STRICT LIABILITY OF THE EMPLOYER AND VULNERABILITY OF THE WORKER: WORK ACCIDENTS AND OCCUPATIONAL ILLNESSES

Abstract

This study aims to examine the predictions of establishing the employer's objective liability in cases of work accidents and occupational diseases, considering the worker's vulnerability. The numbers of accidents and occupational illnesses recorded in Brazil, according to data from the Ministry of Social Security website, are worrying. The work presents the legal and doctrinal definitions relevant to the topic, addressing concepts of occupational accidents and illnesses, their most relevant definitions, characteristics, comparisons and distinctions. Furthermore, it includes an analysis of regional labor legislation on the evolution of employers' civil liability in these cases. The objective is to present examples of establishing civil liability, both subjective and objective, of the employer based on specific cases. The study also examines the impacts of labor reform on determining the employer's civil liability, as well as exploring the concepts, distinctions and applications of the concept of vulnerability in labor relations. Finally, it is demonstrated how the recognition of the worker's vulnerability can be used to substantiate the employer's objective liability in cases of occupational misfortune.