07/05/2024 – 6:00
Professionals who work under the CLT regime, popularly known as “signed employment contracts”, or who contribute to Social Security independently are entitled to receive assistance for temporary incapacity caused by a work accident.
To be considered an accident at work, it must have occurred while performing an activity for the company or domestic employer. The accident may have occurred in any work environment – whether in offices, factories or construction sites – or even on the way between work and home.
What can be considered an accident at work?
1- Occupational disease
Disease caused or triggered by the performance of work specific to a given activity and included in the respective list prepared by the Ministry of Labor and Social Security; and
2- Occupational disease
Disease acquired or triggered due to special conditions in which the work is carried out and is directly related to it and is included in the respective list prepared by the Ministry of Labor and Social Security.
Social Security also considers:
3 – An accident related to work which, although not the sole cause, directly contributed to the death of the insured, to the reduction or loss of his/her ability to work, or caused an injury that requires medical attention for recovery;
4 – Accidents at the workplace and during working hours, as a result of:
- act of aggression, sabotage or terrorism carried out by a third party or co-worker
- intentional physical harm, including to a third party, due to a work-related dispute
- act of imprudence, negligence or lack of skill by a third party or work colleague
- act of a person deprived of the use of reason
- collapse, flood, fire and other unforeseeable circumstances or arising from force majeure
5- Disease resulting from accidental contamination of the employee while carrying out his/her activity
6- Accident outside the workplace and working hours:
- in the execution of an order or in the performance of a service under the authority of the company or domestic employer
- in the spontaneous provision of any service to a company or domestic employer, to avoid loss or provide benefit
- when traveling for the company or domestic employer, including for study, when financed by the latter, within its plans for better training of the workforce, regardless of the means of transport used, including a vehicle owned by the insured
- on the route from home to work or from work to home, regardless of the means of transport, including a vehicle owned by the insured.
Social Security warns that it is the employer’s obligation to register the Work Accident Report (CAT) by the first business day following the occurrence of the work accident, or in the case of death, immediately.
The company where the employee works must provide protective equipment if necessary.
Atestmed
In March, Social Security released the possibility of requesting a temporary disability benefit through documentation analysis, the so-called Atestmed, in cases of work accidents with absence of up to six months (180 days).
To apply for accident-related sickness benefit through Atestmed, the worker must enter the Work Accident Communication (CAT) into the National Institute of Social Security (INSS) system with medical documentation.
According to Social Security, the documentation will be analyzed by a medical expert remotely.
If the insured person does not have access to the internet, they must go to a Social Security agency with the documentation, where they will receive assistance from a server to apply for the benefit through Meu INSS. In the list of documentation, in addition to the medical and identity documents, the CAT may also be attached.
CAT – Communication of Work Accident
The Work Accident Report is a document issued exclusively electronically, via the Social Security website.
In-person service may exceptionally be provided at Social Security Agencies, provided that it is scheduled in advance by calling 135.
Check out the step-by-step guide to taking the CAT
1. On the Meu INSS home screen, choose the option “Request disability benefit”. You do not need a login and password.
2. Click on “New application”.
3. Choose the option “Temporary disability benefit (sickness benefit)” and follow the instructions.
4. Read the information on the screen and click “Aware”.
5. After checking the information on the screen, select “Next”.
6. On the next screen, pay attention to the following points:
a) Check your registration data
b) Enter your cell phone number or contact telephone number
c) Indicate whether you prefer to monitor the progress of your application via Meu INSS, Central 135 or telephone.
7. Next, in “Additional Data”, enter the medical document details: date of issue and whether the rest period has started.
8. Below, in the “Worker Category” field, you must enter the data for the current activity.
9. When employed, it will be necessary to complete the following information: date of the Last Day Worked (DUT) and employer’s CNPJ or specific INSS registration.
10. At the end of the screen, attach the necessary documents: identity document and medical document (certificate, report or report) and the CAT, if applicable. Each document must be up to 5MB and the sum of all attached documents must be a maximum of 50MB.
11. When entering the zip code of the location, the available INSS agencies will appear.
12. Choose the INSS agency closest to your home.
13. Select an agency for payment and click “Next”.
14. Confirm the application data, click on “I declare that I have read and agree with the information above” and then on “Next”.
Benefit calculation
The amount of aid to be granted is based on a calculation that considers a series of factors, and is not equal to the remuneration received.
The basic calculation period consists of contributions made from July 1994 onwards, provided they are equal to or greater than the minimum wage. Based on these contributions, the benefit salary is calculated, which is obtained by the simple average of all contribution salaries and remunerations for the period.
The monthly benefit income will be equal to 91% of the benefit salary. The benefit amount cannot exceed the simple average of the 12 most recent contribution salaries since July 1994.
The calculated income cannot be below the minimum value nor above the maximum contribution salary value, currently R$1,412 and R$7,786.02, respectively.
For taxpayers who pay Social Security on their own, whether individually or optionally, the months in which the contribution was not paid are discarded.
Contributions in arrears collected after the triggering event (for example, after the accident or the onset of the illness that caused the inability to work) are also not taken into account.
Letter of concession
When a social security benefit is granted, the INSS issues a document called a grant letter. The information contained in the letter includes the calculation method and the amount of the benefit.
See how to consult the concession letter:
- Access Meu INSS via the website or app for Android and iOS
- Click on “Log in with gov.br”
- Enter your CPF and password and click “Enter”
- Click on “What do you need?” and write “grant letter”
- Locate and click on the benefit – the letter will be generated automatically
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