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In an episode that highlights the risks of working from home, a telemarketing employee was compensated R$30 after falling due to an inadequate chair provided by the company.
In recent years, the remote work model, known as home office, has become a common practice in Brazil, especially after the COVID-19 pandemic.
This modality brought several advantages, such as flexibility and time savings, but it also raised important questions about the responsibility of companies regarding the health and safety of employees outside the corporate environment.
Recently, a case drew attention to the legal challenges of working from home.
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According to Migalhas portal, a telemarketing worker suffered a fall while working from home, resulting in a fractured bone in his right hand.
The accident occurred at the beginning of his work day, when the chair he was using broke, causing him to be away from work for approximately 45 days.
The Labor Court ordered the company to pay compensation of R$30 for moral damages, alleging negligence in not providing adequate equipment for the activity.
Employer's responsibility in home office
Judge Mirella D'arc de Melo Cahú, from the 4th Labor Court of João Pessoa/PB, highlighted that, by authorizing the home office regime, the employer assumes the responsibility of ensuring the safety and health of employees, including ensuring an ergonomic work environment, even outside the company's premises.
In the case in question, the company did not prove that it had carried out any assessment of the claimant's work environment, nor did it provide ergonomic equipment, such as a chair suitable for telemarketing work, constituting negligence on the part of the company.
The importance of ergonomics in remote work
Ergonomics is essential to prevent injuries and ensure the well-being of workers.
In a home office environment, it is essential that companies provide guidance and the necessary equipment so that employees can perform their duties safely.
This includes appropriate chairs, tables at the correct height, and equipment that meets the specific needs of each activity.
Failure to pay attention to these details can result in accidents and health problems, for which the company may be held liable.
Legislation and precedents on home office accidents
Brazilian labor legislation equates remote work to in-person work with regard to rights and duties.
Article 6 of the Consolidation of Labor Laws (CLT) establishes that there is no distinction between work carried out on the employer's premises and work carried out at home, as long as the conditions of the employment relationship are met.
This means that accidents occurring while working from home can be considered work accidents, with the same legal implications.
In another case, the 1st Labor Accident Court of the Capital, in São Paulo, denied the request for an accident benefit to an employee working remotely who suffered a fall at home, injuring his right wrist.
The decision considered that there were not enough elements to characterize the accident as a work accident, highlighting the importance of evaluating each situation individually.
Companies' obligations under the teleworking regime
With the increasing home office adoption, it is crucial that companies establish clear policies and provide guidance to employees on how to set up a safe work environment at home.
In addition, they must provide the necessary equipment and carry out periodic assessments to ensure that working conditions are adequate.
Failure to comply with these obligations may result in liability for occupational accidents and illnesses.
For experts, the case of the man who received compensation after falling from a chair at home highlights the importance of companies' responsibility to ensure the safety of their employees, even when working from home.
It is essential that employers are aware of remote working conditions, providing the necessary resources and adequate guidance to prevent accidents and ensure the well-being of their employees.
