What is Accident Stability and Who Is Eligible?

A accident stability It is a fundamental labor right in Brazil, guaranteed by legislation to protect employees who suffer work accidents or develop occupational diseases.

This mechanism ensures that the worker, after an event that compromises their health, has job security for a determined period.

This way, avoiding arbitrary dismissals while recovering.

However, understanding the contours of this right requires exploring not only its definition, but also who can access it.

As well as how it works in practice and what challenges may arise.

Why, after all, is accident stability so crucial in a dynamic and sometimes unpredictable job market?

Find out more below!

Accident stability

In short, accident stability is a device provided for in article 118 of Law No. 8,213/1991, which regulates social security benefits in Brazil.

This article determines that a worker who suffers a work-related accident or develops a work-related illness is entitled to 12 months of job stability after returning to work, provided that he or she has received accident-related sickness benefit.

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This protection aims not only to protect the employee in a moment of vulnerability, but also to promote a fairer work environment, where the health of the worker is not neglected.

Furthermore, accident stability reflects a social commitment to worker dignity.

Imagine a construction worker who, after falling from scaffolding, fractures his arm.

Without stability, he could be fired soon after his recovery, facing financial hardship while still dealing with the physical or emotional after-effects of the accident.

Thus, this right functions as a safety net, ensuring that the worker has time to reintegrate into the market without the immediate pressure of losing their livelihood.

What characterizes accidental stability?

First of all, it is essential to clarify what qualifies an event as a work-related accident or occupational disease for stability purposes.

An accident at work is not limited to sudden events such as falls or cuts.

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It also encompasses situations in which the worker's health is compromised by working conditions.

For example, such as repetitive strain injuries (RSI/WRMD) or diseases triggered by exposure to chemical agents.

Brazilian legislation, therefore, adopts a broad view, recognizing that the work environment can impact health in different ways.

For example, consider the case of Ana, a telemarketer who developed a repetitive strain injury due to long hours of typing in an awkward position.

After being diagnosed with RSI and receiving accident-related sickness benefit, Ana had her job security guaranteed for 12 months after returning to work.

This case illustrates how accident stability is not restricted to professions involving high physical risk, but encompasses any work activity that results in harm to health.

Furthermore, accident stability requires that the worker has received accident sickness benefit (benefit B-91) from Social Security.

This means that the INSS must recognize the relationship between the accident or illness and the work performed.

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Without this recognition, the right to stability is not activated, which can lead to legal disputes, especially when the employer disputes the occupational origin of the illness.

Therefore, technical and medical proof is a central pillar to access this benefit.

Table:

Criteria for Accident Stability	Description
Occupational Accident or Illness	Sudden event or chronic work-related condition, such as falls, fractures or RSI/WMSDs.
Accident Sickness Benefit (B-91)	Benefit granted by the INSS after a medical examination confirming the relationship with work.
Stability Period	12 months from the date of return to work, counting from the end of sickness benefit.
Employment Contract	Must be governed by the CLT, with a signed employment contract.

Who is entitled to accident stability?

Not every worker who suffers an accident or develops an occupational disease is entitled to accident stability.

Firstly, the employee must be bound by an employment contract governed by the Consolidation of Labor Laws (CLT).

This excludes, for example, self-employed or informal workers, who do not have a formal relationship with employers.

In addition, the worker must have received accident-related sickness benefit, which depends on a medical evaluation by the INSS.

Furthermore, another crucial point is the causal relationship between the work and the event that generated the absence.

For example, John, a truck driver, was involved in a traffic accident during a delivery and fractured his leg.

As the accident occurred while carrying out his duties, he was entitled to accident-related sickness benefit and, consequently, stability for 12 months after returning to work.

In short, this example demonstrates how stability protects workers who face risks inherent to their profession.

On the other hand, there are situations in which the right to stability may be questioned.

If the worker suffers an accident outside the workplace or develops an illness unrelated to their work activities, such as a pre-existing condition aggravated by personal factors, stability does not apply.

Therefore, the analysis of the causal link is a decisive aspect, and the worker must be careful to gather evidence, such as medical reports and occupational safety reports, to support their claim.

Benefits and challenges of accident stability

Accident stability offers clear benefits for both the worker and society.

First, it ensures financial security at a time of vulnerability, allowing employees to focus on their recovery without fear of losing their job.

]Furthermore, it encourages companies to invest in prevention, as workplace accidents can generate indirect costs, such as compensation or fines.

In fact, according to data from the Occupational Health and Safety Observatory, between 2012 and 2022, Brazil recorded around 6 million workplace accidents.

Thus, highlighting the need for robust policies such as accident stability.

However, the implementation of this right faces challenges.

Many companies resist complying with the legislation, either due to lack of knowledge or in attempts to reduce costs.

In some cases, employers dismiss workers before the connection between the accident and work is even confirmed, which leads to legal disputes.

Furthermore, the process of obtaining accident-related sickness benefit can be bureaucratic, with medical examinations not always recognizing the causal link.

This is especially true in cases of occupational diseases that are difficult to prove.

Think of crash stability like a seatbelt in a car: it doesn't prevent a crash, but it reduces the damage it causes.

Just as a seatbelt protects the driver in a collision, stability supports the worker in a moment of vulnerability.

In this way, offering essential protection, but which depends on correct use and adequate maintenance.

However, when the “belt” is poorly adjusted, whether due to inspection failures or resistance from companies, its effectiveness is compromised, leaving the worker unprotected.

Table:

Benefits of Accident Stability	Associated Challenges
Financial security during recovery	Employers' resistance to complying with the law
Encouraging accident prevention	Bureaucracy in obtaining accident-related sickness benefit
Protection against arbitrary dismissals	Difficulty in proving a causal link in occupational diseases

Frequently asked questions about accident stability

Accident stability, although a clear right in law, raises many doubts among workers and employers.

Below, we've answered some of the most common questions in a clear and informative table, aiming to clarify the main points and avoid misunderstandings.

Question	Response
Does accident stability apply to temporary contracts?	No. Accident stability applies only to indefinite-term contracts governed by the CLT. Temporary or probationary contracts do not guarantee this right.
What happens if the company lays off people during the stability period?	The dismissal is considered null and void, and the worker may seek reinstatement to the job or compensation equivalent to the remaining period of stability, in addition to other labor rights.
Can pre-existing conditions guarantee stability?	Only if they are aggravated by work. The INSS must prove a causal link between the work activity and the worsening of the condition to grant accident-related sickness benefit.
Does stability cover accidents outside the workplace?	Yes, as long as the accident occurs while performing the function, such as when traveling for company business (a commuting accident, for example).
Can an employee resign during the tenure period?	Yes, job security does not prevent an employee from resigning. However, this implies the loss of the right to protection against unfair dismissal.

How to guarantee the right to accident stability?

To ensure the right to accident stability, the worker must act proactively.

Firstly, it is crucial to notify the employer of the accident or suspected occupational disease immediately, preferably through a Work Accident Report (CAT).

This document is essential to formalize the event and begin the INSS evaluation process.

If the employer refuses to issue the CAT, the worker himself, his doctor or the union can do so.

Furthermore, it is recommended to seek legal advice if there is resistance from the company or the INSS in recognizing the right.

An employment lawyer can assist in analyzing medical reports, safety reports, and other documents that prove a causal link.

For example, a worker who develops occupational asthma due to chemical exposure may need specific tests and witnesses to support their claim.

Finally, raising awareness about labor rights is a fundamental step.

Many workers are unaware of accident stability or fear reprisals when seeking it.

Thus, unions, associations and educational campaigns play a crucial role in informing and empowering employees.

Thus, ensuring that accident stability is not just a right on paper, but a practical reality.

Conclusion: The importance of protecting workers

Accident stability is more than a legal guarantee; it reflects a commitment to dignity and safety in the workplace.

By protecting workers who face accidents or occupational illnesses, it promotes a balance between the interests of companies and the rights of employees.

However, its effectiveness depends on strict enforcement of the law, worker awareness and efficient monitoring.

Have you ever stopped to think about the impact a workplace accident can have on your life?

Accident stability exists to minimize this impact, but requires workers and employers to understand its nuances and responsibilities.

Therefore, by knowing and exercising this right, workers not only protect their own safety, but also contribute to a more humane and fair labor market.