Work accidents and occupational diseases: rights at the INSS

The essentials

What changes when the accident is work-related

The work-related nature of the benefit is not a minor detail: it changes the minimum contribution period, job security, FGTS and the amount of disability retirement. That is why reporting the accident and proving the link to your work carry so much weight.

Qualifying period Nominimum contribution Disability benefits resulting from an accident or an occupational or work-related disease do not require a minimum number of contributions (Law 8.213/1991, art. 26, II).

Report (CAT) 1stfollowing working day Deadline for the company to report the accident to Social Security; in the event of death, immediately. Without a CAT from the company, you can issue it yourself (art. 22).

Job security 12months minimum Continuation of the employment contract after the end of work-related sickness benefit (auxílio-doença acidentário) (art. 118).

Disability pension (aposentadoria por incapacidade) 100%of the average When permanent disability results from a work accident or an occupational or work-related disease (EC 103/2019, art. 26, § 3º, II).

What counts as a work accident

Not every work accident happens at the workplace

The law treats typical accidents, work-related diseases and a range of equivalent situations as work accidents, including outside the workplace and working hours.

Typical accident

“An accident at work is one that occurs through the performance of work in the service of a company or a domestic employer […], causing bodily injury or functional disturbance that results in death or the permanent or temporary loss or reduction of working capacity.”
Law 8.213/1991, art. 19

This also applies to the work of special insured workers (segurados especiais), such as small-scale rural producers and artisanal fishers working under a family economy regime (art. 19).
The company is responsible for collective and individual protection and safety measures and must provide detailed information on the risks of the operation and the products handled (art. 19, §§ 1º and 3º).
During meal or rest breaks, at the workplace or during working hours, the employee is considered to be in the performance of work (art. 21, § 1º).

Occupational disease and work-related disease

Diseases linked to work are considered work accidents (Law 8.213/1991, art. 20):

Occupational disease: produced or triggered by the performance of work specific to a given activity and listed on the official schedule (item I).
Work-related disease: acquired or triggered due to special conditions under which the work is performed and directly related to it, also listed on the schedule (item II).
Outside the official schedule: in exceptional cases, a disease resulting from special working conditions and directly related to the work must also be considered a work accident (§ 2º).
What is excluded: degenerative diseases, those inherent to an age group, those that do not cause disability and endemic diseases of the region — in the latter case, unless there is proof of exposure or direct contact determined by the nature of the work (§ 1º).

In the case of diseases, the date of the accident is the date of onset of the disability, compulsory isolation or diagnosis — whichever occurs first (art. 23).

Outside the workplace and working hours

An accident suffered by the insured person is also a work accident, even if outside the workplace and working hours (Law 8.213/1991, art. 21, IV):

when carrying out an order or performing a service under the authority of the company;
when spontaneously performing any service for the company to prevent loss or provide a benefit to it;
while travelling on company business, including for study financed by the company, regardless of the means of transport, including a personal vehicle;
on the journey from home to the workplace or from the workplace to home, regardless of the means of transport, including a personal vehicle.

Commuting accidents are included in the current text of the law (art. 21, IV, “d”).

Equivalent situations

The law treats the following as equivalent to a work accident (Law 8.213/1991, art. 21):

Concurrent cause: a work-related accident which, even if not the sole cause, directly contributed to death, to the loss or reduction of working capacity, or to an injury requiring medical attention (item I).
At the workplace and during working hours: assault, sabotage or terrorism; intentional physical harm arising from a work-related dispute; carelessness, negligence or lack of skill of a third party or colleague; an act by a person of unsound mind; collapse, flooding, fire and other fortuitous events or force majeure (item II).
Accidental contamination of the employee while performing their activity (item III).

Technical epidemiological link (NTEP)

The medical examination establishes the work-related nature of the incapacity when it identifies an epidemiological technical nexus between the work and the condition: the link between the company's activity and the illness (by its ICD/CID code) that caused the incapacity (Law 8.213/1991, art. 21-A; Decree 3.048/1999, art. 337, § 3º).

The company may request that the INSS not apply the NTEP to the case by demonstrating that there is no link between the work and the condition (Decree 3.048/1999, art. 337, § 7º).
The INSS informs the insured person of the company's challenge, and they may contest it (art. 337, § 12).
An appeal with suspensive effect may be lodged against the decision before the Social Security Appeals Council (art. 337, § 13).

Step by step

From the accident to the benefit

What usually happens after an accident at work or the diagnosis of an occupational disease, and what requires attention at each stage.

Discuss my case

Medical care and records

Seek medical care and keep everything: medical certificates, reports, test results, prescriptions and medical records. If there is a police report, as in traffic accidents, keep a copy. Note down the date, time, location and the names of any witnesses.

Reports and testsWitnesses

Work Accident Report (CAT)

The company or domestic employer must report the accident to Social Security by the next working day, or immediately in the event of death; the injured worker and the trade union receive a copy. If the company does not issue the report, the injured worker, their dependants, the trade union, the attending doctor or any public authority may do so, without being bound by the next-working-day deadline (Law 8.213/1991, art. 22).

1st working dayCopy to the worker

Register the CAT on gov.br

The first 15 days

When an employee is off work, the company pays their full salary for the first 15 consecutive days (Law 8.213/1991, art. 60, § 3º). During work-accident leave, FGTS deposits remain mandatory (Law 8.036/1990, art. 15, § 5º).

Salary paid by the companyFGTS continues

Medical examination and temporary disability benefit (auxílio por incapacidade temporária)

From the 16th day of the employee's absence, the benefit is paid by the INSS following a medical examination. The Federal Medical Examination Service (Perícia Médica Federal) identifies the link between the work and the condition, which determines whether the benefit is work-related. The amount is 91% of the benefit salary (Law 8.213/1991, arts. 60 and 61; Decree 3.048/1999, art. 337).

Medical examinationLink to work91%

Medical discharge, return to work and lasting effects

After the work-related sickness benefit ends, the employee's contract is protected for a minimum period of 12 months (art. 118). If a permanent after-effect reduces their capacity for the work they used to perform, an accident benefit (auxílio-acidente) of 50% of the benefit salary may be payable, which can be received alongside wages (art. 86).

Job securityAccident benefit

Appeal or court action

If the INSS denies the benefit or does not recognise the link with the work, an administrative appeal or a court action may be brought. A work-accident lawsuit against the INSS is heard in the State Courts, free of court costs and adverse legal fees for the insured person (Constitution, art. 109, I; Law 8.213/1991, art. 129).

State CourtsNo court costs

Work-related or ordinary

Why the nature of the benefit matters

The same leave of absence may be granted as an ordinary or a work-related benefit. When work caused or contributed to the incapacity, the difference shows in several respects.

Comparison between work-related and ordinary benefits
Point	Work-relatedwork accident, occupational or work-related disease	Ordinaryunrelated to work
Qualifying period	Not required.Law 8.213/1991, art. 26, II	As a rule, 12 contributions; an accident of any nature also waives the qualifying period.Law 8.213/1991, arts. 25, I, and 26, II
Temporary disability benefit	91% of the benefit salary.Law 8.213/1991, art. 61	91% of the benefit salary — the amount is the same.Law 8.213/1991, art. 61
FGTS during absence	Mandatory deposit during leave.Law 8.036/1990, art. 15, § 5º	No deposit obligation as provided for work-accident leave.Law 8.036/1990, art. 15, § 5º
Job security	At least 12 months after the work-related temporary benefit ends.Law 8.213/1991, art. 118	Without the protection of art. 118.Law 8.213/1991, art. 118
Permanent disability retirement (aposentadoria por incapacidade permanente)	100% of the average salary.EC 103/2019, art. 26, § 3º, II	60% of the average plus 2 percentage points per year above 15 years of contributions (women) or 20 years (men).EC 103/2019, art. 26, §§ 2º and 5º
Accident allowance (auxílio-acidente)	Payable if a lasting effect reduces capacity for the usual work.Law 8.213/1991, art. 86	Payable only when the lasting effect results from an accident of any nature.Law 8.213/1991, art. 86
Court action against the INSS	State Courts, with no court costs or adverse legal fees for the insured person.Constitution, art. 109, I; Law 8.213/1991, art. 129	Federal Courts, as a rule.Constitution, art. 109, I

The accident benefit is provided for employed insured persons (including domestic employees), casual workers (trabalhadores avulsos) and special rural insured persons (segurados especiais) (Decree 3.048/1999, art. 104). Hearing loss only gives rise to the benefit if it is linked to the work and demonstrably reduces capacity for the person's usual work (art. 104, § 5º).

Simulator

How much the amount can change

Using your average salary, compare the estimated benefit amounts when the cause is work-related and when it is not. This calculation is for information only: the actual amount depends on your CNIS record and the INSS calculation.

Work-accident job security

How long does your job security last?

Anyone who has suffered an accident at work is assured the continuation of their employment contract for a minimum period of 12 months after the work-related sickness benefit ends, whether or not they receive the accident benefit (Law 8.213/1991, art. 118).

The period begins upon discharge by the INSS, when the work-related benefit ends.
The law sets a minimum period: collective bargaining conventions and agreements for your category may provide specific conditions.
If you were dismissed during this period, it is worth seeking guidance promptly: employment contract rights are subject to time limits.

Two fronts

Rights before the INSS and before the employer

An occupational accident may give rise to rights on two fronts, each with its own rules, time limits and courts. One does not exclude the other: occupational accident insurance does not preclude compensation owed by the employer when acting with intent or negligence (Constitution, art. 7º, XXVIII).

Before the INSS

Social-security benefits: temporary disability benefit (auxílio por incapacidade temporária), accident benefit (auxílio-acidente), permanent disability retirement (aposentadoria por incapacidade permanente) and survivor's pension (pensão por morte).

Court action against the INSS in the State Court, with no court costs or adverse legal fees for the insured person. Law 8.213/1991, art. 129
Occupational accident claims are subject to a 5-year limitation period, counted from the date of the accident, the recognition of permanent disability or the worsening of the after-effects. Law 8.213/1991, art. 104
When a company is negligent regarding safety regulations, the Social Security authority may recover what it has paid from the company through a recourse action. Law 8.213/1991, art. 120, I

Before the employer

Compensation for damages and employment contract rights, heard in the Labour Court. Constitution, art. 114, VI

The employer pays compensation when acting with intent or negligence. Constitution, art. 7º, XXVIII
The Supreme Federal Court (STF) recognised that the employer may be held liable regardless of fault in the cases provided for by law or when the activity, by its nature, exposes the worker to a habitual special risk. STF, General Repercussion Theme 932
Job security, FGTS and contractual entitlements follow labour legislation, with their own time limits.

Questions

Frequently asked questions

General answers, with their legal basis. Each case depends on the facts and documents.

Send my question

The company refused to issue the CAT. What now?

A CAT may be issued by the worker themselves, their dependants, the trade union, the attending doctor or any public authority. In such cases, the deadline of the first working day does not apply. Issuance by another party does not release the company from liability for failing to report the accident. Registration can be completed online on the gov.br portal.

Law 8.213/1991, art. 22, §§ 2º and 3º

Does an accident on the way from home to work count?

Yes. The law treats an accident suffered on the journey to or from work between home and the workplace as an accident at work, regardless of the means of transport, including a private vehicle.

Law 8.213/1991, art. 21, IV, “d”

I am self-employed. Am I entitled to benefits?

An individual contributor (contribuinte individual) is entitled to incapacity benefits, with no qualifying period in the event of an accident of any kind. The accident benefit, however, is provided under the regulations for employed insured persons (including domestic employees), casual workers and special rural insured persons.

Law 8.213/1991, art. 26, II; Decree 3.048/1999, art. 104

Can I work and receive the accident benefit?

Yes. The accident benefit is compensatory: it is paid from the day after the temporary incapacity benefit (auxílio por incapacidade temporária) ends, regardless of wages or earnings. Receiving a salary does not affect it; it ends when any retirement pension begins.

Law 8.213/1991, art. 86, §§ 1º to 3º

I was dismissed shortly after returning from leave. Is that allowed?

Anyone who has suffered an accident at work is assured the continuation of their contract for a minimum period of 12 months after the work-related sickness benefit ends, regardless of whether they receive the accident benefit. Dismissal during this period warrants prompt review, as rights under an employment contract are subject to time limits.

Law 8.213/1991, art. 118

The INSS granted an ordinary benefit, but the cause was work. Can this be changed?

The work-related nature of the condition can be contested on appeal or in court. It is the Federal Medical Examination Service that establishes an accident at work by identifying the link between the work and the condition (including through the epidemiological technical nexus). The distinction matters because it entails job security, FGTS deposits during the absence and a different calculation for the permanent incapacity pension (aposentadoria por incapacidade).

Law 8.213/1991, arts. 21-A and 118; Decree 3.048/1999, art. 337

I have a degenerative disease that worsened because of my work. Does it count?

On its own, a degenerative disease is not considered a work-related disease. However, the law also treats as an accident at work a situation in which work contributed directly to the incapacity, even without being the sole cause: this is known as a concurrent cause (concausa). The assessment depends on the medical reports and the person's work history.

Law 8.213/1991, arts. 20, § 1º, “a”, and 21, I

Is there a time limit to file a claim?

For work-accident benefits, the limitation period is 5 years. It runs from the date of the accident, where it results in death or temporary incapacity confirmed by a medical examination, or from the date on which the Social Security authority recognises permanent incapacity or the worsening of the after-effects. Claims against the employer follow the specific time limits set by labour legislation.

Law 8.213/1991, art. 104

In-person and online consultations

Work-related accident or illness? Speak with the office

Andréa Agueda · OAB/SP 166.198 · Jundiaí/SP. Consultations by appointment from Monday to Friday, from 8:30 to 17:30: in person in Jundiaí and online by videoconference throughout Brazil and abroad.

Chat on WhatsApp contato@aguedaadvocacia.com.br

Sources: Federal Constitution, Law 8.213/1991, Law 8.036/1990, Decree 3.048/1999 and Constitutional Amendment 103/2019 (Planalto), STF (Theme 932) and gov.br, consulted on 10/11/2026. General information, without analysis of any specific case.

Work accidents: rights at the INSS and at work