Compensation for Work Accident

Definition of a work accident:

A work accident is considered to be any sudden and violent event that occurs due to or in connection with work, including the journey between home and the workplace (in itinere) provided that the route has not been interrupted or modified for reasons unrelated to work.

Accident report:

In the event of a workplace accident, the first thing to do is to report it, and there are different ways to do so:

Through the employer, who has the obligation to report it to the ART that covers the workers.

You can contact the Workers' Compensation Insurance Company (ART) directly through their toll-free hotline or free telegram service. You can also send us a WhatsApp message if you need to report the accident.

Important: The Workers' Compensation Insurer (ART) has 10 business days from receipt of the claim to accept or reject it. This period may be extended for another 10 business days if the ART notifies you that it will use this extension.

Medical care and benefits:

Once the claim is accepted, the ART must guarantee immediate medical attention, without limits and free of charge, including medical, pharmacological, rehabilitation, transfers, etc.

If the ART rejects the accident as work-related, the worker can initiate a procedure before the corresponding Medical Commission (more commonly before the SRT) to have the accident recognized and the coverage of the claim ordered.

Medical discharge and aftereffects:

When treatment ends, the Workers' Compensation Insurer (ART) must provide written notification of the final medical discharge. If disabling aftereffects remain, the worker may initiate (or the ART must initiate) a disability assessment to determine if compensation is due.

Compensation for Partial Permanent Work Disability (IPD)

What is the ILP?

Partial Permanent Work Disability occurs when the accident leaves sequelae that permanently reduce the ability to work, but by less than 66% of the total work capacity.

Official calculation formula:

Once the disability has been determined and final, the compensation is calculated using the following formula:

Compensation = 53 × (VIB with variation) × % of disability × 65 / Age at PMI

Where:

53 → established coefficient

VIB → Value of the Base Income updated according to the index

% of disability → percentage of recognized permanent partial work disability

65 / Age at PMI → coefficient that takes into account the age of the worker at the time of the first disabling manifestation.

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