If the benefit is requested within the first 30 days from the time away from work.

The first 15 days of work will be paid by the Company, and from the 16th day on, the INSS (National Institute of Social Insurance) carries out the payment.

The legal definition of occupational accident is found in Article 19 of Law No. 8.213 of 1991:

“It is one that occurs by exercising work for a company, causing bodily injury or functional disturbance which causes loss or reduction of work capacity, temporary or permanent, or even death.” This is called the definition of the typical accident.

There have been some situations that legally equate to accident at work, which are: the Occupational Illness, Disease and Labor Accident path.

Occupational Illness can be understood as that produced by the exercise of peculiar work, specific to a given activity and that is recorded in relation of the Ministry of Labor and Social Security.

Disease Labor is acquired on the basis of special conditions under which the work is performed, and that he has a relationship with.

Accident Path, or “in intinere” as it is known, is the one that occurred on the path-way to work or return to the residence of the employee.

In the event of an accident at work, the employee should report it to the company, and the company, in turn, should report the event to Social Security through CAT – Notice of Injury within 24 hours, otherwise the company will suffer fine or penalties.

It is not because the employee has suffered a work accident and has been passed a period receiving INSS benefit that he is entitled to temporary stability.

In a very concise and objective way to verify whether or not the employee is entitled to temporary employment stability, one should verify the species of the pension benefit received, i.e., the pension sickness benefit (31 species) does not generate stability but Accident sickness benefit (91 species) confers stability.

Consider the terms of the legislation:

Art. 118. The insured, who suffered a work accident, has guaranteed for the term less than twelve months, the maintenance of your employment in the company after cessation of Accident sickness benefit, regardless of perceived of accident assistance.

The accident at work, when recognized as such by the INSS, generates benefit of the specie 91, which becomes obviously sickness benefit due to labor accident.

In terms of the article 118 of Law 8.213/91, is required as a prerequisite to the right to temporary stability, that employee has been away for more than fifteen (15) days, realizing Accident sickness benefit (specie 91), whereby the perception of common sickness benefit (B31) is not sufficient to do arise the right sought.

According to the new understanding of the Superior Labor Court (TST), the employee submitted to the contract for a definite term, having as one of its main species the contract of experience, is entitled to temporary stability according docket 378, III TST.

Similarly, it applies to a pregnant employee hired under contract for a definite period shall be entitled to stability under the new wording of the docket 244, III TST.


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