Worker Falls At Company Entrance, Seeks Compensation In Court And Loses

Written by Fabio Lucas Carvalho

Published on 30/10/2025 at 18:08

TRT-MG confirma que empresa não teve culpa em queda de funcionária na portaria e nega indenização por danos morais e materiais

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TRT-MG Judges Maintained the Decision of the Ubá Court and Understood That the Accident Did Not Occur During the Performance of the Employee’s Duties

The Labor Court decided that an employee who tripped on a step at the company’s entrance while arriving to start her work shift is not entitled to compensation for moral and material damages. The decision was unanimous among the judges of the Third Panel of the Regional Labor Court of Minas Gerais (TRT-MG), who understood that the company was not at fault for the incident.

The reparation request had been ruled as unfounded in the Labor Court of Ubá. However, the employee appealed, insisting that it was a work-related accident.

She argued that the company had issued the Work Accident Communication (CAT) and that the technical expertise found irregularities in the flooring and a lack of signage in the area, factors that, according to her, would prove the employer’s liability.

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Relator’s Analysis and Legal Foundation

The judge Danilo Siqueira de Castro Faria, the reporter of the appeal, emphasized that the case does not impose the obligation to compensate. He explained that the employer, under the employment contract, must ensure adequate safety conditions for the employee’s duties.

Otherwise, they incur in grave fault and must repair any damages, according to Articles 186 and 927 of the Civil Code.

However, the reporter considered that the accident did not occur during the execution of the employee’s activities, but rather before the start of the work shift. “To characterize a work accident or occupational disease, it is essential to demonstrate the occurrence of damage, fault, and a causal link between the injury suffered and the services performed,” stated the judge.

Circumstances of the Accident

According to the decision, the employee herself reported, in the examination, that she missed the transport provided by the company and, to avoid being late, took a taxi to the workplace. Upon exiting the vehicle and entering the entrance, she tripped on a bump and fell, injuring herself. She reported that the flooring lacked signage, that she was wearing flat sandals, and that she was carrying a backpack. She also mentioned that the weather was clear, without rain.

After the fall, the doorman assisted the employee, who was taken to the company’s clinic. There, she waited for the shift change and the arrival of the occupational safety technician, who accompanied her to the hospital.

Expert Report and Safety Regulations

The technical report cited occupational safety standards, but the reporter noted that the rules mentioned do not apply to the case. According to him, the measures provided in item 8.2.1 of Regulatory Standard No. 8 (NR-8) relate to service provision locations and not to all areas of the company. “These provisions do not cover the entrance area, where the accident occurred,” he explained.

Similarly, the judge highlighted that the regulations from the Military Fire Brigade of Minas Gerais (CBMMG) address building safety and fire prevention, not applying directly to workplace safety itself.

Conclusion of the Judgment

For judge Danilo Faria, the employee herself admitted that she was in a hurry because she had missed the corporate transport. This circumstance, he said, reinforces that there was no fault on the part of the company. “No illegal act was found to have been committed by the employer that would justify the requested compensation,” he concluded.

Thus, the Third Panel of TRT-MG upheld the first-instance decision, denying the request for compensation for moral and material damages, as well as the recognition of provisional stability. The decision was unanimous among the judges who participated in the ruling.

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Worker Falls At Company Entrance, Seeks Compensation In Court And Loses

TRT-MG Judges Maintained the Decision of the Ubá Court and Understood That the Accident Did Not Occur During the Performance of the Employee’s Duties

Relator’s Analysis and Legal Foundation

Circumstances of the Accident

Expert Report and Safety Regulations

Conclusion of the Judgment

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Worker Falls At Company Entrance, Seeks Compensation In Court And Loses

TRT-MG Judges Maintained the Decision of the Ubá Court and Understood That the Accident Did Not Occur During the Performance of the Employee’s Duties

Relator’s Analysis and Legal Foundation

Circumstances of the Accident

Expert Report and Safety Regulations

Conclusion of the Judgment

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