Work accident: 8 rights guaranteed by law

Apr 24, 2026
work-accident:-8-rights-guaranteed-by-lawWork accident: 8 rights guaranteed by law

Legislation ensures protection for both health and income during the recovery period

In the first half of 2025, Brazil recorded more than 380 thousand work accidents, according to the Ministry of Labor and Employment (MTE). The number represents a growth of around 9% compared to the same period of the previous year and points to an important warning: the need to talk about the topic and provide guidance on preventing accidents and guaranteeing workers’ rights.

Understanding what characterizes an accident at work and what rights are guaranteed by law is fundamental, as highlighted by lawyer Silvia Santana, coordinator of the Law course at Faculdade Pitágoras.

“The legislation considers a work accident to be one that occurs during the exercise of professional activity, in the service of the company, which causes bodily injury or functional changes, which may result in the reduction or loss of work capacity, whether temporarily or permanently”, he explains.

Below, check out the main rights guaranteed to workers in these cases:

1. Medical care and leave

The worker has the right to immediate medical attention and, if necessary, time off work to recover.

2. Accident sickness benefit

If you are incapacitated for more than 15 days, you will receive benefits from the National Social Security Institute (INSS), without the need to complete a waiting period.

3. Job stability

After returning to work, the employee has stability guarantee for 12 months, and cannot be dismissed without just cause.

4. FGTS deposit during leave

Even on leave, the employer must continue to deposit the Service Time Guarantee Fund (FGTS).

The company must issue a Work Accident Report (Image: Media_Photos | Shutterstock)

5. Issuance of the CAT

The company must issue the Work Accident Report (CAT). If you don’t do it, the workerunion or doctor may issue.

6. Disability retirement (if necessary)

If the worker becomes permanently incapacitated, he or she may be entitled to disability retirement.

7. Vocational rehabilitation

If you cannot return to the previous function, the INSS must offer programs from rehabilitation to another activity.

8. Compensation

When the company fails to comply with safety standards, such as a lack of protective equipment, the worker may seek legal redress. “If negligence is proven, it is possible to claim compensation for moral, material and even aesthetic damages, depending on the consequences of the accident”, explains the specialist.

By Camila Souza Crepaldi

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