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TST Understanding Changes Criteria for Job Security Due to Occupational Illness, Shifts Focus from Social Security Leave to the Link with Work, and Expands Debate on Expertise, Diagnosis after Dismissal, and Impact on Labor Lawsuits Nationwide.
An established thesis by the Superior Labor Court has altered the axis of a recurring controversy in cases involving occupational illness.
For the acknowledgment of provisional job security for 12 months, as set forth in Article 118 of Law 8.213/1991, it is no longer essential to prove a leave of more than 15 days and the granting of accident-related sickness benefits by the INSS, the benefit identified as B91.
With the understanding established in Theme 125, the central element now becomes the confirmation of the causal or contributing link between the illness and the activities performed.
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This link can be recognized even after the termination of the employment contract.
In practice, the new position allows for job security to be discussed even in situations where the diagnosis occurs after dismissal.
This scenario is common in slowly evolving illnesses or those that depend on tests and clinical follow-up for confirmation.
From the thesis, the analysis tends to focus less on administrative requirements and more on what the process can technically demonstrate about the relationship between work and illness.
Theme 125 of the TST and Provisional Job Security Due to Occupational Illness
Before the establishment of the thesis, a significant portion of the jurisprudence conditioned job security to the sum of two factors.
The leave of more than 15 days and the receipt of accident-related sickness benefits.
In practice, this understanding caused the discussion to revolve around the type of benefit granted by the INSS and the formalization of the leave.
This occurred even when there was an allegation of work-related illness.
With Theme 125, the TST consolidated the understanding that these requirements are not indispensable.
This holds true when, even after the end of the contract, the causal or contributing link between the occupational illness and the performed activities is proven.
The thesis was established during the judgment of repetitive resources.
It has started to guide decisions across the country, aiming to standardize the interpretation of the matter.
This position aligns with Súmula 378 of the TST.
The rule already anticipated the possibility of recognizing job security when the occupational disease is diagnosed after the dismissal.
The requirement has always been the demonstration of the relationship with the employment contract.
The difference is that this scenario is no longer treated as an exception and now takes a central role in the analysis.
Expert Evidence and Causal Link in the New Understanding of the TST
The new understanding does not eliminate the need for evidence.
It also does not guarantee job security automatically.
What changes is the weight assigned to formal requirements that, in many cases, prevented the discussion of merit.
From the thesis, the judicial expertise takes on an even more significant role.
It is responsible for evaluating the worker’s functional history.
It also examines the conditions of the environment, the frequency, and the intensity of exposure to risk agents.
Another point analyzed is the compatibility between the clinical picture presented and the activities performed.
Based on these elements, the expert can indicate whether there is a direct or contributing link between work and illness.
Unfavorable decisions for the employee remain possible.
This occurs when the technical evidence does not confirm the alleged relationship.
In situations where medical reports do not sustain the bond, job security can be dismissed.
The same applies when the occupational history is not compatible with the illness.
Diagnosis After Dismissal and Reflections on Labor Lawsuits
One of the most relevant points of Theme 125 is the express acknowledgment that the link can be recognized after the termination of the contract.
This aspect directly affects cases where the worker is dismissed and considered fit.
Subsequently, they receive a diagnosis that may relate to the work performed.
In such cases, the controversy often involves reconstructing the work context.
The analysis includes the activity effectively performed and the work environment.
The present risks, preventive measures adopted, and available medical records are also evaluated.
With the thesis, the absence of formal leave no longer concludes the discussion.
The outcome now depends on the evidence produced in the case.
Skin Cancer, Solar Exposure, and Characterization of Occupational Illness
Skin cancer frequently appears in discussions about occupational diseases associated with solar exposure.
According to information released by the National Cancer Institute, ultraviolet radiation is the main risk factor for this type of tumor.
Official health data indicates that it ranks among the most common in the country.
In the labor context, the mere fact that the activity is carried out outdoors is not sufficient to characterize the illness as occupational.
The analysis depends on demonstrating relevant exposure during working hours.
The absence or insufficiency of protective measures is also taken into consideration.
Another point is the compatibility between the professional history and the clinical diagnosis presented.
According to occupational health specialists, the expertise usually considers working hours and duration of exposure.
The provision of protective equipment and the guidance received also factor into the assessment.
Environmental records and functional histories are included in the analyzed set.
In multifactorial diseases, the existence of contributing causes is also evaluated.
This occurs when work is not the sole origin of the illness but contributes significantly to its development or worsening.
Reinstatement or Substitute Compensation in Accident-Related Job Security
When the job security provided for in Article 118 of Law 8.213 is recognized in court, the most common outcomes are reinstatement to employment.
Another possibility is substitute compensation corresponding to the period of job security.
The choice between one or the other solution depends on objective factors.
Among them are the elapsed time, the practical viability of returning, and the specific conditions of the case being analyzed.
Besides job security, actions involving occupational illness may include claims for damages.
These claims depend on meeting legal requirements.
Proof of the damage and its link to work is necessary.
Theme 125 does not alter these criteria.
It influences the starting point of the discussion by prioritizing the analysis of the link between activity and illness.
Role of the INSS After the TST Thesis
The TST thesis does not diminish the importance of the INSS in the social protection system.
The accident-related sickness benefit remains a relevant instrument when granted.
What changes is that the absence of this social security classification, by itself, no longer impedes the analysis of the right to job security in Labor Court.
Social security documents may still integrate the probative set.
The discussion, however, now primarily relies on the technical evidence produced in the labor process.
This shift is particularly significant when the granted benefit was of another type.
It also applies when there was insufficient time for the traditional social security procedure.
Practical Impacts of Theme 125 for Companies and Workers
With the focus shifted to the link, the production of evidence regarding actual working conditions is likely to gain more weight.
Labor law specialists point out that, for companies, this reinforces the importance of consistent records on health and safety.
Training, formal guidance, and preventive measures adopted now have greater evidentiary relevance.
For workers, this understanding reduces dependence on prolonged leave or accident benefits as a prerequisite.
Still, the acknowledgment of the right continues to depend on the technical demonstration of the relationship between the illness and the activity performed.
This point is particularly sensitive in cases where the diagnosis is confirmed after dismissal.
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