Moral damages due to work-related voice disorder: the Brazilian Superior Labor Court judgments

Abstract Introduction: workers exposed to inadequate occupational conditions may be affected by work-related voice disorder (WRVD). While WRVD is not legally acknowledged, there is a weak causal association between work and voice disorders. Objective: to analyze the decisions of the Brazilia Superior Labor Court (TST) regarding actions taken by workers claiming WRVD. Method: quantitative, exploratory and descriptive study. We searched for the term “disfonia” (dysphonia) in the TST database. Results: 87 judgment records were identified between 1999 and 2016, requested mainly by women (88.5%); the most frequent sector was telemarketing (59.8%). In 39.1% of the actions, the causal association between work and the disease was acknowledged determining partial compensation (42.5%), compensation for moral damages (50.6%), compensation for material damage (8.0%) and fines (5.7%). Conclusion: the court judgments established the relationship between voice disorder and work. WRVD legal acknowledgment may contribute to the reduction of the workers’ suffering and waiting time for their compensation claims. It can also help to develop public policies focused on the promotion, protection, recovery and, mainly, health surveillance, in order to ensure adequate working conditions for the use of voice at work.