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Unprecedented Decision of the Superior Labor Court Redefines Criteria for Accident Stability and Expands the Scope of Protection for Occupational Diseases, Even After Dismissal, Causing Adjustments in Companies and Debates on Legal Security.
The highest labor court established the understanding that the provisional job guarantee of article 118 of Law 8.213/1991 can be recognized even without a leave of absence exceeding 15 days and without the granting of accident sick pay (B91), provided that, after the end of the contract, a causal or concausal link between the occupational disease and the activities performed is proven.
The thesis was established by the Superior Labor Court in Theme 125, judged under the procedure for repetitive appeals, with the ruling published on May 9, 2025 in case IRR-0020465-17.2022.5.04.0521.
The understanding guides the instances of the Labor Justice and practically alters the traditional reading of the objective requirements linked to the leave of absence and the social security benefit.
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What Changes with Thesis 125
The TST synthesized the guidance in an explicit formulation: “For the purposes of the provisional job guarantee provided for in article 118 of Law No. 8.213/1991, it is not necessary to be away for more than 15 days or to receive accident sick pay, provided that the causal or concausal link between the occupational disease and the activities performed during the employment relationship is recognized after the termination of the employment contract.”
The wording emphasizes the technical-medical element of the link as a central point for recognizing stability, even when a secure diagnosis only arises after dismissal.
Relationship with Previous Jurisprudence
The guidance consolidates and expands a reading already perceived in item II of Summary 378 of the TST, which conditioned stability, as a rule, to leave exceeding 15 days and to the receipt of B91, allowing exceptions when the occupational disease was determined after dismissal with a causal link to work.
The decision in the repetitive case reinforces this exception by detracting stability from the administrative filters of the INSS in cases of judicial recognition of the link after termination, granting uniformity and predictability to the decisions.
Why the Change Matters
Occupational diseases do not always manifest immediately.
In many scenarios, the aggravation is insidious, cumulative, or complex to diagnose, which made the 15-day mark insufficient to trigger protection.
With thesis 125, workers who demonstrate a causal or concausal link between the activity and the illness will have their stability period safeguarded, even if the social security benefit was not granted or even requested at the time.
This guideline shifts the focus from the social security entry point to the proof of the link established in court.
Scope and Limits of the New Rule
The precedent does not universalize stability.
Social security legislation defines work accident as an event that, during the performance of the activity, causes bodily injury or functional disturbance with loss or reduction of work capacity, even if temporary.
Without a causal or concausal link between the disease and the work, stability does not apply.
In other words, the decision-making axis shifts from fulfilling formal requirements to depending on technical proof of the relationship between activity and pathology.
Practical Effects on Companies’ Routines
Companies are likely to review investigation protocols for accidents and diseases, strengthen ergonomics programs and occupational health monitoring, and improve clinical and operational documentation throughout the employment relationship and after dismissals.
In judicial disputes, the quality of internal reports and the integration between HR and SSMA become crucial, as they support or refute the presence of a link in expert examinations.
Meanwhile, labor decisions may recognize stability even when there was no B91, based on the proven link afterward.
Direct Impacts for Workers
From the worker’s perspective, the protection route becomes less dependent on administrative milestones and more aligned with medical science, especially in diseases with slow progression.
The possibility of post-contract recognition of stability corrects typical gaps in cases where the illness was underestimated, misdiagnosed, or without appropriate social security referral during the employment.
The practical outcome is the preservation of the employment guarantee for 12 months, under the terms of article 118, when the link is demonstrated, even if late.
Legal Security and Predictability
By establishing the thesis in repetitive resource, the TST provides uniform guidelines to lower courts and reduces litigation arising from divergent understandings about the requirement of B91 or minimum leave.
The parameter is now objective: proof of causal or concausal link after termination is sufficient to access stability, regardless of prior administrative filters.
This guideline tends to reorder prevention and litigation strategies, both in the private sector and in the public service with a CLT regime.
Relationship with INSS Criteria
The guidance does not directly alter INSS procedures, but detracts labor stability from the granting of accident benefits.
This means that judicial recognition of the link can ensure stability even when the social security benefit was not granted.
From now on, the expert evidence and the occupational history are likely to weigh more than the existence of a leave of absence exceeding 15 days.
Immediate Points of Attention
On the companies’ side, monitoring periodic exams, keeping environmental and ergonomic records, and maintaining consistent documentary trails become crucial to mitigate risks.
Workers should record symptoms, treatments, and CATs and seek specialized evaluation whenever there are signs of a work-related illness.
In both cases, documentary clarity will support the investigation of the link, now a decisive axis for guaranteeing stability.
In light of this new scenario, what immediate adjustments does your organization or professional category intend to implement to deal with late diagnoses and improve the quality of the link proof in potential disputes?
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