Workplace accidents: technical analysis

In workplace accidents, the expert report studies how the event occurred from a technical point of view. It does not enter into the legal assessment of the employment relationship or the qualification of the contingency. Its function is to clarify the dynamics of the event so that the parties, the mutual insurance company or the court have an objective basis.

This work is always coordinated with the worker’s or company’s lawyer, as the case may be, and with the Labor Inspection reports when they exist.

Common situations

• Falls from heights and at different levels.
• Entrapments by or between objects.
• Blows with machinery, tools or loads.
• Overexertion with controversy over the mechanism.
• Accidents with vehicles in the work environment.

What is analyzed

• Description of the job and the task performed.
• Environmental conditions at the time of the event.
• Compatibility between the alleged mechanism and the injuries or damages.
• Existence and status of protective equipment.
• Applicable work procedures.

Technical Compatibility

One of the most frequent points in discussion is whether the accident could have occurred as described. The expert analyzes:

• Forces necessary to cause damage.
• Possible trajectories of the worker and the object.
• Condition of the ground, lighting and elements of the environment.
• Consistency with the initial medical reports.

Difference with legal valuation

The report does not determine:

• If the accident is a professional or common contingency.
• If there is a benefit surcharge.
• If there is civil liability of the company.

These issues correspond to the social order, the INSS and legal advice. The report provides the technical analysis of the event as an element of evidence.

Useful documentation

• Accident report and communications to the mutual insurance company.
• Report from the Labor Inspection, if it exists.
• Photographs of the place and the equipment involved.
• Risk assessments and work procedures.
• Accredited training in occupational risk prevention.
• Initial medical reports.

When is an expert report suitable?

• When the mutual insurance company discusses the professional contingency.
• When the company denies the mechanics described by the worker.
• When a judicial or surcharge procedure arises.
• When there are contradictory versions among those present.

Coordination with lawyer

In labor matters, coordination with the lawyer is especially important. The deadlines, the procedural route and the strategy determine which questions the report must answer. A good expert report anticipates the issues that will be raised in court.

Limits

The report describes the dynamics and analyzes technical compatibility. It does not issue judgments of criminal or administrative responsibility. Its rigor lies in explaining clearly and supporting each statement with documentable evidence.

Next steps

• Please refer to the full process.
• Review the reconstruction specialty.
• Contact from contact or the help center.