2024-11-17 14:30:00
Accident benefit is an INSS benefit for workers who suffer permanent injuries resulting from work accidents.
This benefit makes it possible to compensate for the loss of work capacity and guarantee financial assistance that minimizes the economic impact caused by the injury.
However, many Brazilians are unaware of how accident assistance works, who is entitled to it and how to request it from the National Social Security Institute (INSS).
What is accident assistance?
Accident benefit is a compensation benefit paid by the INSS to workers who, as a result of an accident, suffer permanent physical or mental limitations that impact their ability to carry out their professional activities.
Unlike other social security benefits, accident benefit does not have the function of replacing the worker’s source of income, but rather of supplementing the salary, offering financial support while the worker adapts to the new working condition imposed by the sequel.
This benefit is granted exclusively when the accident results in a permanent sequelae that reduces the worker’s working capacity, without, however, causing complete removal from employment.
Therefore, it is worth remembering that accident assistance aims to help the worker maintain their quality of life and face the limitations imposed by the injury, allowing them to continue with their professional activity in an adapted manner.
Right to accident assistance (Photo: freepik)
Who is entitled to accident assistance in Brazil?
To be entitled to accident benefit, the worker must have suffered an accident that results in permanent sequelae, compromising their ability to perform their professional duties in the usual manner.
However, this benefit depends on a series of requirements and conditions established by social security legislation.
In addition to proving the injury and permanent sequelae, the worker must meet criteria such as insured status and compliance with specific INSS requirements for the benefit to be approved.
Therefore, the right to accident assistance is not automatic and requires the worker to prove both the occurrence of the accident and the reduction in their work capacity.
Requirements for requesting accident benefit after a work accident
To request accident assistance, the worker must meet some specific criteria established by social security legislation.
The first criterion is to be linked to the Social Security as insured, including both workers with a formal contract and self-employed people who contribute to the INSS.
Furthermore, the accident must have caused an injury that results in permanent sequelae, that is, a lasting limitation in the ability to perform usual professional functions.
It is important to highlight that the accident can be either work-related or not directly related to professional activity, if it results in a sequelae that compromises work capacity.
Another fundamental requirement is the partial and permanent reduction of working capacity. Even if the worker is able to perform other functions, the injury must cause some degree of loss of ability to perform usual activities.
Finally, the granting of accident aid depends on a medical evaluation carried out by the INSS.
The worker must undergo an examination, which will be responsible for verifying the existence and extent of the consequences resulting from the accident. The decision on granting the benefit will be based on this assessment.
Social Security unit (Credits: Gov)
How to request accident assistance from the INSS
Requesting accident assistance involves a process that requires care and organization, as it is necessary to meet specific requirements and present appropriate documentation.
The worker who wishes to request the benefit must follow some fundamental steps to ensure that the request is correctly analyzed by the INSS.
Among the essential steps are the presentation of documents proving the accident, the resulting injury and the reduction in work capacity, whether partial or permanent.
In addition, the worker will need to undergo an INSS medical examination, which will assess the extent of the injury and determine the existence of permanent sequelae.
It is essential that all required documents, such as medical reports and exams, are complete and up to date, to facilitate analysis and approval of the request.
Following these steps correctly increases the chances of granting the benefit more quickly and efficiently.
Documentation required to apply for accident assistance
Among the main documents required are the identification document (RG and CPF), in addition to the work cardwhich serves to prove the worker’s employment relationship and insured status at the time of the accident.
If the worker is self-employed, it is also necessary to present the proof of contribution to INSSsuch as Social Security contribution payment receipts.
In addition, the worker must provide medical reports and certificateswhich detail the injury suffered and its relationship with the accident, as well as medical examinations that prove the permanent sequelae resulting from the incident.
Finally, if the accident occurred during the performance of the function, the employer must issue the CAT (Work Accident Report)an essential document for requesting benefits related to the accident.
Accident undergoing treatment (Photo: Freepik)
Deadline to request the benefit after the injury suffered
Although there is no fixed deadline established for requesting accident benefit, it is highly recommended that the worker make the request as soon as possible after discovering the injury.
The sooner the worker formalizes the request, the more agile the process of analyzing and granting the benefit will be.
The immediate request helps to avoid possible complications or delays, allowing the worker to begin receiving assistance more quickly, especially when the consequences resulting from the accident impact their ability to work.
Furthermore, the closer the request is made to the time of the injury, the greater the likelihood that the INSS will consider the conditions of the sequelae in a clearer and more objective way, facilitating the approval of the benefit.
Amount and duration of accident aid for beneficiaries
The value and duration of the accident benefit are determined by a series of factors, especially the INSS calculation based on the worker’s salary and the reduction in their work capacity.
Civil construction (Image credits: BMZ Advogados)
Consult a specialized lawyer to help with the aid request process
Requesting accident assistance can be a complex process, especially as it involves expertise and documentary requirements.
In many cases, the support of a lawyer specializing in social security law is essential to ensure that the worker is correctly following all the steps and requirements.
One specialized lawyer can help organize the necessary documentation, guide during the medical examination process and accompany the worker in possible appeals in case of denial by the INSS.
Therefore, counting on the help of a professional can increase the chances of success in the request, ensuring that the worker’s rights are respected.
Featured image: freepik
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Who is eligible to receive accident benefits from the INSS in Brazil?
**Interview with Dr. Ana M. Ribeiro on Accident Benefit in Brazil**
**Editor:** Good afternoon, Dr. Ribeiro. Thank you for joining us today to discuss accident benefits under Brazil’s National Social Security Institute (INSS). Can you start by explaining what the accident benefit is?
**Dr. Ribeiro:** Good afternoon! Absolutely. The accident benefit is a form of financial assistance provided by the INSS to workers who suffer permanent injuries from work-related accidents. Unlike traditional salary replacements, this benefit aims to supplement income while the worker adjusts to their new capacities post-injury.
**Editor:** That’s informative! Who qualifies for this benefit in Brazil?
**Dr. Ribeiro:** To be eligible, a worker must demonstrate that they have sustained permanent sequelae which affect their ability to perform their usual job functions. This means the injury doesn’t completely remove them from work but does limit their capacity in some way. Additionally, they must meet specific criteria set by social security legislation, such as proving their insured status and fulfilling documentation requirements.
**Editor:** Can you elaborate on the process of applying for this benefit? What should workers do?
**Dr. Ribeiro:** Certainly! Workers need to gather and present a series of documents, including their ID, work card, medical reports detailing the injury, and any proof of contributions to the INSS if they’re self-employed. After that, they must undergo a medical examination conducted by the INSS to assess the extent of their injury and the resulting limitations.
**Editor:** That sounds quite detailed. What happens if a worker delays their application? Is there a deadline?
**Dr. Ribeiro:** While there isn’t a strict deadline for applying, we strongly recommend that workers submit their requests as soon as they are aware of their injury. Prompt application tends to expedite the process and ensures that their circumstances are evaluated in a timely manner.
**Editor:** Thank you for clarifying that, Dr. Ribeiro. Is there anything else you wish to add about this benefit?
**Dr. Ribeiro:** Yes, I’d like to emphasize the importance of workers being informed about their rights and the process. Many individuals remain unaware of their eligibility for this benefit, so awareness is crucial. Proper documentation and timely applications can significantly improve the chances of receiving the necessary support.
**Editor:** Thank you for your insights, Dr. Ribeiro. It’s been a pleasure discussing such an important topic.
**Dr. Ribeiro:** Thank you for having me! It’s vital to ensure workers know their rights regarding accident benefits.