RSI/WMSD in Brazil: when repetitive strain injury is a work-related illness and what the rights are

*RSI (Repetitive Strain Injuries, LER) and WMSD (Work-related Musculoskeletal Disorders, DORT) — such as tendinitis, tenosynovitis, bursitis and carpal tunnel syndrome — are treated as work accidents when caused or worsened by the activity (Law 8,213/1991, art. 20). This guarantees an accident benefit, FGTS deposits during leave, 12 months of job security and possible compensation.*

Quick summary

• Occupational disease = work accident for legal purposes (art. 20).
• Causal link: a medical examination assesses whether the activity caused or worsened the injury; the NTEP (technical epidemiological link) may presume the link for certain activities.
• CAT (work accident report): must be issued by the employer; if not, the worker, the union or the doctor can issue it.
• Leave over 15 days: accident benefit (B91) from the INSS (social security).
• Job security: 12 months after clearance (art. 118).
• NR-17: the employer must adapt the workstation and organize breaks.

Higher-risk activities

• Typing and call centers.
• Production lines with repetitive movements.
• Supermarket and bank cashiers.
• Sewing, meatpacking and assembly.

How to prove the causal link

1. See a doctor and describe the work you do.
2. Ask that the report describe the link to work.
3. Keep imaging tests and medical records.
4. Gather a description of tasks, production targets and lack of breaks.
5. Ask for the CAT — see Work accidents and CAT.

Rights

• Accident benefit from the INSS — see Sickness benefit.
• FGTS (the Severance Indemnity Fund) deposited during leave.
• Job security for 12 months — see Job security.
• Accident allowance if a lasting injury reduces work capacity — see Accident allowance.
• Compensation for moral and material damages when the employer is at fault — see Moral damages in labor cases.

Frequently asked questions

The INSS granted an ordinary benefit (B31), but the illness is work-related. What now?

You can ask the INSS to convert it to an accident benefit or argue the causal link in court.

I was dismissed with RSI/WMSD. Am I entitled to reinstatement?

If the causal link is recognized, even after dismissal, TST Precedent 378 (the TST is the Superior Labor Court) guarantees job security and, as a rule, reinstatement or compensation.

Read more in this series

• Work accidents: CAT and rights
• Accident allowance: 50% of the benefit salary
• Is burnout a work-related illness?
• Pre-employment, periodic and exit medical exams
• Index: complete guide to labor rights