Assault at the airport: what are the worker's rights? Is there compensation? Who will be held responsible?

Passenger attacks 4 Latam employees at Guarulhos Airport after argument
What started as a routine service ended in scenes of violence. In the early hours of Tuesday (16), a passenger began physical aggression after becoming irritated with the service provided by Latam employees at Guarulhos International Airport.
Images recorded at the terminal show the moment in which the woman invades the counter area and throws punches at a worker. Three other employees who tried to contain the situation were also attacked.
The images spread across social media and raised questions: What happens when an employee is attacked while at work? Can violence be considered a work accident? Is the victim entitled to compensation?
According to labor lawyer Juliana Mendonça, specialist in Labor Law and Process, and partner at Lara Martins Advogados, Brazilian legislation provides that an aggression suffered during the exercise of professional activity can generate labor, social security and compensation consequences.
In addition, episodes of violence committed by clients, passengers or third parties can generate effects in the civil and criminal spheres, depending on the circumstances of the case, adds Marcel Cordeiro, partner in the area of Labor and Social Security Law at the firm Miguel Neto Advogados.
"The main responsibility usually falls on the aggressor, but this does not prevent the analysis of possible duties of the company related to risk prevention and protection of workers", he states.
Passenger attacks four Latam employees at Guarulhos International Airport, in São Paulo.
Reproduction/Social Media
What the company should do
For a long time, if the violence came from someone with no connection to the company, the responsibility would lie exclusively with the person. According to Juliana Mendonça, this interpretation has been changing.
The expert explains that Convention 190 of the International Labor Organization (ILO) establishes the right of every worker to an environment free from violence and harassment. This includes situations in which aggression is committed by third parties.
According to the lawyer, occupational health and safety legislation has also advanced in this direction. Regulatory Standard No. 1 (NR-1), which deals with occupational risk management, now requires companies to identify and manage psychosocial risks related to work, including situations of violence and harassment.
The first hours after an episode of violence are usually decisive in protecting the worker and preserving evidence. According to the lawyer, the priority should be to guarantee assistance to the victim. This includes immediate medical care and, when necessary, psychological support.
The company must also preserve images from security cameras, record the incident internally, identify witnesses and collaborate with the authorities responsible for the investigation. In environments with security teams, the guideline is to act quickly to contain the situation and identify the aggressor.
Another relevant duty is the issuance of the Work Accident Report (CAT).
"The CAT is essential to guarantee the recognition of the worker's social security rights. Failure to issue this document can generate losses for both the company and the victim", he states.
Marcel Cordeiro emphasizes that the issuance of the CAT must occur by the first working day following the episode, when it is characterized as a work accident. In addition to formal registration, the company must adopt measures aimed at worker health and safety, including referral for medical and psychological care when necessary.
"There could also be liability if, after the episode, the company stops providing minimum support to the worker", he states.
Gif shows patient attacking healthcare professional
Reproduction
Read also: 'I felt humiliated', says nursing technician attacked by patient
Who is responsible for the damages?
According to Juliana Mendonça, the responsibility of the aggressor does not automatically exclude the possibility of the company being held liable.
"The aggressor can be criminally liable, especially for bodily injury, if an offense to the physical integrity or health of the victims is proven (...) workers can also seek civil compensation, including moral damages, material damages and eventually proven medical expenses", says Marcel Cordeiro.
At the same time, the Labor Court can analyze whether the company failed in its duty to protect its employees. Experts explain that certain activities expose workers to predictable conflict situations.
This is the case of airports during flight delays and cancellations, hospitals in times of overcrowding, banking services and public transport, among others.
In these situations, the analysis usually considers several factors.
Were there security teams available?
Did employees receive adequate training?
Were there protocols for crisis situations?
Was the company already aware of similar risks?
According to Juliana, these questions are decisive in assessing any employer's liability. "The responsibility of the aggressor does not automatically exclude that of the company (...) there may be shared responsibility", he states.
When the company can be considered co-responsible
According to experts, some situations tend to attract the attention of the Labor Court.
One of them occurs when the company was aware of a predictable risk and did not adopt adequate measures to reduce it.
Another hypothesis involves activities that, by their nature, expose workers to frequent situations of tension.
Cases are also analyzed in which employees were placed in a vulnerable situation or when there was a history of similar occurrences without effective measures.
According to Juliana Mendonça, the analysis is not limited to the aggression itself, but considers the entire protection structure offered to the worker.
Marcel Cordeiro makes a similar assessment. According to him, violence committed by third parties does not generate automatic liability on the part of the employer.
According to the lawyer, this can occur when there is a history of similar situations, absence of minimum safety protocols, lack of team training, unjustified delay in intervening or maintaining the worker in a situation of avoidable risk.
There may also be questions if the company fails to provide adequate support after the episode, does not correctly record the occurrence or does not adopt measures aimed at preserving the physical and psychological health of employees. employees.
In other words, aggression carried out by third parties does not generate automatic liability for the company, but it does not rule out possible liability in the event of an omission or failure in the duty of protection.
What could happen in the case of Latam
In the experts' assessment, it is still too early to conclude whether the airline is responsible for the episode. This definition will depend on the analysis of the facts, evidence and circumstances of the service. One specific point, however, may gain relevance.
Latam itself reported that the attacks occurred during an operational contingency. According to Juliana Mendonça, this type of situation tends to increase stress among passengers and service teams.
"[This] situation made an environment of high tension at the service desk predictable and expected", she states.
The expert emphasizes that this does not imply automatic liability on the part of the company. It will be necessary to assess what protection measures were available and how the company acted before and after the episode.
For Marcel Cordeiro, the analysis should also consider whether there were adequate prevention and response mechanisms for conflict situations.
Factors such as risk predictability, response time and support offered to employees after the incident are usually considered in possible legal discussions, explains the lawyer.
Nursing professional is injured in the arm after an attack at HPS, in Juiz de Fora
TV Integração/Reproduction
Compensation can go beyond physical damage
An attack can generate different forms of compensation. Juliana Mendonça states that material damages include medical, psychological, dental expenses, medicines and other expenses related to treatment.
Moral damages can also be claimed when there is suffering, humiliation, fear or emotional distress.
Marcel Cordeiro adds that compensation can cover different types of proven loss. In cases where violence leaves permanent consequences, claims for compensation for aesthetic damage may arise. If there is a reduction in work capacity, the victim can claim a monthly pension.
"In the labor sphere, the victim worker can claim: material damage (...), aesthetic damage (...), in addition to disability pension", says Juliana Mendonça.
What should a worker do after suffering an attack
The experts' advice is to file a police report as quickly as possible and seek medical attention, even if the injuries appear to be minor.
It is also important to keep reports, prescriptions, certificates, proof of expenses and any other document related to the treatment.
According to Juliana Mendonça, the victim should try to identify witnesses, request the preservation of security images and demand the issuance of the CAT when the aggression is related to work.
The more evidence is gathered, the easier it will be to demonstrate the occurrence of the aggression and its impacts.
Marcel Cordeiro emphasizes that documentation of the case is fundamental both for criminal investigations and for the recognition of labor and social security rights.
In the case of Latam employees, the investigation should clarify the passenger's responsibility. Any labor discussions will depend on the analysis of the circumstances of the service and the measures adopted by the company.

Source: G1