Best Workers Compensation Lawyers in Palhoca

About Workers Compensation Law in Palhoca, Brazil

Workers compensation in Palhoca follows Brazilian federal law, applied locally in Santa Catarina. The core framework comes from Law 8.213 of 1991 on Social Security benefits, the Consolidation of Labor Laws known as CLT, and the Occupational Health and Safety Regulatory Standards known as NRs issued by the Ministry of Labor. Disputes with employers are handled by the Labor Courts that serve Palhoca and the region under the Regional Labor Court of the 12th Region. Claims for social security benefits are handled by the National Social Security Institute known as INSS.

Under Brazilian law, a work accident known as acidente do trabalho covers a sudden work event that causes bodily injury or functional disturbance leading to death, loss, or reduced work capacity. Occupational diseases caused or triggered by work are treated the same as accidents. Commuting accidents known as acidente de trajeto that occur on the normal home-to-work or work-to-home route are also recognized as work accidents for social security purposes.

When an accident or occupational disease occurs, there are two main fronts. The social security front with INSS can grant benefits such as temporary disability benefit known as auxílio por incapacidade temporária, coded B91 when work-related and B31 when common, accident allowance known as auxílio-acidente for permanent partial sequelae, permanent disability retirement known as aposentadoria por incapacidade permanente, and death pension for dependents. The employment front with the employer addresses job stability after a work accident, payment of FGTS deposits during certain leaves, workplace accommodations, and potential civil liability for moral and material damages if there was employer fault or certain high-risk activities.

Employers must issue the Work Accident Communication known as CAT to INSS within one business day after the event. If the employer refuses or delays, the worker, a family member, a union, a doctor, or any public authority can file it. After an accident, the employer pays wages for the first 15 days of absence. From the 16th day onward, if incapacity continues, INSS pays the benefit. If the leave is recognized as work-related B91, the worker gains a 12-month job stability period after returning to work and the employer must continue FGTS deposits during the leave.

Why You May Need a Lawyer

You may need legal help when INSS denies or misclassifies your claim, for example approving a B31 common benefit instead of a B91 work-related benefit, which affects job stability and FGTS deposits. A lawyer can prepare medical and technical evidence to prove the causal link between the job and the injury or disease.

If you were dismissed or pressured to resign after a work accident, legal representation can seek reinstatement or compensation for the stability period guaranteed by law. If unsafe conditions contributed to your injury, a lawyer can pursue employer liability for damages such as moral damages, lost earnings, future pensions, and reimbursement of medical costs not covered elsewhere.

Occupational diseases often require complex proof through expert examinations and documents like PPP worker exposure profile and LTCAT technical reports. A lawyer coordinates pericias expert evaluations and challenges company documents that are incomplete or incorrect. In administrative proceedings, a lawyer can file reconsideration requests and appeals to the Social Security Appeals Board known as CRPS, and if needed file a court case.

Employers also seek counsel to assess compliance with safety standards NR-01 risk management program PGR, NR-07 medical program PCMSO, NR-06 PPE, NR-05 CIPA, and to manage accident prevention, documentation, and contributions known as RAT and FAP that affect payroll costs. Early legal advice helps reduce disputes and penalties.

Local Laws Overview

Although workers compensation rules are federal, their application in Palhoca reflects local institutions and procedures in Santa Catarina. Work accident litigation with employers is heard by the Labor Courts serving Palhoca under the Regional Labor Court of the 12th Region. Administrative social security issues are processed by INSS, including local agencies in the Greater Florianopolis area.

Key rules to know. The CAT work accident communication must be filed by the employer within one business day. In cases of death, communication to the competent authority must be immediate. If the employer does not file, the worker or third parties may file at any time, but prompt filing is strongly recommended because it supports the benefit request and the recognition of the nexus with work.

Benefit classification matters. A B91 work-related temporary disability benefit recognizes the occupational nexus and triggers FGTS deposits during leave and 12 months of job stability after return to work under Article 118 of Law 8.213 of 1991. A B31 common benefit does not. Labor court case law can recognize the accident nexus and grant stability even if INSS initially classified it as B31 when the evidence shows a work-related event and leave longer than 15 days.

First 15 days and INSS. The employer pays the first 15 days of wages after an accident. From the 16th day, INSS pays the benefit if incapacity continues. INSS relies on medical expertise known as perícia and on documents such as CAT, medical reports, and your wage history. The benefit value follows a legal calculation based on your contribution records and is subject to floors and caps.

Commuting accidents. Accidents that occur during the usual commute are recognized as work accidents for social security purposes. Documentation of time, route, and circumstances helps establish this nexus.

NTEP epidemiological nexus. For occupational diseases, the Epidemiological Technical Nexus can presume a link between certain diseases and sectors of activity, shifting the burden of proof to the employer to rebut the presumption.

Employer obligations. Employers must implement safety and health programs such as PGR under NR-01, medical monitoring PCMSO under NR-07, issue PPP and maintain LTCAT for exposure to harmful agents, provide and record training and PPE, and organize CIPA where required. Failure can support claims for employer liability. During B91 leave, the employer must continue FGTS deposits.

Deadlines. Labor claims generally follow the two-year limitation after the end of employment and reach back five years for labor credits. Time limits for civil damage claims can vary by claim type and forum. Administrative appeals of INSS decisions typically have short deadlines, often 30 days from notification, so prompt action is important. A local lawyer can confirm the correct deadline for your situation.

Frequently Asked Questions

What counts as a work accident?

A work accident includes any sudden event arising from or during work that causes injury or functional disturbance resulting in death, loss, or reduced capacity. Occupational diseases caused or aggravated by work are treated as work accidents. Commuting accidents on the normal home-work route are also recognized for social security purposes.

Do I need to file a CAT and who can file it?

Yes. The employer must file the Work Accident Communication known as CAT with INSS within one business day. If the employer refuses or delays, the worker, family, union, doctor, or any public authority can file it. Keep a copy and the protocol number for your records.

What benefits can I receive from INSS after an accident?

Depending on your case you may receive temporary disability benefit B91 if work-related or B31 if common, accident allowance known as auxílio-acidente for permanent partial sequelae, permanent disability retirement if you cannot work, and death pension for dependents in fatal cases. The benefit type and value depend on medical findings and your contribution history.

What is the difference between B31 and B91 and why does it matter?

B91 is a work-related temporary disability benefit and grants important labor protections like FGTS deposits during leave and 12 months of job stability after returning to work. B31 is a common temporary disability benefit and does not grant these labor protections. Proper classification affects your rights and the financial obligations of your employer.

Do I have job stability after a work accident?

Yes. After returning from a work-related leave recognized as B91, you have a 12-month provisional stability period during which the employer cannot dismiss you without just cause. If INSS misclassified the leave, labor courts can still recognize the accident and grant stability when the evidence confirms a work nexus and leave longer than 15 days.

Does my employer have to deposit FGTS during my leave?

Yes, during a work-related leave B91 the employer must continue FGTS deposits. There is no FGTS obligation during a common leave B31.

Can I sue my employer for damages while also receiving INSS benefits?

Yes. INSS benefits do not prevent you from seeking employer liability for moral damages, material damages such as lost wages and future pension, and medical expenses not covered elsewhere when the employer acted with fault or when strict liability applies to high-risk activities. The amounts serve different purposes and can coexist, subject to rules that avoid double payment for the same item.

What documents should I keep to support my case?

Keep the CAT protocol, medical records and reports, prescriptions, test results, receipts for treatment and transport, photos or videos of the accident scene, witness contacts, pay slips, your work card record, and any internal reports like accident forms or safety training logs. Ask the employer for the PPP and confirm the existence of the LTCAT.

What if INSS denies my claim?

You can request reconsideration and file an administrative appeal to the Social Security Appeals Board known as CRPS within the applicable deadline, often 30 days from notification. Strengthen the file with updated medical evidence and the CAT. If the denial persists, you can bring a judicial action. A lawyer can evaluate which route is faster and more suitable for your case.

Which court handles disputes in Palhoca?

Employment disputes related to stability, reinstatement, and employer liability are handled by the Labor Courts serving Palhoca under the Regional Labor Court of the 12th Region in Santa Catarina. Disputes about INSS benefits are handled administratively by INSS and, if litigated, by the Federal Justice. A lawyer can direct the case to the correct forum.

Additional Resources

INSS - National Social Security Institute. Handles benefit requests, medical examinations, and appeals. You can schedule services and obtain information by calling 135. Local service is available at INSS agencies in the Greater Florianopolis area.

TRT da 12a Regiao - Regional Labor Court of the 12th Region. Oversees the Labor Courts that serve Palhoca and the region, where employment disputes and accident liability claims against employers are heard.

Ministry of Labor and Employment - Labor Inspection. Receives workplace safety complaints, inspects companies, and enforces compliance with the Regulatory Standards known as NRs.

Ministry of Public Labor Prosecution known as MPT. Independent authority that investigates serious workplace safety violations and can take collective action.

CEREST - Worker Health Reference Centers. The Regional CEREST in the Greater Florianopolis area supports diagnosis and prevention of occupational diseases and can assist workers and health providers with technical guidance.

Public Defender Offices. The Public Defender of Santa Catarina and the Federal Public Defender may assist low-income individuals in labor and social security matters, depending on the case and jurisdiction.

Unions and Professional Associations. Local unions can help file CATs, gather evidence, and offer guidance on collective agreement rights related to accidents and occupational health.

SUS - Unified Health System. Public hospitals and clinics provide emergency care, rehabilitation, and specialist services. Obtain and keep copies of all medical records and reports to use as evidence.

Next Steps

Seek medical care immediately and follow all treatment recommendations. Ask for detailed medical reports indicating diagnosis, CID code, probable cause, and estimated leave time.

Inform your employer as soon as possible and request the filing of the CAT within one business day. If the employer does not file, file the CAT yourself, through your union, doctor, or a public authority. Keep the protocol.

Request your INSS benefit promptly. You can initiate it by phone at 135 or by digital channels. Prepare your ID, CPF, work card, pay slips, CAT, and medical documents. Attend the INSS medical examination with complete documentation.

Do not sign resignation, release, or settlement documents without legal advice, especially if you are on leave or recently returned from a work-related leave. Such documents can affect your stability and compensation rights.

Consult a local lawyer who practices in workers compensation, labor, and social security law. Bring all documents including CAT, medical records, PPP if available, pay slips, and any internal company communications. Ask the lawyer to evaluate benefit classification B31 versus B91, stability, possible damages, and the best forum for each claim.

Track deadlines carefully. Administrative appeals often have short deadlines and labor claims are subject to limitation rules. Early consultation helps preserve evidence and rights.

Consider accommodations and rehabilitation. Discuss with your doctor and employer whether adjusted duties or gradual return are possible. If sequelae persist, ask a lawyer about accident allowance known as auxílio-acidente.

This guide is for information only. Laws and procedures change and each case is unique. A qualified lawyer in Santa Catarina can provide advice tailored to your situation in Palhoca.