The Supreme Court again commented House-work accidentOn the way or, more fiercely, as an accident In ITINERE . Labor code.
Writer Rui Borjas Perera *
This time, this type of professional accident was approached in the recent judgment of this court, and even if it occurred outside the workplace, the accidents that are continuing with work.
Case:
It was in trouble to recognize an accident that occurred on the return of a worker, after his work was over.
In short, On the way home, the worker fell on the bus, stopped buying a piece of hands, and eventually lost the kidneys.
The SDJ confirmed the decision of the Lisbon relationship, which qualified as an accident in the job. The boss, who usually used the bus as a transport way, decided to interfere with the way to meet the individual needs: stopped buying a piece in a store and had twenty minutes on the mobile phone before going to a supermarket, where he bought the goods for dinner. He started the usual path and suddenly fell into the bus due to braking.
Basics:
What is the essential question that is discussed Employment Agreement.
The Supreme Court reiterated the already integrated orientation: the accident In ITINERE This is the extension of legal protection, which is justified by the inherent risk of travel or in the workplace. This risk is exterior for space and work hours, and the functioning of the work is attached to the functioning.
In the analysis of a particular case, the court assessed the reasoning of the behavior of the worker and the nature of the interference – the demands of the family life and the normal standards of the individual organization. Therefore, it was understood that deviations were not unequal and that they were not simply misrepresenting the way. Also, once the usual path is restarted, the risk of travel will return to the legal protection sphere.
The results:
This understanding is especially appropriate in the current environment, where foot displacements and labor are increasingly common in everyday life. The supreme decision confirms that the analysis of each case must be based on fairness and social sufficient criteria, not in direct reading of the rule.
For those who work ” Court The main concept of the verdict strengthens the “fairness” effectively for the lawyers, especially for lawyers.
For companies and corporations responsible for human resources, this verdict strengthens the importance of knowing the legal definitions of the regime. The exact qualification of these events may have appropriate impacts on the responsibility of insurers, companies and employers.
* Attorney -at -law CBA legal advisers.
Legal Warning: This article is simply informed, and its content cannot be considered to provide legal services or any advice. This article, naturally, is common, short and does not apply directly to any particular case, so it does not provide the advice of a qualified expert, and the reader should not act or act by referring to his content.
