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A routine shift in a restaurant kitchen turned into a lifelong nightmare for a 53-year-old kitchen assistant in Santos, São Paulo. Now, following a landmark appellate decision, the establishment is facing a financial reckoning that could surpass R$ 90,000 in damages and unpaid labor rights.
The terrifying incident dates back to January 2020. While the worker was busy frying potatoes, boiling oil spilled from a large commercial vat, directly hitting her. Medical reports and expert testimonies later revealed the devastating extent of the accident: a staggering 36% of her body suffered first and second-degree burns.
A Heavy Toll on Body and Mind
The victim's injuries were not just severe; they were life-altering. The boiling oil scorched her face, right arm, chest, and dorsal region, requiring immediate hospitalization and subsequent plastic surgery.
While the physical wounds healed, the psychological and social scars remained. During the appeal, Desembargador (Appellate Judge) Celso Ricardo Peel Furtado de Oliveira emphasized how the visible scars on exposed areas of her body continuously violated her auto-image and self-esteem. The court noted that the ongoing psychological trauma and permanent alteration of her appearance demanded a stronger judicial response.
Initially, a lower court recognized the restaurant's liability. However, dissatisfied with the compensation, the worker's legal team appealed to the Regional Labor Tribunal of the 2nd Region (TRT-2) to increase the payout. The appellate court agreed, raising the moral and aesthetic damages from R$ 8,000 to R$ 12,000 each.
Beyond the Burns: A Massive Labor Bill
While the damages for pain and suffering form a core part of the ruling, they are only a fraction of the total penalty. The comprehensive legal defeat includes:
- Salary differences due to unapplied collective bargaining adjustments
- Insalubrity (hazard) pay
- Penalties for delayed salary payments
- Unpaid mandatory employee insurance
- Missed deposits for the FGTS (severance fund)
With all factors combined, legal representatives anticipate the final bill hitting approximately R$ 92,000 once calculations are officially settled.
Legal experts point out that this ruling serves as a stark warning to employers. Alexandre Leandro, the lawyer representing the victim, stressed that workplace accidents are almost always preventable through proper equipment, rigorous training, and effective safety management. When employers cut corners, the legal system is stepping in to make sure the price is paid.
