Can INSS retirement be granted in cases of tendonitis? – Mix Vale

2023-09-16 22:58:38

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Can INSS retirement be granted in cases of tendinitis? Injuries caused by tendonitis cause many insured people to seek their rights to social security benefits and pensions from the INSS.

Although tendonitis can occur in various regions of the body, due to repetitive strain, this inflammation generally affects the elbows, hands, wrists and shoulders.

It’s no surprise, since this is a recurring injury, you must know a worker who suffers from tendinitis due to carrying out activities with intense efforts and movements.

According to the World Health Organization (WHO), the disease affects one in every 100 people. And, according to the National Social Security Institute (INSS), it is considered one of the most common causes of absence from work.

As this is a very serious issue, which can result in temporary or permanent disability for the worker, pay attention.

If you are INSS insured and suffer from tendinitis, there are 3 social security benefits that you can request from the Institute.

In this article, I will explain the 3 benefits above that you may be entitled to and how you can claim them.

1) What is tendonitis or RSI/WMSD?

Known as part of the group of Repetitive Strain Injuries (RSI) or as a Work-Related Musculoskeletal Disorder (WMSD), and also called RSI/WMSD, tendonitis frequently affects Brazilian workers.

Environments without adequate ergonomic conditions, uninterrupted movements and lack of breaks between work activities are fatal and can cause tendon injuries.

According to the Brazilian Society of Rheumatology (SBR), in addition to repetitive effort, there are other harmful overloads for the worker.

Excessive force when performing tasks and services performed with inadequate postures can also overload workers’ tendons.

Because of this, you must understand that tendonitis is considered an occupational disease, because it is an injury developed as a result of work activities.

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2) What activities can develop tendonitis?

There is no single activity that can develop tendonitis.

In fact, the list of activities that can cause tendon injuries is exhaustive, because the most varied professions have the possibility of causing injuries.

As I said previously, not only repetitive strain can cause tendinitis, but any function that overloads a worker’s limb.

Without a doubt, there are some professions that have a greater propensity to develop tendinitis, precisely because of the activities carried out, such as:

Imagine a teacher, an education professional who spends the whole day writing on the blackboard. This can overload your tendons and lead to tendinitis.

Also, think about an insured person who works full-time on the computer, typing and using the mouse incessantly.

In this case, although it is not necessary to move the arms, the efforts and repetitions are focused on the worker’s hands and wrists.

In addition to the possibilities above, other examples are cooks and cleaners.

Since both can strain your hands and wrists when exerting repetitive efforts, obviously, both functions are on the list of activities that have a chance of generating tendonitis.

As you may have noticed, numerous activities cause this occupational disease.

Maybe you just don’t yet know what benefits policyholders are entitled to request.

Whether due to swelling and excessive pain in the affected region, or due to the difficulty of working, because your job requires a lot of effort. The symptoms of tendonitis are varied.

In any case, you need to know that there are 3 possible benefits for the insured person affected by tendinitis, RSI/WMSD.

3) What benefits can tendonitis give you?

At the beginning of the content, I mentioned that, if you are an INSS insured person who suffers from tendonitis, there are 3 social security benefits that can be requested from the Institute.

Remember what these benefits are:

Next, to facilitate your understanding, I will explain each of the 3 benefits above, separately.

Stay tuned to try to identify which of the 3 you are entitled to.

4) Accident assistance

The first benefit that can be requested from the INSS is accident benefit.

If you have suffered a partial and permanent reduction in your work capacity, accident benefit, which is a compensation benefit, may rightfully be yours.

Below, I suggest you read three articles produced with great care by the Ingrácio team, if you want to understand the subject better:

5) Sickness benefit (temporary incapacity benefit)

The second benefit that can be requested is sickness benefit.

Following the Social Security Reform, in force since 11/13/2019, sickness benefit began to be called temporary incapacity benefit.

Therefore, if you are totally and temporarily disabled, whether due to illness or an accident, you may be entitled to sickness benefit.

Below, I recommend reading five articles, also produced with great care by the Ingrácio team, to help you learn more about this benefit:

6) Disability Retirement (retirement due to permanent disability)

The third possibility is disability retirement.

After the Social Security Reform, which came into effect on 11/13/2019, this benefit came to be called retirement due to permanent disability.

Therefore, to be entitled to disability retirement, you need to prove that there is a total and permanent incapacity to carry out your work activity.

It does not matter whether your lack of capacity is due to illness or as a result of an accident.

Both alternatives can grant your right to disability retirement.

Next, I recommend reading three excellent articles about disability retirement, produced with great dedication by the Ingrácio team:

7) Attention: be careful with the deficiency requirement

As a rule, both sickness benefit and disability retirement require a waiting period of 12 months.

Remember: grace period is the minimum number of months that the insured must contribute for the INSS to grant the right to social security benefits.

In the case of tendonitis, because it is considered an occupational disease, this means that the waiting period requirement is waived.

Now, if you have tendinitis, but the origin of the disease is unrelated to your work and the activities you perform, it is not an occupational disease.

In the latter case, there will be a 12-month grace period requirement, that is, you must have at least 12 months paid to the INSS.

8) What documents are required?

There is no point in knowing that your tendonitis is related to your work activities, but not having the necessary documentation to prove the injury.

Without supporting documentation, you will not be entitled to any of the benefits I mentioned in the previous topics.

Either way, don’t worry.

The documents I am going to report are very basic. Check out:

Important: the documents listed can help you pass the INSS examination.

Even though medical expertise is an essential step, the Institute’s expert may not be able to evaluate you solely and exclusively based on your situation, on the scheduled day and time.

In this circumstance, therefore, it is ideal that you have complete documentation at hand. It will be essential to prove the progression of tendonitis over time.

If you do not work as a registered employee or domestic worker, you can present proof of payment of your contributions.

That is, if these contributions do not appear in your National Register of Social Information (CNIS).

In fact, all the benefits I mentioned in this text can be requested through Meu INSS.

If expertise is necessary, you will have to appear in person at the Institute.

Conclusion

Policyholders with tendinitis, also called RSI/WMSD (Repetitive Strain Injury/Work-Related Osteomuscular Disorder), may be entitled to 3 social security benefits.

If you have tendonitis or know someone who faces this battle, accident benefit, sickness benefit and disability retirement can be granted by the INSS.

But, before requesting your benefit on Meu INSS, since there is the possibility of requesting it virtually, I suggest that you seek the help of a social security lawyer.

One of the most interesting alternatives, with the help of a specialist, is to create a Retirement Plan. With this, the lawyer will be able to guide you in detail.

In this sense, after your lawyer identifies that you are entitled to one of the 3 benefits and you schedule the medical examination at INSS, pay attention to the documentation.

During the evaluation, the expert will hardly be able to check your tendonitis with the naked eye. Therefore, it is extremely essential that you have complete medical documentation.

Later, if your benefit is not granted administratively, at the Institute, you and your lawyer can talk so that your right can be requested in court.

Did you like the article?

Even if you don’t suffer from the pain and discomfort of tendonitis, you probably know of a friend or relative who faces this type of musculoskeletal injury/disorder.

Therefore, share the content with as many people as possible.

Source: Ingrácio Advocacia – Lawyer Specialist in Social Security Law, partner and deputy director of Ingrácio Advocacia. She loves traveling and seeing new places, always accompanied by a good tea.