Accident Benefit

Social security compensation for those whose working capacity has been reduced.

Brazilian law recognises this reality and grants workers the right to the accident benefit, paid as compensation to the insured worker who, though still fit to work, lives with after-effects that demand greater effort to carry out their duties.

With specialist legal guidance, the claim can be handled technically and responsibly, respecting the worker's career history and the criteria set out in social security legislation.

Individual technical assessment, taking account of the insured person's actual functional capacity
Proper organisation of the information and documents relevant to the benefit
Legal support attentive to the particulars of each case

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Circumstances in which the Accident Benefit is granted

The Accident Benefit can be granted in cases of work-related accidents and even in situations that occur outside work.
Social security law covers a range of situations in which the insured person comes to live with limitations that reduce their capacity to work.

Accidents at Work

Accidents occurring at the workplace, during working hours, while the worker is on company business.

Commuting Accidents

Accidents that happen on the way between home and the workplace.

Occupational Illness

These are injuries or illnesses linked to the occupation, where the work causes or aggravates the worker's health condition.

Accidents of Any Nature

Everyday events, such as accidents at home, in traffic or during leisure time.

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Who may be entitled to the Accident Benefit?

Urban and rural workers

Special insured status: rural workers and artisanal fishers

Casual worker

Domestic worker

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Obstacles to having the right recognised

Difficulty in Proving the Claim

For the benefit to be granted, it must be shown that the after-effects reduce capacity and demand greater effort at work, points that can go unnoticed without proper support.

Administrative Denials

It is common for the social security authority to deny the benefit for lack of evidence, or to end the temporary disability benefit and authorise a return to work without converting it into the Accident Benefit, even where permanent after-effects are visible.

Benefit Calculation

Errors in the calculation base or in the payment start date can produce amounts below what is due, creating a financial loss that accumulates over the years.

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A modern practice, built on 40 years of tradition

Doering & Darcie Advocacia e Consultoria

With more than 40 years of tradition, our firm grounds its work in in ethics, technical excellence and a human approach to client care. We understand the complexity of the social security system and devote our experience to the detailed and strategic analysis of each case.

We have highly qualified professionals, recognised by the market and by academia, who act with composure and firmness in defending the interests of insured people.

Why specialist technical analysis matters

Social security law has complex nuances. A specialist lawyer works to ensure that the insured person's employment and medical history is correctly read in the light of the legislation in force.

From organising the medical records to framing the questions for the medical examination, professional guidance works to ensure that no right is lost to red tape or to a lack of proper evidence.

With more than four decades of practice, marked by technical excellence, institutional solidity and responsible work, the firm is broadening its reach with the opening of a Social Security Law practice. This new front is designed to strengthen the defence of insured people's rights, bringing together the legal experience built up over the years and the specialist work of a professional with solid grounding in the field, always focused on legal certainty, constant updating and qualified technical guidance.

Feasibility Assessment

Detailed check of the legal requirements
Review of insured status
Review of the medical records to assess the merits of the claim

Calculation of Retroactive Amounts

Setting the benefit start date
Calculation of arrears, inflation adjustment and statutory interest
Work to secure payment of the full amounts due

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Specialist Legal Practice

Thiago Rychescki Silveira

OAB RS 126.259 | Direito Previdenciário

A graduate of the Federal University of Rio Grande do Sul (UFRGS), he has broad experience in social security law and offers clear, technical and objective guidance. His academic and professional path has given him a wide and thorough view of social security proceedings, allowing for strategic and responsible work, always attentive to the particulars of each insured person.

Over the course of his career he has built experience handling complex social security cases, with careful attention to document review, detailed benefit calculations and the choice of the right legal remedies. Alongside his practice, he maintains a steady dedication to the study of social security law, combining academic knowledge with practical experience to provide support that keeps pace with the constant changes in the legislation.

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Frequently asked questions

Frequently Asked Questions

What is the Accident Benefit?

The Accident Benefit is compensation paid by the social security authority to an insured person who, following an accident, is left with permanent after-effects that reduce their capacity for the work they habitually performed.

Do I need to be off work to receive it?

No. Unlike other disability benefits, the Accident Benefit does not require leave from work. The insured person can carry on working normally and receive the benefit as compensation.

Can the Accident Benefit and a salary be received at the same time?

Yes. Because it is compensation, the Accident Benefit can be paid alongside monthly pay while the worker remains in employment.

Does the benefit have an end date?

As a rule there is no automatic end date. The Accident Benefit is usually paid until the pension is granted, at which point it ceases.

Can the Accident Benefit affect the amount of the pension?

In some cases, yes. Where the benefit is received alongside a salary, the amounts can affect the contribution record and be taken into account in calculating the future pension, under the applicable social security rules.

Do the after-effects have to be severe for me to qualify?

Not necessarily. Even where the reduction in capacity is slight, the right may exist, provided it is shown that the after-effects demand greater effort to perform the same activities carried out before the accident.

How much is the Accident Benefit?

The Accident Benefit is worth 50% of the insured person's benefit salary, which is calculated from the average of contribution salaries over their working life. Because that calculation varies with the contribution record and the date of the accident, an individual review is advisable to estimate the amount correctly.

Can the social security authority review the benefit?

Yes. The social security authority can carry out administrative reviews. That is why the benefit should be well supported by medical records and proper legal follow-up.