Hello! Today, we’ll address an important topic: workplace accidents. What happens when an employee needs to take time off due to an accident that occurred in the workplace or during their commute? What are the employee’s rights and the company’s obligations?
What is a Workplace Accident?
According to the law, a workplace accident occurs when an employee experiences a sudden event or develops an occupational disease that reduces their ability to perform their job duties.
Examples of workplace accidents include:
- Cuts or fractures sustained during professional activity.
- Prolonged exposure to chemical or physical agents that cause occupational diseases.
- Repetitive strain injuries (RSI).
A commuting accident occurs when the accident happens while the employee is traveling between their home and work, or vice versa.
How Does Leave Due to a Workplace Accident Work?
- Up to the 15th day of absence: The company continues to pay the salary as usual.
- From the 16th day onwards: The INSS (Brazilian Social Security) takes over the payment through Workplace Injury Sick Pay (Auxílio-Doença Acidentário).
It’s important to note that the employee does not receive 100% of their salary during Workplace Injury Sick Pay. The amount paid by INSS corresponds to 91% of the average salary from the last 12 months of contributions, with a maximum limit established by INSS. The company is not legally required to cover the difference unless stated in a collective agreement.
Additional Benefits of Workplace Injury Sick Pay:
Despite not fully covering the salary, Workplace Injury Sick Pay offers important advantages:
- 12-month job stability after returning to work. The company cannot dismiss the employee without just cause during this period.
- The time off counts as contribution time for retirement, unlike regular sick pay.
What if the Employee Does Not Fully Recover?
If the employee suffers a permanent reduction in their work capacity but can still perform some job activities, they may be entitled to Workplace Injury Compensation Benefit (Auxílio-Acidente). This is a compensatory benefit paid by INSS, corresponding to 50% of the average salary from the last 12 months. The employee can continue working and receive the Workplace Injury Compensation Benefit along with their salary until retirement.
Conclusion
In cases of workplace accidents, both the employee and the company have rights and obligations. It is essential to be informed about these aspects to ensure a safe work environment and the necessary support in adverse situations.