TJMG upholds accident assistance for injured industrial electrician

The 20th Civil Chamber of the Court of Justice of Minas Gerais (TJMG) has upheld a ruling granting accident assistance to an industrial electrician who lost part of his right index finger in a workplace accident in January 2022.

The court rejected an appeal by the National Social Security Institute (INSS), which argued that the injury did not limit the worker's functional capacity, citing expert reports that showed preserved hand strength and pinching movements. However, the rapporteur, Judge Fernando Caldeira Brant, noted that the profession requires manual dexterity and tactile sensitivity, and that the permanent anatomical lesion would require greater physical effort from the worker.

In his decision, the judge applied the precedent set by the Superior Court of Justice (STJ) under Theme 416, which establishes that even a minimal reduction in labor capacity entitles a worker to accident assistance. The monthly benefit is set at 50% of the benefit salary.