Introduction to Occupational Accidents and Work Related Diseases
This article aims to clarify the rights, work related diseases and occupational accidents. To this end, we discuss topics on the procedures with social security, legal action and define the technical terms commonly used in the theme.
Accident at Work
The accident at work occurs when a worker suffers injury, functional disorder or disease in the workplace and during work. To do so, must be satisfied the requirements of art. 86 of Law No. 8.213/91 - namely, reduced capacity for work that normally exercised.
The industrial accident or occupational disease cause rights as assistance payment, compensation, pensions or job security. In case of industrial accident, the employer may require the payment or performance of obligation by the Labour Court. The court, in turn, judge, taking into account expert evidence, documentary or testimonial.
Indemnity in Occupational Accidents and Work Related Diseases
For there to be compensation, there must be proof that, in fact, sickness or accident was caused by fault of the employer, that is, this is negligence, recklessness or malpractice.
It should be noted that the employee will be entitled, if the incident occurred during the course of the employee to work or on your return or during the meal break and rest, as well as on business trips or any other activity connected to it, such as courses offered or requested by the company.
In some cases that there may be setting if the injury or occupational disease was generated by the fault of the employer, it is necessary to carry out medical examination. The medical expert can recognize whether or not the "causal link", ie the relationship between work and the fact harmful. In other cases, it is also necessary to survey the job site.
CAT
The company will perform the "Notice of Injury" - known by the acronym CAT - INSS, in order to register Accident or Occupational Disease.
For the receipt of welfare benefits after Occupational Accidents and Work Related Diseases, the worker must have a minimum of 12 months of contributions to the INSS. This period is not required in case of accidents arising out of work.
Stability
The employee, after the return of the removal, be entitled to one year of tenure. Remember that at any time, you can open a CAT re-opening, in case of worsening of the disease or injury.
Labor Court
As already mentioned, the employee may apply to the Labour Court a compensation equivalent, either by physical damage, such as medical expenses, transportation, medications, as well as compensation for moral damages. The claims must be accompanied by evidence, whether by means of documents, witnesses or expert.
Disability retirement
If deemed totally and permanently unable to work and is not capable of rehabilitation activities for the year to ensure sustenance, observed the grace period, if applicable, the employee shall be entitled to disability retirement.
Sickness
The disease is treated as occupational accident at work, generating the same rights and benefits.
The application of the sickness is due to the employee (insured) who become unable to work or usual activities because of illness for a period longer than 15 days, and, if necessary, after the grace period. For this application, the evaluation will be conducted medical expert in the Social Security Agency selected. The test will verify whether or not the worker is incapacitated for the task.
Requirements
There are some cumulative requirements for receiving this benefit, they are: the opinion of the medical report attesting to the disability and / or mental work or personal activities; prove their capacity as insured and lack of at least 12 monthly contributions.
The period of 12 contributions, it is not necessary in case of accident of any kind (by accident or out of work) is a requirement only in the case of occupational disease.
The sickness will be granted even without complying with the minimum contribution period (1 year), provided that the employee has quality assured, in cases of active tuberculosis, leprosy, insanity, cancer, blindness, crippling and irreversible paralysis, severe heart disease, Parkinson's disease, ankylosing espondiloartrose, severe kidney disease, Paget's disease (osteitis deformans) advanced stages of acquired immune deficiency syndrome (AIDS) or contaminated by radiation (proven in the medical report). (Source: previdencia.gov.br)
Common diseases
The most common diseases are: RSI (Repetitive Strain Injury), also known as LTC (Cumulative Trauma Injury) and WMSD (Work-related musculoskeletal disorders), tendonitis (inflammation of the tendon that through excessive repetition of a same movement) and tenosynovitis (excessive friction arises from the tendon that connects muscle to bone). The diffusion of information technology had a major contribution to the development of these illnesses.
The professional classes have more diseases and above are: clerks, secretaries, bank operators, assembly line and call center operators and telemarketing.
There are also cases of bronchitis, generated by chemicals, diseases of the respiratory system and skin, such as silicosis, asbestosis, contact dermatitis, occupational skin cancer. The aggressors can be physical, chemical or biological.
Conclusion
Prevention remains the best way to prevent Occupational Accidents and Work Related Diseases. The guidelines and training programs as well as the provision of protective equipment (PPE), are less costly measures, compared to the payment of damages determined by court decisions or administrative procedures with Social Security.