Photo: Anna Shvets/Pexels
In 2021, more than 570 thousand accidents and more than 2 thousand deaths associated with work were reported in the country, an increase of 30% compared to 2020, according to the Occupational Safety and Health Observatory. The entity points out that the National Institute of Social Security (INSS) granted 2.5 million accident benefits between 2012 and 2021.
“Some doubts permeate this topic, as we have accident aid, temporary accident aid and retirement for accidental permanent disability. There are three types of benefit for disability, when insured persons are unable to work due to some disabling illness or sequel or reduction in work capacity after an accident”, he explains. Atila Abella, co-founder of lawtech social security specialist, largest platform for calculations, petitions and social security processes in Brazil.
What are the differences between them?
The three are accident benefits paid by the INSS to employees who are contributing to Social Security. Retirement due to permanent accidental disability (former disability retirement) is intended for the insured person who is totally and permanently unable to carry out his/her activities.
The aid for temporary accidental incapacity (formerly illness aid) is intended for the insured person who is temporarily incapacitated, as he fell ill as a result of his job, that is, he had to leave work, but has a forecast to return. And the accident allowance is intended for employees who have had an accident, which can be of any nature, resulting in injuries or sequelae that reduce their ability to work.
Who has the right?
The expert explains that accident victims need to meet certain requirements to access benefits:
- Be contributing to Social Security or be in the grace period;
- Be in the condition of urban employee, special insured, domestic employee or independent worker;
- Having had an accident during work or suffering from any illness caused by work;
- Go through the INSS medical examination.
Finally, Abella points out that the subject is one of the main causes of litigation against the INSS, and that in case of disagreement with the result of the medical examination, the insured must seek social security lawyers to file an action to obtain the benefit in court.
Source: Air Agency