Fall on the company's ladder does not generate obligation to indemnify

The Regional Labor Court of the 4th Region (TRT4) reversed decision of the first instance that condemned two companies, an industry

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The Regional Labor Court of the 4th Region (TRT4) reversed the first instance decision that condemned two companies, an industry and a service provider, the payment of indemnity by accident suffered in the dependencies of one of those claims.

When moving in the dependencies of the industry claimed, the claimant, employed from the service provider, stumbled and fell from a ladder linking two company floors.

The claimed industry demonstrated compliance with Brazilian legislation providing for stairs provided with railing and non-slip friezes, highlighted at NBR 9077/93, as well as the immediate service at the time of accident. In her opinion, there was a carelessness of the complainant when she went downstairs, as she failed to adopt the correct way of locomotion.

Des. Rapporteur, Emilio Papaléo Zin, understood that there was no evidence to evidenced guilt or illicit act of the companies claimed in the occurrence of the accident. According to the rapporteur, the claimant disregarded the risks by lowering the stairs without making use of the equipment installed by the company to reduce the chances of falls, conduct that led to the accident in the work environment.