After a serious accident at work, a St. Gallen resident wants to fight his way back into life. Because of the severe pain, he cannot do anything. The situation is getting more and more difficult for his family.
Deyvison Castoldi, born in St. Gallen and Brazil, is still suffering from the consequences of an industrial accident to this day. The accident occurred in a local slaughterhouse.
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He fell about two meters from a hydraulic lifting platform: taken from the slaughterhouse.
That's what it's about
In February 2020, Deyvison Castoldi suffers a serious one Work accident.
Among other things, he was diagnosed with a traumatic brain injury.
To this day, he has not been able to work because of the pain.
As a call for help, he and his wife set up crowdfunding.
To this day, Deyvison Castoldi, born in St. Gallen and Brazil, suffers from the consequences of an accident at work that occurred in February 2020 happened. Castoldi was working in a slaughterhouse at the time. While he was at work, he fell two meters from a hydraulic platform. When he hit his head on the floor, he said he suffered a severe traumatic brain injury and passed out for a short time.
According to his descriptions, his employer at the time did not act and did not call an ambulance. “I was just at home when his supervisor called and told me something had happened,” said his wife Livia Castoldi for 20 minutes. Without further ado, she took a taxi to pick up her husband. He was diagnosed with traumatic brain injury in hospital. Not all injuries were diagnosed, according to his wife. “He was sent to the chiropractor and it was only later that it turned out that he had two broken ribs,” says Castoldi.
Plagued by pain
Three months after the accident, the doctor's certificate was changed from accident at work to illness. “The doctor said otherwise there would be problems with the insurance,” says Castoldi. In August of last year, six months after the accident, he was fired. “We went to the employer a few times and looked for an interview, but without success.” Since then he has been receiving daily sickness benefits from the RAV, which are slowly coming to an end. In addition, the accident insurance does not want to pay the medical bills, as in their opinion the complaints did not originate from the accident.
Her husband is still plagued by pain, especially on the right side of his chest. Also his hand, which was injured in the fall, and his back. “He keeps trying to work, but it ends because of the pain in the emergency room,” says Castoldi. The 30-year-old, who works full-time, is severely stressed by the situation. «You reach your limits. We have now reached a low point, ”she says.
When can my employer terminate me due to illness?
According to the State Secretariat for Economic Affairs SECO, the employee is protected from dismissal for a certain period of time (blocking period) for the duration of the absence from work. However, such a blocking period only applies after the trial period has expired. The law (Art. 336c OR) provides for the following embargo periods:
in the first year of service: 30 days
in the second to fifth Year of service: 90 days
from the sixth year of service: 180 days
A termination made during the blocking period is void. The employer must therefore terminate the employment relationship again when the employee returns to work or after the blocking period has expired in order to be able to legally terminate it. Otherwise, the contract continues as normal.
The blocking periods only apply if the employer terminates the contract. If the employee resigns himself or herself, he or she cannot invoke a blocking period. This also applies if the employment relationship has been terminated by mutual agreement.
Because of their situation, they have now set up crowdfunding. On the one hand, her husband wants to finance retraining to become a tattoo artist. On the other hand, you want to reach people above all. “We hope that we will be helped and that we will finally be taken seriously,” says Castoldi. Above all, he needs the money to pay medical bills and deductibles. With the early discontinuation of daily sickness benefits, you will find yourself in a very difficult financial situation. “The next step would then be the social welfare office,” says Castoldi.
His former employer, a local slaughterhouse, confirms the accident at work, but distances himself from Castoldi's statements regarding the accident. From his point of view, the accident was far less serious. “It wasn't a bad accident. That's why the ambulance was not called, ”says a company representative. He was also available the whole time and was then picked up by his wife. The termination will be confirmed by the former employer. “The man no longer works for us”, it says on request from 20 Minuten.
Do you have any questions about your rights as a patient?
You can find help here:
Umbrella Association of Swiss Patient Agencies
Swiss Foundation for Patients Organization
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