The lawyer explains that the legal reasoning of the action was based on current legislation
Summary
The Federal Court ordered the union to pay $ 50,000 to the widow and the daughter of a doctor who died of Covid-19, recognizing the causal link between work on the front line and contagion, based on current legislation for compensation.
The Federal Court ordered the union to pay an indemnity of R $ 50 thousand to the widow and the daughter of a doctor from Anápolis who died following Covid-19 after acting on the front line in the fight against pandemic. The decision recognized the right to repair moral damage, considering the direct and proven exposure of the professional to risk during the exercise of his activity.
According to the social security lawyer Jefferson Malaski, who acted in case, the legal reasoning of the action was based on the current legislation which guarantees financial compensation to the families of health professionals who died following the disease acquired in the workplace.
“The main ground was proof that the doctor worked in the first line of care for patients with Covid-19 and who died because of the disease,” he explained.
To demonstrate the causal link between the exercise of the profession and the contagion, laboratory tests and the death certificate were presented, as well as documents that certified the direct performance of the doctor in care in infected patients, especially during the most critical period of pandemic.
The phrase also strengthens the precedents who can benefit from other health professionals and their families. “The decision recognizes the right to compensation when showing direct exposure to risk in exercising the activity. This opens the way to other families to seek this same recognition in justice,” said Jefferson.
One of the main obstacles addressed in the process was the topic that there would not have been sufficient regulation to pay compensation. According to the lawyer, the legal team was able to demonstrate that, even in the face of this accusation, the law was fully executive.
The decision is still subject to appeal by the Union. However, Jefferson believes in maintaining the sentence from higher cases. “The sentence was founded very, based on robust and favorable precedents. The expectation must be maintained without surprises,” he concluded.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
