Worker Injured by Roller Compactor on MGC-122 Roadwork Awarded $200,000
A construction worker who sustained permanent injuries after being struck by a roller compactor during roadwork on the MGC-122 highway has been awarded R$200,000 (approximately $37,000 USD) in moral and aesthetic damages. The decision was announced by the Regional Labor Court of Minas Gerais (TRT-MG) on Monday, May 27th. The worker was applying asphalt on a stretch of the MGC-122 between Nova Porteirinha, Janaúba, and the BR-251 junction when the accident occurred. He was hit in the back by the roller compactor, trapped beneath it, and suffered burns from hot asphalt, along with fractures to his left leg and injuries to his right leg, resulting in permanent disabilities that prevent him from returning to manual labor. A lower court recognized the hazardous nature of his work and held the construction company responsible. Medical evaluations confirmed partial and permanent incapacity for manual tasks and maximum aesthetic damage, leading to the compensation and a lifetime pension. The companies appealed, claiming the accident was solely the worker's fault due to alleged disregard for safety procedures. However, the TRT-MG's Third Panel upheld the judgment, confirming the R$100,000 for moral damages, R$100,000 for aesthetic damages, and the lifetime pension, deeming the amounts appropriate for the severity of the injuries and the punitive aspect of the ruling. The reporting judge noted that employers can be held liable for risks inherent to an activity, even without direct fault, as the companies failed to prove the worker was solely responsible.
This case highlights the legal framework surrounding workplace safety and employer liability in hazardous occupations. The court's decision underscores the principle that employers bear responsibility for risks inherent in activities that expose workers to greater danger, irrespective of direct fault, provided the companies cannot prove exclusive fault by the victim. The substantial damages awarded, including a lifetime pension, reflect the permanent physical and aesthetic consequences suffered by the worker. This ruling serves as a reminder of the importance of robust safety protocols and risk mitigation in infrastructure projects, particularly those involving heavy machinery and high-risk tasks. Future considerations for such projects should include enhanced training, stricter supervision, and potentially the implementation of advanced safety technologies to prevent similar incidents and ensure worker well-being in an evolving labor landscape.
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