Brazil's INSS Details Accident Benefit Eligibility for Spinal Injury Victims

Under article 86 of Brazil’s Law 8.213/1991, individuals who suffer permanent sequelae from spinal injuries caused by accidents or work‑related aggravation may qualify for auxílio‑acidente, an indemnity paid by the INSS. The benefit provides a monthly compensation while allowing the recipient to continue working, as it does not require permanent withdrawal from employment.

INSS conducts a medical‑pericial assessment of the injury’s lasting limitation and its connection to the insured’s activity. According to labor‑law attorney Robson Gonçalves, eligibility hinges on a permanent reduction in the ability to perform usual work, not on the presence of pain. Typical qualifying injuries include vertebral fractures from falls or traffic accidents, disc herniations with neurological impact, injuries from heavy‑lifting, and postoperative conditions. Article 21, I of the same law also treats work‑related accidents that contributed directly to the injury as equivalent to occupational accidents.