The Labor Court of Appeals of Asunción, Second Chamber, upheld the claim for lost profits of the heirs of a worker who died while working.

In its decision, the Court decided to grant the compensation to the heirs based on the fact that the task entrusted and performed by the worker was of a risky nature, since the employer sent two workers without taking the corresponding safety measures for the transportation of valuables, and one of them died while performing such task.

In this sense, the Court considered that the employer did not comply with its obligation to protect the physical, functional and psychological integrity of its employee, as provided by labor law. In addition, it considered that the same labor legislation enables the heirs of the deceased to file a lawsuit with the sole accreditation of the relationship to claim the legal benefits, even when the worker had died after having been dismissed without cause.

However, the majority vote limited the indemnity to the last outstanding monthly salary, the proportional Christmas bonus and a 20% indemnity, giving a total of G. 5,399,999. On the other hand, the minority vote considered that the indemnity should be G. 38,399,999, mainly due to the inclusion of an indemnity according to life expectancy.

In any case, the ruling is relevant considering the figure of compensation for loss of earnings in the labor jurisdiction and claimed by the heirs of a worker who died while working as a result of the employer's non-compliance (by not having taken the safety measures), the Court having understood that they were fully entitled to such effect.

It should be noted that Vouga Abogado has not had any participation in the aforementioned process.