Legal aspect of occupational disease

First, we need to define what an occupational disease is. Law 8,213/91 equates occupational disease to a workplace accident for legal purposes. An occupational disease is defined as one produced or triggered by the performance of work, related to a specific activity, or acquired/triggered due to specific conditions under which the work is performed and/or to which it directly relates. In simpler terms, an occupational disease is one that was acquired or triggered by or within the work environment, or even by the way of working itself. Since COVID-19 is a disease that can be contracted practically anywhere in the presence of contaminated people, animals, objects, or surfaces, it is difficult to accurately determine the source of contamination. Thus, it is not possible to determine that this is an occupational disease, due to the impossibility of asserting that the virus was contracted in the workplace. Despite this, the STF (Supreme Federal Court) stated that, in the event of significant exposure of the employee and subsequent contraction of the virus, the company can be held liable. This decision is based on the theory of created risk, supported by the Federal Constitution and expressly provided for in the Civil Code. Therefore, there is an obligation to repair damages, regardless of fault, in cases where the employee's activity implies risk to the rights of others. The decision also prohibits any legislative act that allows for non-compliance with hygiene, health, and safety standards in the work environment. In general, in the absence of an express prohibition provided for in a Normative or State Act, the company may be held liable if it requires employees belonging to the COVID-19 risk group to remain active, especially if they contract the disease, with aggravating factors in case of severe symptoms and damage to health.