Monthly pension for work accidents in Brazil: employer compensation

When a work accident or occupational disease reduces or eliminates the ability to work, and the employer was at fault or runs a risky activity, it must pay material damages as a monthly pension, proportional to the loss of capacity (Civil Code, art. 950). This pension is separate from the INSS benefit, and both can be received at the same time.

Quick summary

• Basis: the employer's civil liability (Constitution, art. 7, XXVIII; Civil Code, arts. 927 and 950).
• Amount: a percentage of pay equal to the loss of capacity found by a medical expert.
• Duration: as a rule, for life or until the life-expectancy age set in the decision.
• Lump sum: the worker may ask for a single payment; the judge decides.
• Together with: moral damages, aesthetic damages and treatment costs.

When the employer is liable

1. Fault: no PPE, no training, poorly maintained machines, excessive hours.
2. Risky activity: where work exposes the worker to heightened risk, liability may be strict, without proving fault (STF, Theme 932).
3. Link: the injury must be linked to work, as shown by an expert.

How it is calculated

The medical expert sets the degree of lost capacity for the job. Example: a 30% loss on pay of R$ 3,000 gives a pension of R$ 900 a month, with a 13th installment, as decided.

How to claim

• Gather the CAT, medical reports, tests, INSS letters and evidence of working conditions.
• The claim is filed in the Labor Courts within 2 years of the contract ending.

Frequently asked questions

I receive the INSS accident allowance. Can I claim a pension from my employer?

Yes. The social security benefit and civil compensation are different in nature and can be combined.

Is the pension paid even if I keep working?

Yes, if capacity was reduced, even if you remain employed.

Can I receive it all at once?

The Civil Code allows asking for a lump sum, but the judge may decide otherwise depending on the case.

Read more in this series

• Work accidents
• Moral damages in labor cases
• Repetitive strain injury
• Index: complete guide to labor rights

Topic: this guide is part of Health, safety and leave at work, with all the guides on the subject.