Year: 2025
Type: article
Abstract: The Brazilian Labor Courts handle a significant volume of cases involving occupational accidents and illnesses, in which determining the causal link is essential to guaranteeing rights. This study aims to demonstrate the legal and technical-scientific foundations that support the physiotherapist's competence in establishing a causal link, as well as detail the methods employed by these professionals to establish this link in the labor context. To this end, an analysis of the relevant legislation (Decree-Law 938/1969, Law No. 12.842/2013, and the Code of Civil Procedure), precedents from Regional Labor Courts (TRTs), resolutions from professional councils, and scientific literature was conducted. The results indicate that the physiotherapist's role in forensic examinations is broadly supported by court decisions and by the non-exclusive nature of nosological diagnosis in medicine. Physiotherapists' training, with in-depth knowledge of biomechanics and human functioning, enables them to perform accurate kinetic-functional diagnoses. Seven methodological criteria for establishing a causal link are detailed (temporality, etiological adequacy, intensity of exposure, exclusion of other causes, epidemiology, consistency, and multidisciplinary coherence), in addition to the methodology for grading the co-cause, which allows quantifying the work-related contribution to the injury. It is concluded that physical therapists have a solid foundation to serve as experts in the Labor Court, being essential in elucidating the causal link and grading the co-cause. However, full recognition of their expertise still faces challenges related to a lack of awareness among lawyers and judges, highlighting the need for greater awareness of this capacity for a fairer and more efficient judicial system.
Source: REVISTA CIF BRASIL
Authors: Associação Brasileira de Perícias Fisioterapêuticas, DOUGLAS GARCIA, BRUNO FRACASSO
Language: English
Subfield: Occupational Therapy
Field: Health Professions
Domain: Health Sciences
Open Access status: bronze
OpenAlex ID: W4412560277