Even with the obligation of occupational accident insurance for all companies in Portugal, many workers are unaware of the real reach of this protection and the responsibilities it implies for employers and independent.
This insurance guarantees medical assistance, hospital and financial compensation in case of an accident during work hours or on the way between home and work, including teleworking situations.
Legal obligations of employers and independents
According to the site specializing in economics and finance, the ekonomist, occupational accident insurance has been mandatory for all employers since 1913, covering companies of any dimension and workers of all categories.
Years later, the law extended the obligation to independent workers, ensuring them protection conditions similar to those of workers on behalf of others. The Constitution of the Portuguese Republic enshrines that all workers are entitled to assistance and fair reparation when victims of an accident at work or occupational illness.
All workers due to others have compulsory insurance, paid by the employer. The absence of this contracting is a very serious offense, and the company assumes all expenses arising from the accident, and may resort to its assets if necessary.
In the case of independent workers, insurance is also mandatory, except those whose production is exclusively for their own use and the household. The amount of the remuneration considered for the calculation of insurance is defined by the worker, but cannot be lower than fourteen times the national minimum wage.
Accidents covered by insurance
Insurance covers accidents at the workplace, during working hours, or in the usual routes, including travel to meals or places of payment of the remuneration, as well as authorized situations outside the place or normal working hours.
Teleworking workers are also protected, provided the accident happens at the venue reported to the employer and during the performance of duties, according to the insurance and pension fund supervision authority.
The employer must communicate the accident to the insurer within 24 hours after becoming aware, while the worker or representative must inform the employer up to 48 hours after the claim, except properly proven impediments.
Installments guaranteed by insurance
The installments of insurance are divided in kind and in cash. The first include all medical, hospital, pharmaceutical and rehabilitation medical care, including transportation, accommodation and psychic assistance when necessary.
Financial compensations depend on the degree of disability, and may be temporary, partial or absolute, and include lifetime pensions in case of permanent disability or death, calculated on the retribution and kinship of beneficiaries.
These compensation aim to restore work capacity or ensure support to the workers’ relatives.
Contract information and termination
Prior to hiring, the insurer must provide all information on covered risks, exclusions, calculation of installments, payment methods and complaint mechanisms, ensuring that the insurance borrower fully comprises the contract conditions.
The insurance contract may cease to revoke, expire, complaint or resolution, upon agreement or just cause, producing effects at 24 hours of the day in which it is formally reported.
According to this, this legal framework reinforces the importance of knowing all rights and duties related to occupational accident insurance, avoiding gaps that can compromise the protection of the worker and the responsibility of the employer.
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