01/15/2024 – 15:00
Data from the Ministry of Social Security indicate that more than 2.5 million people had benefits granted due to temporary incapacity at work in Brazil in 2023. Problems such as herniated discs and low back pain lead the causes of absence.
+Sanctioned law that changes the rule for choosing taxation in a supplementary pension plan
The benefit is granted by the National Social Security Institute (INSS) when the worker needs to be away from work for more than 15 days due to illness. To obtain the benefit, it is necessary to undergo a medical examination carried out by the INSS itself.
According to the Ministry of Social Security, in addition to herniated discs and low back pain, the most prominent illnesses in workers' absence records are below. See the ranking of the ten most cited diseases among beneficiaries:
- Disc herniation | 51,543 requests
- Low back pain | 49,964 orders
- Leiomyoma of the Uterus | 41,888 requests
- Fracture of the Distal End of the Radius | 39,666 orders
- Other Intervertebral Disc Disorders | 37,840 orders
- Rotator Cuff Syndrome | 35,267 requests
- Cholelithiasis | 30,876 orders
- Inguinal Hernia | 29,749 orders
- Mixed Anxiety and Depressive Disorder | 28,514 orders
- Shoulder Injuries | 28,320 orders
Compared to 2022, Social Security points out that the number of workers with herniated discs grew by 68%. That year, the disease ranked fourth on the list and 30,600 benefits were granted to workers for this reason.
Still in 2022, the ranking was led by uterine fibroids, with 36,600 workers on leave, followed by wrist fracture (32,000 benefits) and lower back pain (31,000 benefits). The three diseases increased in 2023.
When the worker can be removed
According to the social security lawyer and partner at M. Faiock Sociedade Individual de Advocacia, Maria Faiock, the Temporary Incapacity Benefit, previously known as sickness benefit, is a social security benefit, paid by the INSS to insured people who are unable to work in a total and temporary.
Also according to the lawyer, incapacity for work may occur due to illness or accident, whether or not related to the work performed by the insured person. When the benefit is granted because it is related to work, the insured person acquires some rights in addition to receiving the benefit, such as minimum stability of 12 months after returning to work and the payment of FGTS during the period of absence.
“For workers with a formal contract (CLT), the benefit is due from the 16th day of leave and the first fifteen days are covered by the employer. Self-employed insured persons and domestic employees receive the benefit from the first day of leave”, explains Faiock.
It also reminds us that, if the benefit is granted for any reason without being related to work, the insured receives only the installments of the benefit for the period of absence, without any employment guarantee.
“It is important to highlight that the insured person who is unable to work needs to demonstrate their incapacity through medical reports, reports and examinations. These documents can be obtained from either the public or private health network. The medical report must contain essential information so that the expert can assess the incapacity such as: ICD (International Code of Diseases), estimated time of absence, treatments carried out, medications administered and, in case of consolidation of sequelae, their impact in the worker’s working life”, adds the lawyer.
For workers with a formal contract (CLT), the benefit is due from the 16th day of absence and the first fifteen days are covered by the employer. Self-employed insured persons and domestic employees receive the benefit from the first day of leave.
How to request the benefit
To apply for temporary disability benefits, the insured must present the relevant medical documentation, as well as be insured. The status of insured remains for the worker who is contributing to social security for a minimum period of 12 months or is in a grace period, that is, not contributing to social security (in the case of employed or self-employed workers) for the maximum period. of 12 months, this period may be increased to another 12 months in the case of unemployment with proof of receipt of unemployment insurance or an additional 12 months if you have remained insured for 10 years.
“The procedure for applying for the benefit can be done via the MY INSS app, by calling 135 or directly at INSS agencies. Initially, the worker should always look for digital means, and in case of technical problems or data discrepancies, they should call 135 or look for an INSS agency”, advises Faiock.
The granting and deadline for receiving the benefit will depend on the analysis of the INSS medical expert, who will evaluate the medical documentation presented and, if necessary, carry out a physical assessment. It is worth noting that the insured person loses the right to receive the benefit when the expert determines their ability to return to work.
“In cases of disagreement with the decision of the medical expert, that is, in the case of initial increases or denials of the benefit, the insured person who feels harmed can formalize an appeal with the INSS or seek the Judiciary to be evaluated by a judicial expert. ”, adds the lawyer.
#Social #Security #granted #million #temporary #disability #benefits
