Occupational accidents and diseases in the context of remote work and the employer's responsibility

Abstract

The purpose of this study is to analyze the employer's liability for work-related accidents that occur outside the company's premises, i.e., at a remote work location. Even when working remotely, employees enjoy rights and guarantees established by the Federal Constitution (CR/88) and the Consolidation of Labor Laws (CLT). The Labor Reform, established by Law No. 13,467/2017, made several updates to the CLT, regulating telework in articles 75-A to 75-F of the CLT. Therefore, when discussing work related accidents, it should be borne in mind that the worker is not helpless. The employer remains responsible for the safety and integrity of that worker. However, the work-related accident at the remote work location must have a causal link with the activity performed, so that it is possible to seek compensation for damages, otherwise it is not a work-related accident.