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[BUSINESS] · Brazil · 3 sources

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Brazil's auxílio-acidente benefit compensates workers with permanent sequelae

The 'auxílio-acidente' is an indemnity benefit paid by the Brazilian National Social Security Institute (INSS) to workers who suffer permanent sequelae from accidents of any nature that reduce their capacity for habitual work. Unlike sickness benefits, this payment can be accumulated with a regular salary, as it is intended to compensate for reduced capacity rather than replacing income during leave.

Eligibility extends to employees with formal contracts, casual workers, and special rural insured workers. It is not restricted to workplace accidents but covers any accident that results in permanent physical limitations. Between 2012 and 2024, Brazil recorded 8.8 million workplace accidents and 32,000 deaths among formal workers.

Legal precedents, such as a recent ruling by the 1st Recursal Chamber of the Judicial Sections of Amazonas and Roraima, emphasize that even a minimal reduction in labor capacity justifies the benefit. In one case, a production assistant was granted the benefit after a judicial medical report confirmed a 6% permanent corporal damage due to a finger amputation, reinforcing that total incapacity is not a requirement for the indemnity.

Entities

INSS · Ministério Público do Trabalho · Organização Internacional do Trabalho · Superior Tribunal de Justiça