release or resignation without understanding the impact on job stability, INSS benefits, and damage claims. Get legal advice before agreeing.

If you are low-income, contact the Public Defender or a union for guidance. Many lawyers offer an initial consultation to review your case and propose a plan of action.

Act within deadlines. Labor claims usually must be filed within 2 years after the end of employment, and benefit arrears are subject to time limits. Early action improves your chances and preserves evidence.