Brazilian Court Orders INSS to Pay Accident Benefit to Teacher with Voice Disorder
Auxílio‑acidente is a Brazilian social security benefit that compensates workers who suffer a permanent partial loss of work capacity, paying 50 % of the reference salary and allowing other earnings. It differs from the full disability pension (aposentadoria por invalidez), which provides 60 % of the average contribution salary to those permanently unable to work.
The Minas Gerais State Court (TJMG) 15th Civil Chamber ruled that the Instituto Nacional do Seguro Social (INSS) must grant auxílio‑acidente to a public school teacher who developed chronic dysphonia after years of excessive vocal use. The court classified the vocal condition as an occupational disease equivalent to a work accident, confirming a reduction in the teacher’s ability to perform her usual teaching duties, despite a prior reassignment to administrative tasks.
The decision emphasizes that total incapacity is not required for the benefit; a demonstrated decrease in the capacity to perform the regular activity suffices for eligibility.