Work accidents in Brazil: CAT, leave and workers' rights

A work accident is one that happens in the course of work and causes injury, illness or loss of the ability to work. The employer must issue the CAT (Work Accident Report) by the first business day after the accident — and if it does not, the worker, the union or the doctor can do so.

Quick summary

• Legal basis: Law 8,213/1991, arts. 19 to 23.
• Occupational diseases (professional and work-related) are treated as accidents (art. 20).
• CAT: by the 1st business day after the accident; in case of death, immediately (art. 22).
• Leave: the employer pays the first 15 days; after that, the INSS (National Social Security Institute) pays the disability benefit.
• Job security: 12 months after the accident benefit ends (art. 118).
• FGTS (the Severance Indemnity Fund): the employer keeps depositing during accident leave.

What counts as a work accident

• A typical accident during the activity (fall, cut, injury involving a machine).
• Occupational disease caused by the activity (e.g., repetitive strain injury in a role that causes it).
• Work-related disease caused by the conditions in which the work is done.
• Equivalent situations listed in art. 21 of Law 8,213/1991, such as accidents while traveling on company business.

Step by step after the accident

1. Seek medical care and say it was a work accident; keep reports and certificates.
2. Notify the employer immediately, in writing.
3. Check whether the CAT was issued and ask for a copy. If the employer does not issue it, the CAT can be filed by the injured worker, dependents, union, doctor or public authority (art. 22, §2), through the INSS channels.
4. Leave longer than 15 days: book the INSS medical examination through Meu INSS or by phone at 135.
5. Keep all documents — they also serve for any compensation claim.

Rights of the injured worker

• Temporary disability benefit for work accidents from the INSS.
• FGTS deposits during leave.
• 12 months of job security after returning.
• Compensation for material, moral and aesthetic damages when the employer is at fault or the activity is high-risk.

Frequently asked questions

Who issues the CAT?

The employer. If it does not, the worker, dependents, union, doctor or public authority can file it.

What is the deadline to issue the CAT?

By the first business day after the accident; in case of death, immediately.

Is a disease caused by work a work accident?

Yes. Occupational and work-related diseases are treated as accidents under Law 8,213/1991.

Can the employer dismiss me after the accident?

Not without cause during the 12 months of job security. If that happens, you can ask for reinstatement or compensation.

Read more in this series

• Job security: who is entitled and for how long
• Evidence in a labor case: how to gather and organize it
• Reporting labor violations: Ministry of Labor or MPT? How to do it
• CLT worker rights: complete guide
• Index: complete guide to labor rights