10 INSS diseases that most alienate workers – Mix Vale

2023-08-28 01:47:46

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10 INSS diseases that most alienate workers The main cause of absence from work recorded in the first seven months of 2023 was myoma (leiomyoma), a benign tumor of the uterus.

According to survey of Ministry of Social Securitymade at the request of R7from January to July this year, the INSS (National Institute of Social Security) granted 21,455 disability benefits, the former sickness allowance, because of myoma.

Next are lumbar disk disorder, with 21,326 benefits granted, and low back pain (lumbago), with 21,166 cases.

The survey considers only those absences for more than 15 days and which, consequently, generated a benefit to the INSS insured person.

Labor lawyer Ruslan Stuchi, a partner at the Stuchi Advogados law firm, says that most illnesses related to INSS leave are directly linked to work. They are developed by the worker as a result of accidents or repetitive strain work.

Myoma is not directly related to work. “We can say that it is of a genetic nature, that his removal generates social security rights, but there is no labor responsibility”, explains the lawyer.

The number of these cases in the INSS may be related to the incidence of the disease in the female population. According to Febrasgo (Brazilian Federation of Gynecology and Obstetrics), it is estimated that 80% of women of childbearing age have fibroids at some point.

In the related table, the diseases are of an orthopedic nature that lead to a temporary reduction in work capacity, which suggests sick pay or even permanent disability leading to disability retirement

Ruslan Stuchi

The fact that the main cause in 2023 was a benign tumor of the uterus surprised labor lawyer Lariane Del Vecchio, from the Aith, Badari e Luchin Advogados law firm. “In my opinion, what most distances me would be work-related problems, back problems, ergonomic illnesses, stress and anxiety, burnout syndrome or repetitive strain injuries. It really surprises me because it’s something I don’t see on a daily basis,” said the lawyer.

She explains that the temporary disability benefit can be requested after the 15th day of validity of the medical certificate. Before that, the company must pay. Del Vecchio advises the worker to pay attention to whether it is a normal disease or an occupational disease, the one caused by work.

“In this case, the value of the benefit is greater and generates more rights, such as stability in the company after medical discharge and payment of the guarantee fund by the company in the period. That’s what you have to watch out for,” he warns.

Another point is that the value of the disability retirement benefit is lower than that of the sickness benefit. As a result, it is more interesting for the worker to receive sickness benefit and ask for an extension, if he is not well, than to opt for disability retirement. The calculation is made as if the person were already retiring, while the aid amount is equivalent to about 91% of the salary.

“I think you have to pay attention to this, whether the leave is due to an accident or illness at work or if it is something degenerative that is unrelated, because they are different benefits and generate different reflexes”, adds the lawyer.

Del Vecchio also highlights that the extension of the aid is not done automatically by the INSS. The person must ask for the extension 15 days before the benefit expires, if he has not yet recovered.

For attorney José Eduardo Pastore, a partner at Pastore Advogados, some illnesses could be avoided if employers focused more on prevention. “What I notice is a lack of attention on the part of companies to prevention. Both in physical illnesses and in emotional illnesses, a significant part of them occur due to a lack of attention to prevention”, says the lawyer.

According to Pastore, after the pandemic came other types of health problems due to diseases linked to technologies. He mentions, for example, the use of computers and virtual meetings at home offices. “Therefore, there is a trend today towards the right to disconnect. The right that the worker has to disconnect from technologies.”

Companies end up neglecting preventive measures. These are diseases that could be avoided, that could be mitigated. We have in labor law in Brazil an arsenal for this, such as regulatory norms, prevention issues in the social security field, health and safety, resignation examination. If we have this whole arsenal, these tools, and workers still get sick, it means that there is a lack of attention to prevention.

JOSE EDUARDO PASTORE

benefit granting

Recently, the INSS changed the granting of the benefit for temporary incapacity. Now, the issuance of the conclusive opinion of the federal medical expertise is no longer necessary.

To grant the benefit, you must send a list of documents. According to the INSS, the maximum period for granting the benefit will be 180 days. If the application is denied, a new application can be requested within a maximum period of 15 days.

Documents can be sent through the My INSS app or through the website. The application can also be made through Central 135, but the benefit will be pending until the documents are delivered to a Social Security Agency (APS) or attached through the Meu INSS platform.

According to the INSS, the following information must be sent:

full name of the insured;
date of issue of the document — it cannot be more than 90 days;
full diagnosis or International Classification of Diseases (ICD) code;
signature and identification of the issuing professional, with name and registration in the class council, or stamp;
start date of leave or rest; It is
estimated time required for rest.

For more information or questions about the service, contact the INSS Service Center by phone 135. The service is available from Monday to Saturday, from 7:00 am to 10:00 pm (Brasília time). Source R7