Family of BH health agent who died from Covid-19 during the pandemic should receive R$750,000 and a lifetime pension | Minas Gerais

The Municipality of Belo Horizonte must compensate the family of a community health worker who died of Covid-19 during the pandemic in R$ 750 thousand It is a monthly pension until 2058. She was diabetic and no was dismissed from service.

The responsible judge, from the Regional Labor Court of the 3rd Region (TRT), understood that the municipality was negligent in occupational safety and health actionsmainly due to the fact that she has a chronic illness and was not removed from work.

The City Hall informed that it has already filed an appeal with the Superior Labor Court. (learn more below)

The woman was sent away with Covid-19 in February 6, 2021 and died on the 22nd, just 16 days later. She left her husband and two children, one of whom is a minor.

The work accident report, issued by the municipality itself, identified Covid as the reason for death. The judge found that there were elements that the illness was the result of “exposure or direct contact determined by the nature of the work”.

The first instance decision had set compensation for moral damages in R$ 100 thousand per heir, totaling R$ 300 thousand, and a pension for materials damage in the amount of BRL 1,474.77 monthlycorresponding to 2/3 of her last salary.

This pension will be paid until 2058, considered for life, the date on which the woman would turn 80 years old.. The portion allocated to children will only be paid until they turn 25 years old. The judge understood that she was responsible for maintaining the house.

The City Council appealed the decision, but the Eighth Panel of the TRT ended up following the understanding and even increasing the value of compensation for moral damages for R$ 250 thousand for each heir, totaling R$ 750 thousand.

In the process, the Municipality of Belo Horizonte argued that it would not be possible to say that the employee had contracted the disease while working as a community health agent.

He also denied that there had been negligence on the part of the City Hall, claiming that “adopted all measures and precautions to prevent contamination and spread of Covid-19“, thus not being the case of the employer’s responsibility.

It is worth noting that the decision understands that there is not necessarily fault on the part of the City Hall, but objective civil liability — when the activity may cause risk to the victim.

The City Hall informed that it has already filed an appeal with the Superior Labor Court.