A health worker from Jaragua do Sul has won the right to compensation from the municipality in court after being involved in a motorcycle accident during working hours. The case took place in June 2015.
On that date, the health worker was riding a motorcycle into the community, for work, when a cat crossed the road. In order not to run over the cats, the woman lost control of the motorcycle and fell. She required surgery on her right ankle and jaw, which left her until April 2016, when she was assigned the role of operator.
compensation procedure
The worker filed a compensation claim for material, moral, and aesthetic damages and a mental pension for life. The argument was the partial disability that would accompany her until the end of her life. However, the appeal was dismissed in part, because the outcome of the accident “neither jeopardizes his physical limitations, nor the financial shock to which he has been subjected, nor a reduction in his economic income capable of giving rise to a perception of a pension,” as Judge Advocate Luis Fernando Boller noted in your vote.
In addition to the R$10,000 compensation for moral damages and R$472 for material damage, the municipality will have to bear future expenses. Including surgeries and treatments related to the accident.
To meet the population and the goals of the Ministry of Health, health agents use their own vehicles. The Norte Catarinense case passed through the Common Law Chamber of the Santa Catarina Court of Justice (TJ-SC) after the victim himself opened an appeal. And the servant did not agree with the ruling of Judge Candida Ines Zoelner Brugnoli, who refused to pay compensation of 399,584 Brazilian reais.
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