The accident aid is a social security benefit granted to the insured person of the National Institute of Social Security (INSS) who is left with some sequel or limitation that prevents him from performing work that he previously carried out on a daily basis, as a result of an accident, irrelevant being the occasion of this accident. in a work environment or of any other nature.
The purpose of the benefit is to mitigate losses resulting from reduced work capacity.
It is paid regardless of whether the worker is employed or not, and is like compensation for damages suffered as a result of the accident, paid in the form of a salary supplement, with its value calculated as 50% of the worker’s average salary, considering if the INSS contribution period.
I, social security lawyer Diego Idalino Ribeiro, explain that the granting of accident aid has some metrics. To be entitled, the worker needs to prove that he suffered an accident that left sequelae or limitations that affect his ability to work.
It is important to remember that the right to benefit does not prescribe, and even if years have passed since the accident, it is possible to seek retroactive accident assistance up to five years before the claim. If the worker cannot prove the relationship between the consequences and the accident, the benefit may be denied.
Read also: INSS: How to Apply for Accident Assistance?
How much do you earn from accident assistance?
The value of the accident aid is a complement to the worker’s income and is calculated at 50% of the amount that would be paid in a disability retirement resulting from the accident. For example, if the average worker’s contributions to the INSS is R$ 3,000, the amount of the accident allowance will be around R$ 1,500. If the average contribution is one minimum wage, the amount of the accident allowance will be half the minimum wage.
Read also: Accident Assistance: Is It Possible to Reactivate Benefit?
Is it necessary to be totally incapacitated to receive accident assistance?
A common misconception is to believe that, to receive accident assistance, the worker cannot be working or cannot return to work. This is not true.
The benefit can be paid even if the worker is employed and continues to work normally. The only requirement is that the worker has had an accident and is suffering from any sequelae or limitations resulting from the accident. You can even receive the arrears of the accident aid.
Read also: Amputation Entitled to Accident Assistance?
So, how do I know if my accident/sequel/limitation is worth an accident allowance?
The benefit granted in the amount of 50% of the average salary can be considered a high amount. Therefore, what may be limiting your ability is not a complete disability, but a significant limitation.
In order to apply for benefits from the INSS, you are often required to have a considerable limitation, but there are court decisions that recognize that any limitation, even a minimal one, may be sufficient to receive the benefit if you need to make a greater effort than before to carry out his usual activity as a result of the accident.
If this is your case, it is important to seek expert help from a lawyer to analyze the situation and see if it is possible to file a lawsuit.
If the accident was at work, the lawyer can file a claim in state court, while for other types of accident, action must be taken by federal court. The lawyer will help you find the best way forward.
Original by Diego Ribeiro