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TST Recognizes Right to Compensation for Reflex Moral Damage, Expanding Protection for Workers’ Families.
The mother of a clerk who lost both legs in a work accident won the right at the Superior Labor Court (TST) to seek compensation for her own suffering. The decision, reported by the Migalhas portal, consolidates the understanding that family members can also seek compensation when experiencing emotional damages due to serious injuries suffered by their loved ones.
The case involved an accident that occurred in 2013 in São Paulo, when the worker was crushed by a truck driven by an intoxicated driver.
The amputation of the employee’s legs resulted in a multimillion-dollar compensation to him, but also opened the discussion about the extent of compensation for family members directly affected by the tragedy.
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The Accident and the First Decisions
The clerk had been hired in 2003 and, during a night shift in April 2013, was inspecting the seal of a truck when he was hit by the uncontrolled vehicle. The violent impact led to the amputation of both legs above the knees.
In the labor lawsuit, the employee sought compensation for material, moral, and aesthetic damages, as well as coverage for prosthetics and medical treatment. The mother requested compensation for reflex moral damages due to the profound suffering caused by her son’s mutilation.
The first-instance court ordered the company to compensate the worker R$ 1.33 million but denied the mother’s request. This understanding was upheld by the Regional Labor Court of the 2nd Region (SP), which considered reflex moral damage compensation applicable only in cases of death.
Turnaround at the TST
Upon appeal, the mother succeeded in the 1st Panel of the TST. The ministers recognized her legitimacy to seek independent compensation, emphasizing that the request did not overlap with her son’s rights but instead concerned the direct and profound impact on her emotional life.
Subsequently, the discussion reached the Specialized Section I in Individual Disputes (SDI-1), where Drogaria São Paulo attempted to reverse the decision. The defense argued that the request was not directly related to the employment relationship.
However, the rapporteur, Minister Aloysio Corrêa da Veiga, stressed that the employee’s mutilation while working in poor lighting conditions constituted a serious enough situation to legitimize the mother’s request.
Reflex Moral Damage: What Is at Stake
The so-called reflex moral damage occurs when third parties suffer serious emotional consequences from an unlawful act or accident that directly affects another person. Until now, court decisions had restricted this right mainly to cases of death.
The TST ruling marks a significant expansion in legal interpretation, recognizing that the mother’s pain for her mutilated worker son is as legitimate as that of someone who loses a loved one.
This opens precedents for other family members in similar situations to seek compensation, reinforcing the notion that workplace accidents impact not only the direct victim but also their emotional support network.
Implications for Companies and Workers
For experts, the decision serves as a warning to companies about the need to reinforce safety measures in the workplace. At the same time, it broadens the possibilities of protection for family members facing severe psychological distress resulting from serious accidents.
Additionally, the case reinforces the employer’s objective responsibility to ensure safe and adequate conditions for workers. In extreme situations, such as mutilations, the scope of compensation goes beyond the direct link between company and employee, also reaching those who suffer indirectly but intensely.
The recognition of the right of the mother to seek compensation for reflex moral damages at the TST represents a milestone in the debate about corporate responsibility for workplace accidents. The decision expands the concept of justice by considering that the pain of close family members cannot be ignored.
And you, do you believe that this understanding can change how cases of serious accidents are handled in Brazil? Do you think it is fair for family members to receive compensation even without the victim’s death?
Leave your opinion in the comments; we want to hear from those who live this reality in practice.
Sim ! Correta decisão, parabéns ao magistrado,sei que ele reconhece que quem vai cuidar do acidentado ,vai ter que mudar toda rotina da vida ,e isso só ver quem passa por essa situação,bom seria que essa lei service pra TDS que sofre acidente causado por um o inresponsável que dirige bebado .
Se esta ” terceira” pessoa também se vê prejudicada na sua renda, por não conseguir trabalhar ( mesmo por um período), em decorrência de sua saúde ter ficado abalada pelo ocorrido, ou por ter que se dedicar aos cuidados da outra pessoa, acho justa a conceção do reivindicado.
Se a empresa tem condições que se faça justiça, agora eu digo, um empresário que não tem condições fica complicado