An October 29 ruling has reversed a previous decision, absolving the defendants involved in a 2015 accident that resulted in the death of a worker. The incident took place on November 30, 2015, when the employee, hired less than a month prior, fell from over six meters while replacing acrylic panels on the roof of a paper company warehouse in Espinho, Aveiro district.
The victim, who was not using any personal protective equipment, sustained multiple injuries and underwent surgeries but succumbed to his injuries in February 2019 at Santa Maria da Feira Hospital.
In March 2025, the former company administrator received a 36-month prison sentence, suspended for an equivalent period, while the company was fined 360 days at a daily rate of 250 euros, which was substituted by a good conduct bond of nine thousand euros for three years.
The defendants were also ordered to jointly pay the victim’s minor child compensation of 105,000 euros.
The court had previously determined that the worker’s fall and fatal injuries were due to the negligent behavior of the defendant, as the task was assigned to an inexperienced worker under unsafe conditions without proper safety training for working at heights.
Unhappy with the initial ruling, the defendants appealed to the TRP, which acquitted them of the crime for which they had been convicted at first instance, also dismissing the civil compensation claim.
The appellate judges noted that the facts did not prove that the defendants exposed the worker to life-threatening danger or a serious risk to his health or safety as it couldn’t be confirmed he was assigned the task to replace the roofing tiles himself.
During the trial, the then-company administrator admitted to ordering the roof panel replacement but clarified that the victim was intended only to assist in transporting and delivering the acrylic panels, not to directly access the roof.
