TELEWORK AND OCCUPATIONAL DISEASES: A CASE STUDY ON EMPLOYER LIABILITY AND TEH DIFFICULTY OF IDENTIFYING THE CASUAL LINK

Abstract

This article aims to analyze the relationship between teleworking and the increase in occupational diseases, highlighting the employer's responsibility and the persistent difficulty in identifying the causal link between illness and work activity. The research is bibliographic and qualitative, based on Brazilian labor legislation (CLT) and the analysis of recent judicial decisions (Jurisprudence) regarding the imputation of liability for accidents and diseases in the home office regime. The study initially addresses the transformations caused by the COVID-19 pandemic in labor relations, which acted as an accelerator of this modality. Subsequently, it focuses on the comparative analysis of two practical case studies, discussing the obligation to provide ergonomic equipment (CLT Article 75-E) and the configuration of employer fault (subjective liability). The results reveal significant jurisprudential divergence in assessing the causal link, oscillating between valuing the employer's omission and uncharacterizing the accident by considering it a "matter of private life." It is hoped to contribute to the legal debate about the need to adapt labor laws and consolidate a more protective judicial understanding towards the new psychosocial and ergonomic risks of remote work organization.