Best Work Injury Lawyers in Palhoca

About Work Injury Law in Palhoca, Brazil

Work injury law in Palhoca follows Brazilian federal rules that protect employees who suffer accidents or illnesses caused or worsened by their job. A work accident includes a sudden accident at work, an occupational disease related to the job, the worsening of a pre-existing condition due to work, and commuting accidents between home and work. Workers may be entitled to social security benefits paid by the National Social Security Institute INSS, job stability after returning to work, continued FGTS deposits during certain leaves, and in some cases compensation from the employer for material and moral damages when there is fault or risk. Palhoca is in Santa Catarina and is served by regional labor courts and social security agencies in the Greater Florianopolis area.

Why You May Need a Lawyer

You may need a lawyer if INSS denies your accident related benefit, if your employer refuses to issue the accident notice CAT, if you face pressure to return to work before you are fit, if you are dismissed during or after accident leave, if you need to claim hazard or insalubrity additional pay, if you suspect employer negligence caused your injury, if you need help proving that a disease is work related, if you are offered a settlement you do not understand, or if a family member died due to a work accident and you need to claim a death pension and damages. A lawyer can collect evidence, guide medical and technical proofs, file claims in labor or civil courts, negotiate with insurers, and coordinate administrative appeals before INSS.

Local Laws Overview

Constitutional and federal rules apply in Palhoca. Key pillars include the Consolidation of Labor Laws CLT, Social Security Benefits Law Law 8.213 of 1991, and the Civil Code on civil liability. Employers must keep a safe workplace and comply with Occupational Safety and Health Regulatory Norms NRs, such as NR-1 Management of Occupational Risks, NR-6 Personal Protective Equipment, NR-7 Occupational Health Medical Control Program PCMSO, NR-9 Risk Prevention now within the Risk Management Program PGR, NR-15 Insalubrity, and NR-16 Hazardous activities periculosidade. Companies must implement CIPA internal accident prevention committees when required and maintain SESMT safety and occupational health services according to size and risk.

When an accident occurs, the employer must issue a Communication of Work Accident CAT by the next business day, or immediately in case of death. If the employer does not issue it, the worker, a family member, a union, a doctor, or a public authority can do so. For accident related temporary incapacity, the benefit is auxílio por incapacidade temporária acidentária code B91, paid by INSS from the 16th day of leave. The employer pays salary for the first 15 days. During B91 leave, the employer must continue to deposit FGTS. After a return to work from B91, the employee has 12 months of job stability and cannot be dismissed without just cause.

Other benefits include auxílio-acidente code B94, a partial and permanent impairment benefit paid as an indemnity when there is permanent reduction of work capacity, and aposentadoria por incapacidade permanente acidentária when the worker can no longer work due to the accident. If the link between disease and occupation is presumed by NTEP epidemiological technical nexus, INSS may recognize the case as work related unless rebutted. INSS can also offer professional rehabilitation.

Beyond social security, the employer may owe civil compensation for material damages medical costs, lost wages or pension, and moral damages due to pain and suffering when there is fault negligence or when the activity is inherently risky objective liability under the Civil Code. These damages can be cumulative with INSS benefits because they have different legal nature.

Deadlines are important. Workers usually have up to 2 years after the end of employment to file a labor claim and can claim amounts from the previous 5 years. Civil claims for damages generally follow a 3-year limitation period from knowledge of the damage and its author. Administrative appeals against INSS denials typically must be filed within 30 days.

Frequently Asked Questions

What counts as a work accident in Palhoca and Brazil?

It includes sudden accidents at work, occupational diseases caused by exposure or work activities, the aggravation of existing conditions due to work, and commuting accidents between home and work. The legal basis is Law 8.213 of 1991, which applies nationwide.

What should I do immediately after a work injury?

Seek medical care, inform your employer, request issuance of the CAT, keep copies of medical reports and exams, identify witnesses, take photos if possible, and file for the appropriate INSS benefit if you will be off work beyond 15 days. If the employer refuses to issue the CAT, you or your doctor or union can file it.

Who pays my income while I am off work?

The employer pays your salary for the first 15 days of leave. From the 16th day, INSS pays auxílio por incapacidade temporária acidentária B91 if the accident nexus is recognized. During B91 leave, the employer must continue FGTS deposits.

Do commuting accidents count?

Yes. Commuting accidents between home and work are considered work accidents for social security purposes. They can lead to B91 if recognized. Whether civil liability applies will depend on the facts and proof of employer fault or risk in each case.

Can I be fired after a work accident?

If you received B91 and return to work, you have 12 months of job stability and cannot be dismissed without just cause. Dismissal during B91 leave is not allowed. If this happens, you can seek reinstatement or compensation through the labor courts.

What if INSS denies my benefit or says it is not work related?

You can appeal administratively within INSS to the Social Security Appeals Council and present new medical and occupational documents such as PPP, CAT, LTCAT, and reports from specialists. If the denial persists, you can file a judicial action. A lawyer can coordinate medical expert evidence and the legal strategy.

What compensation can I claim from the employer?

Depending on fault or risk, you may claim material damages such as lost wages and treatment costs, a monthly pension if your capacity was reduced, moral damages, and in some cases aesthetic damages. These are separate from INSS benefits and can be cumulative.

How do I prove that a disease is work related?

Evidence may include the CAT, medical reports linking exposure to the pathology, the PPP occupational profile, LTCAT technical report, job descriptions, training records, PPE delivery and use records, NTEP presumption based on company CNAE, and witness testimony. An occupational physician report is often decisive.

Do domestic workers, apprentices, and undocumented workers have protection?

Domestic workers and apprentices are employees and have accident coverage and rights to benefits. Undocumented or foreign workers also have protection under Brazilian labor law, but proof of the employment relationship is necessary. Interns are not employees, but must be covered by an accident insurance policy during the internship.

What are insalubrity and hazard pay and how do they relate to accidents?

Insalubrity additional pay is due for unhealthy exposure NR-15 and ranges by degree. Hazard pay periculosidade is 30 percent for activities with high inherent risk NR-16. These payments do not replace accident benefits. Their existence can support proof of exposure in an accident or occupational disease claim.

Additional Resources

INSS Social Security Agency in the Greater Florianopolis region serves Palhoca residents for filing and managing benefits, scheduling medical exams perícias, rehabilitation, and administrative appeals.

Tribunal Regional do Trabalho da 12a Região TRT12 and nearby Labor Courts such as those in São Jose and Florianopolis hear labor claims involving reinstatement, stability, wage differences, and employer liability tied to work accidents.

Ministry of Labor and Employment labor inspection in Santa Catarina can receive complaints about unsafe conditions and noncompliance with Regulatory Norms, PPE, training, and CAT issuance.

Ministério Público do Trabalho MPT Santa Catarina can act on collective issues such as unsafe workplaces, lack of CIPA, or systemic failures affecting multiple workers.

CEREST Centro de Referência em Saúde do Trabalhador Regional Grande Florianopolis supports workers with occupational health evaluation, surveillance of workplaces, and guidance on prevention and documentation.

Municipal and State Public Health Units SUS, including UPAs and hospitals in Palhoca and region, provide emergency care and specialist referrals and can generate medical records useful for proof.

Unions representing your professional category can help with CAT issuance, documentation, expert referrals, and collective bargaining issues related to safety conditions.

OAB Santa Catarina Bar Association directories can help locate lawyers with experience in work accident, social security, and labor litigation.

Next Steps

Document everything. Keep copies of medical reports, prescriptions, exams, sick leave certificates, CAT protocol, pay stubs, and any communication with your employer or INSS. Ask HR for your PPP and relevant safety documents. File for INSS benefits promptly and attend all scheduled medical exams. If the employer refuses to issue CAT or to deposit FGTS during leave, record the refusal in writing and seek assistance.

Consult a lawyer who handles work accidents and social security in Santa Catarina. Bring your documents, describe the accident or exposure, list witnesses, and note prior medical history. Discuss options such as administrative appeal at INSS, a labor claim for stability or wage differences, and a civil or labor action for damages. Ask about deadlines and costs. If cost is a concern, seek help through your union, legal aid entities, or initial consultations that may be free.

Focus on health and rehabilitation. Follow medical guidance, attend therapy, and consider INSS professional rehabilitation programs if offered. Do not sign settlements or resignations without understanding their consequences. Acting early protects your income and your legal rights.