Key Benefits:
DRAFT LAW NO. 786 /X/4.
" Regulates the regime for the repair of accidents at work and disease
professionals, including professional rehabilitation and reintegration, in the terms of the
article 284 of the Còdigo of Labour, passed by Law No. 7/2009, of February 12 "
Exhibition of reasons
With a view to the simplification of labour legislation and on the basis of the objective of
systematization and coding, the Law No. 99/2003 of August 27, which approved the Code of the
I work, proceeded to review and unification of the legal diplomas that regulated, until then, of
scattered form, the labour regimes of the provision of the subordinate labour
However, by virtue of the said law, the entry into force of various normative constants of the
Labour code, stayed suspended until the passage of special legislation, as is the case
of the legal regime for the repair of accidents at work and planned occupational diseases,
respectively, in Chapters V (Art. 281 to 308) and VI (Article 309 to 312) of the
Code of Work.
For its part, the Law No. 35/2004 of July 29, which came to regulate in a way
comprehensive the subjects constant of the Labour Code ended up leaving out a few
of the labour regimes that laced specific legislation to be able to enter into force,
among which was included the scheme for redress for accidents at work and diseases
professionals, thereby maintaining in force the existing regime established by Law n.
100/97, of September 13, by the Decree-Law No. 143/99 of April 30 and by the Decree-Law
n. 248/99, of July 2.
Considering appropriate and urgent to proceed with the regulation of the Labour Code in the
part reach out to accidents at work and occupational diseases and in particular by innovating
with respect to rehabilitation and reintegration of the disaster-stricken worker by accident of
work or affected by occupational disease, the XVII Constitutional Government submitted to the
Assembly of the Republic, the proposed Act No 88 /X, which " Regulates the Articles 281 to
312. of the Labour Code " , referring to accidents at work and occupational diseases,
discussed and approved in generality on February 1, 2007.
In the course of the discussion in the specialty of the said proposed law, it understood the Commission
Parliamentarian for Work, Social Security and Public Administration, given that in
simultaneous emerged the first report of the White Paper of Labor Relations that
recommended the withdrawal of the Labour Code from the normatives relating to accidents of
work and occupational diseases, what to check-if it would put in crisis the proposed law
presented, suspend the ongoing legislative process until the approval of the review of the
Labour Code, what would come to occur with the passage of Law No. 7/2009, of 12 of
February.
In Law No. 7/2009 of February 12, which approved the revision of the Labour Code, the
legislator, partially following the recommendation formulated by the Commission of the Book
White of Labor Relations, chose to establish in the Labour Code Chapter IV
on the prevention and repair of accidents at work and occupational diseases which
integrates a single legal provision on remediation of accidents at work and diseases
professionals, Article 283, the regulations of which are in accordance with Article 284, the subject of
specific legislation.
It is thus found that Articles 281 to 312 of the previous Labour Code, on the
which dealt with the Proposal for Law No. 88 /X, have been repealed, so the same is
presently lagged, lacking suitability for the constant normatives of the new
Code of Work.
Thus, it understood the Parliamentary Group of the Socialist Party, drawing inspiration from the Proposal of
Law No. 88 /X, the contents of which it considers appropriate, timely and necessary, as well as in the
set of hearings made at the Parliamentary Committee on Labour, Social Security and
Public Administration around the same, present the present draft law which
regulates Article 283 of the Labour Code, relating to the redress scheme for
accidents at work and occupational diseases, including rehabilitation and reintegration
professionals.
The specific regulation that is proposed does not aim to break with the legal regime
established either by Law No. 100/97 of September 13, regulated by the Decree-Law
n. 143/99, of April 30, or by the Decree-Law No. 248/99 of July 2, whether or not
by the constant normative provisions in the previous Labor Code entertaining
repealed, but rather to carry out a systematization of the subjects that integrate it,
by organizing it in a more intelligible and accessible way, and to correct the normatives that se
revealed misfits in their practical application, either from the social point of view or from the
constitutional and legal point of view, as is the case with the mandatory remand of
pension for permanent partial disability.
On the other hand, the innovative dimension of regulating the intervention of the service is assumed.
competent public for employment and vocational training in the rehabilitation process
professional of employees, in the assessment of the respective situation, in technical supports and
financial for the adaptation of the job posting and in the vocational training promoted
by the employer, in the drafting of a professional reintegration plan of the worker and
in cooperation agreements with various entities with a view to the reintegration of the worker
sinister.
From the new regime of repairing accidents at work and occupational diseases, which if
proposes through the present draft law, stands out, by its importance, the following
aspects:
-Enhances the concept of an accident at work, which goes on to cover the accident
that occurs in the journeys normally used by the worker, as well as the
accident that occurred outside the workplace when in the exercise of the right of assembly or
activity of representative of employees, in the terms provided for in the Labour Code;
-Recognizes to the family of the sinister worker the right to psychotherapeutic support, always
that necessary;
-Provides for the allocation of pension calculated in the terms applicable to cases where there is no
performance of the employer, when the accident was provoked by the
employer, your representative or entity by that contractor, or result from
non-compliance with occupational safety and health rules, as it makes no sense that, the
sinister under these circumstances is not entitled to the pension to which you are entitled whenever the
accident is not due to the fault of that;
-Recognizes the legal beneficiary of the claim the right to payment of transport always
that its comparency in court is required, by enshrining a procedure that is already
current;
-Predicts that vocational rehabilitation and reintegration and adaptation of the job post
are guaranteed to the worker victim of an accident at work or affected by illness
professional, fit with the employer to ensure their occupation and create conditions for their
integration into the labour market;
-Consagra the allocation to the claims of a subsidy for the frequency of shares in the scope
of vocational rehabilitation, right not provided for in the preceding legislation in respect of
claims by accident at work;
-Establishes the right to pension for death of the claimant the person who has entered into
marriage declared void or annulled, as well as, the exclusion of person who has been
excluded from the succession by indignity and deserdation, situations to the moment only
regulated for the occupational disease;
-Eliminates the rule mandating that the pension by accident of work can only be reviewed
in the 10 years after its fixation, passing on permitting its review to the whole
time as already succeeding in the remedial scheme for occupational diseases;
-Changes the pension remitting regime, following the Court's recent jurisprudence
Constitutional as to this matter and clarifies that the regime of the pension remand by
occupational disease is always optional and is only admissible in the case of occupational diseases
without an evolutionary character.
-Regulates the provision of part-time work and leave for training or new
employment of a worker who is a victim of an accident of work or affected by occupational disease;
-Establishes and develops rules relating to the intervention of the competent public service for
employment and vocational training in the process of professional rehabilitation of the
workers.
So, in the applicable constitutional, legal and regimental terms, the Party's Deputies
Socialist petition-signed, present the following draft law:
Chapter I
Object and scope
Article 1.
Object of the law
1. This Law regulates the regime for the repair of accidents at work and diseases
professionals, including professional rehabilitation and reintegration, in the terms of the article
284. of the Còdigo of Labour, approved by Law No. 7/2009 of February 12.
2. Without prejudice to the provisions of Chapter III, occupational diseases apply, with the
due adaptations, the standards relating to the accidents at work set out in this Law
and secondarily, the general regime of social security.
Article º2
Beneficiaries
The worker and his relatives are entitled to the repair of the emerging damage of the
accidents at work and occupational diseases in the terms provided for in this Law.
Chapter II
Accidents at work
Section I
General provisions
Article 3.
Worker covered
1. The scheme provided for in this Act covers the employee by an account of any other
activity, whether or not to be explored with profit.
2. When the present law does not impose different understanding, it is assumed that the worker
is in the economic dependence of the person to the advantage of which he provides services.
3. In addition to the situation of the practitioner, apprentice and trainee, considers situation of
vocational training to which it is for the purpose of preparation, promotion and updating
worker of the employee, necessary for the performance of functions inherent in the activity of the
employer.
Article 4.
Lucrative exploration
For the purposes of this Law, the activity whose production is not considered to be profitable
destine exclusively to the consumption or use of the employer's household.
Article 5.
Foreign worker
1. The foreign worker who pursuits activity in Portugal is, for the purposes of the present
law, equated with the Portuguese worker.
2. The relatives of the foreign worker referred to in the preceding paragraph benefit
similarly to the protection established in respect of the relatives of the claims.
3. The foreign worker claims in an accident at work in Portugal at the service of
foreign company, its agency, branch, representative or branch office may be excluded from the
scope of this Act provided that it pursuits a temporary or intermittent activity and, by
agreement between States, if it has persued the implementation of the protection legislation
of the disaster-stricken claims in force in the State of origin.
Article 6.
Worker abroad
1 . The Portuguese worker and the foreign worker resident in Portugal claims in
accident at work abroad at the Portuguese company service are entitled to the
installments provided for in this Law, save if the legislation of the State where the accident occurred
to recognize them right to redress, in which case the employee will be able to opt for any
of the schemes.
2. Portuguese law applies in the absence of express option of the disaster-stricken worker in
working accident abroad at the Portuguese company service, save if that of the State
where the accident occurred is most favorable.
Article 7.
Responsibility
It is responsible for the repair and too much burden arising from work accident, well
as for maintenance at the job, in the terms provided for in this Law, the person
singular or collective of private law or public law not covered by legislation
special, regarding the worker at his service.
Section II
Delimitation of the work accident
Article 8.
Concept
1. It is work accident the one that occurs in the place and in the working time and produces
directly or indirectly bodily injury, functional disturbance or disease of which result
reduction in the ability to work or gain or die.
2. For the purposes of this Chapter, it is understood to be:
a) Place of work, the whole place in which the worker meets or should drive-
if by virtue of your work and in which you are, directly or indirectly, subject
to the control of the employer;
b) Working time, in addition to the normal period of work, the above the its
start, in acts of preparation or with it related, and what follows, in
acts also with it related, and still normal or forceful interruptions
of work.
Article 9.
Extension of the concept
1. It is also considered an accident of work that occurred:
a) On the journey to the place of work or return of this, on the terms
referred to in the following number;
b) In the execution of services spontaneously provided and that it may result
economic advantage for the employer;
c) in the workplace and outside of this, when in the exercise of the right of assembly or
of activity of representative of employees, in the terms provided for in the
Code of Labour;
d) In the workplace, when in frequency of vocational training course
or, outside the locald and work, when there is express permission from the employer
for such frequency;
e) At the place of payment of the consideration, while the worker there remains
for such an effect;
f) At the place where the worker should receive any form of assistance or
treatment by virtue of previous accident and while there remain for that
effect;
g) In job search activity during the credit of hours for such
granted by law to employees with the process of terminating the contract of
work in progress;
h) Out of place or time of work, when verified in the execution of services
determined by the employer or by him consenting.
2. The point a) of the preceding paragraph comprises the work accident that occurs in the
trajectories commonly used and during the time period usually spent by the
worker:
a) Among any of your workplaces, in the case of having more than one
employment;
b) Between your usual or occasional residence and the facilities that constitute your
place of work;
c) Among any of the places referred to in the preceding paragraph and the place of payment of the
retribution;
d) Among any of the places referred to in paragraph b) and the place where the worker should
be provided any form of assistance or treatment by virtue of previous
accident;
e) Between the place of work and the place of the meal;
f) Between the place where by determination of the employer provides any service
related to their work and the facilities that constitute their place of
customary work or your usual or occasional residence.
3. It does not cease to consider work accident what occurs when the normal path
has suffered disruptions or deviations determined by meeting needs
worker's attendant, as well as by reason of force majeany or by fortuitous case.
4. In the case provided for in paragraph a) of paragraph 2, is responsible for the accident the employer for
whose place of work the worker addresses.
Article 10.
Proof of the origin of the injury
1. The lesion found in the place and time of work or in the circumstances provided for in the
previous article presumed to be the consequence of an accident of work.
3. If the lesion has no manifestation immediately following the accident, it competes in the
sinister or the legal beneficiaries prove that it was a consequence of him.
Article 11.
Pathological predisposition and disability
1. The pathological predisposition of the sinister in an accident does not exclude the right to repair
integral, save when it has been concealed.
2. When the injury or illness consecutive to the accident is aggravated by injury or illness
previous, or when this is aggravated by the accident, the disability will assess as if
all of it resulted, unless by the injury or previous illness the sinister is already the
receive pension or have received a remand capital pursuant to this Law.
3. In the event that the claims claim is affected by permanent disability prior to the accident, the
repair is only the one that corresponded to the difference between the previous incapacity and the one that is
calculated as if everything was imputed to the accident.
4. Without prejudice to the provisions of the preceding paragraph, when the accident results in unutilisation
or damage of the technical aids that the sinister was already bearer, the same is entitled
will your repair or replacement.
5. Confers also right to redress the injury or disease that manifests during the
treatment subsequent to a work accident and that it is the consequence of such
treatment.
Section III
Exclusion and reduction of liability
Article 12.
Nullity
1. It is void the convention contrary to the rights or guarantees conferred in this Law or with
them incompatible.
2. They shall also be void of acts and contracts which aim to waiver the rights conferred
in this Law.
3. For the purposes of the provisions of paragraph 1, it is assumed to be carried out with a view to preventing satisfaction
of the claims arising from the right to reparation provided for in the law the entire act of the debtor,
practiced after the date of the accident or the unequivocal diagnosis of the occupational disease, which
involves diminishing the patrimonial guarantee of these credits.
Article 13.
Prohibition of discounts on retribution
The employer cannot discount any amount in the employee's consideration to his / her
service for compensation for the charges resulting from the scheme established in the
present law, being void the agreements made with that purpose.
Article 14.
Mischaracterization of the accident
1. The employer does not have to repair the damage arising from the accident that:
a) For dolly provoked by the sinister or provier of his act or omission,
that it imports rape, without cause justifying, of the conditions of safety
established by the employer or provided for in the law;
b) Provier exclusively of gross negligence of the sinister;
c) Result of the permanent or accidental deprivation of the use of the reason for the claims, in the
terms of the Civil Code, save if such deprivation shall derive from the provision of the
work, be independent of the will of the disaster claims or if the employer or its
representative, knowing the status of the claims, consenting to the provision.
2. For the purposes of the provisions of paragraph (a) of the preceding paragraph, it is deemed to exist cause
justification of the violation of the security conditions if the work accident results from
non-compliance with legal standard or established by the employer of which the worker, face
to your degree of instruction or access to information, would hardly have knowledge or,
having it, it was manifestly difficult to understand her.
3. Understand for gross negligence, the fearmonary behavior at high and relevant
degree, which does not substantiate itself in an act or omission resulting from habituality to the danger of the
work performed, from trust in the professional experience or uses of the profession.
Article 15.
Force major
1. The employer does not have to repair the accident which is provier of reason of force majeany.
2. Only one considers motive of force greater than, being due to unavoidable forces of the
nature, independent of human intervention, does not constitute risk created by the conditions
of work nor does it produce when performing service expressly ordered by the employer
in conditions of evident danger.
Article 16.
Special situations
1. There is also no obligation to repair the accident occurred in the provision of services
possible or occasional, short-lived, to natural persons in activities that do not
have for the purpose of profitable exploitation.
2. The exclusions provided for in the preceding paragraph do not cover the accident resulting from the
use of machinery and other equipment of special dangerousness.
Article 17.
Accident caused by another worker or by third party
1. When the accident is caused by another worker or by third party, the right to
redress due by the employer is without prejudice to the right of action against those, in the
general terms.
2. If the claims in accident receive from another worker or third party compensation
superior to that due by the employer, this one considers itself unburdened from the respective obligation and
has a right to be reimbursed for the claims of the amounts it has paid or expended.
3. If the indemnity arbitrated to the claims or to its representatives is of amount
lower than the benefits conferred as a result of the accident, the exclusion of the
liability is limited to that amount.
4. The employer or his / her insurer that there is paid for compensation for the accident, may
sub-roar in the right of the aggrieved against those responsible referred to in paragraph 1, if the claims
have not required them judicially for compensation within one year from the date of
accident.
5. The employer and his / her insurer are also holders of the right to intervene as a party
principal in the process in which the disaster claims to those responsible for compensation for the
accident to which this article relates.
Section IV
Aggravation of liability
Article 18.
Performance of the employer's culposth
1. When the accident has been provoked by the employer, your representative or entity
by that contractor, or result from a lack of observation, by those, of the rules on
safety and health at work, the compensation covers the totality of the damage,
heritage and non-patrimonial, suffered by the worker and his family members, in the terms
general.
2. The provisions of the preceding paragraph shall be without prejudice to the criminal liability in which the
employer, or your representative, has incurred.
3. If, under the conditions laid down in this article, the accident has been provoked by the
representative of the employer, this will have a right of return against that one.
4. In the case provided for in this Article, and without prejudice to the ressaration of the damage
heritage and non-patrimonial damage, as well as of the remaining benefits due
by uncultured acting, is due an annual pension, intended to repair the reduction in the
work capacity or gain or die, fixed by the following rules:
a) In cases of absolute permanent disability for any and all work,
or absolute temporary disability, and of death, equal to retribution;
b) In cases of absolute permanent disability for the usual work,
understood between 70% and 100% of the consideration, as per the largest or the smallest
residual functional capacity for the exercise of another compatible profession;
c) In cases of partial, permanent or temporary disability, having on the basis of
reduction in capacity resulting from the accident.
5. In the case of death, the pension provided for in the preceding paragraph shall be rematch by the beneficiaries
of the sinister, in accordance with the proportions provided for in Articles 58 to 60.
6. In the case of a change in the situation of the beneficiaries, the pension is
modified, in accordance with the rules laid down in the preceding paragraph.
Section V
Nature, determination and graduation of disability
Article 19.
Nature of disability
1. The work accident may determine temporary or permanent disability for the
work.
2. Temporary disability can be partial or absolute.
3. Permanent incapacity may be partial, absolute for the usual work or
absolute for all and any work.
Article 20.
Determination of disability
The determination of the disability is carried out in accordance with the National Table of
Incapacities by Accidents at Work and Occupational Diseases, elaborated and updated
by a national commission, whose composition, competence and mode of operation are
fixed in own diploma.
Article 21.
Assessment and graduation of disability
1. The degree of disability resulting from the accident defines itself, in all cases, by
coefficients expressed in percentages and determined in function of nature and
seriousness of the injury, the general state of the sinister, its age and profession, as well as the
greater or lesser residual functional capacity for the exercise of another profession
compatible and of the remaining circumstances that may influence your ability to work
or of gain.
2. The degree of disability is expressed by the unit when it occurs full dysfunction with
absolute permanent disability for all and any work.
3. The coefficient of disability is fixed by application of the rules set out in the Table
National of Incapacities by Accidents at Work and Occupational Diseases, in force to the
date of the accident.
4. Where there is a place for the application of the provisions of the paragraph b) of Article 47 (3) and in the
article 52 the judge may requisition to appear prior to specialist experts, specifically
of the relevant departments of the ministry responsible for the labour area.
Article 22.
Conversion of temporary disability into permanent
1. Temporary disability converts into permanent decorations 18 months
consecutive, owing to the medical expert of the court to reassess the respective degree of
disability.
2. Checking that the claimant is being provided the necessary clinical treatment, the
Prosecutor's Office may extend the deadline set in the previous number, up to a maximum of 30
months, the requirement of the responsible entity and or the sinister.
Section VI
Repair
Subsection I
General provisions
Article 23.
General principle
The right to redress comprises the following benefits:
a) In kind: benefits of a medical, surgical, pharmaceutical, hospital, and
any others, whatever their form, as long as necessary and appropriate to the
restoration of the state of health and the ability to work or gain from the
sinister and to his recovery for working life;
b) In cash: compensation, pensions, benefits and allowances provided for in the present
law.
Article 24.
Recidivation or aggravation
1. In the cases of recidivation or aggravation, the right to benefits provided for in paragraph (a) of the
previous article keeps after the high, whatever the situation in this defined, and covers the
diseases related to the consequences of the accident.
2. The right to compensation for absolute or partial temporary disability for the
work, provided for in point (b) of the previous article in the event of recidivation or aggravation,
remains:
a) After the allocation to the new casuality claims;
b) Between the date of the hike and that of the following new low, if the latter comes to be given on the deadline
of eight days.
3. For the purposes of the preceding paragraph, the value of the consideration to date is considered
of the accident actualized by the percentage increase of the guaranteed monthly minimum consideration.
Subsection II
Benefits in kind
Article 25.
Modalities of benefits
1. The benefits in kind provided for in the paragraph a) of Article 23 comprise:
a) The medical and surgical, general or specialized assistance, including all the
diagnostic and treatment elements that are necessary, as well as the
home visits;
b) The medicated and pharmaceutical assistance;
c) The nursing care;
d) The hospitalization and the thermal treatments;
e) The lodging;
f) Transport for observation, treatment or comparency to legal acts;
g) The provision of technical aids and other technical compensation devices
of the functional limitations, as well as their renewal and repair;
h) Professional and social rehabilitation and reintegration services, including the
adaptation of the post of the work;
i) Medical or functional rehabilitation services for working life;
j) Psychotherapeutic support, where necessary, to the family of the sinister.
2. The assistance referred to in points a) and j) from the previous number includes the assistance
psychological and psychiatric, when recognized as necessary by the attending physician.
Article 26.
First aid
1. The verification of the circumstances provided for in Articles 15 and 16 shall not waiver the
employer of the provision of the first aid to the worker and his / her transport to the
place where it can be clinically soccurred.
2. The employer or who represents him in the direction or supervision of the work must, soon
who has knowledge of the accident, secure the immediate and indispensable aid
clinicians and pharmacists to the sinister, as well as the most appropriate transport for such
effects.
3. The transport and aid referred to in the preceding paragraph are provided independently
of any appreciation of the legal conditions of the repair.
Article 27.
Place of provision of clinical assistance
1. Clinical assistance shall be provided in the locality where the claims claim resides or in its
own housing, if this is indispensable.
2. Such assistance may, however, be provided in any other place by determination
of the attending physician or by agreement between the sinister and the responsible entity.
Article 28.
Medical assistant
1. The responsible entity shall have the right to appoint the assistant physician of the sinister.
2. The sinister may turn to any doctor in the following cases:
a) If the employer or who the damper does not find himself at the scene of the accident and
there is urgency in the rescues;
b) If the responsible entity does not appoint an assistant doctor or while it does not;
c) If the responsible entity renounes the right to choose the attending physician;
d) If you are given high without being cured, you should, in this case, apply for examination by the
expert of the court.
3. While there is no designated assistant physician, it is as such considered, for all the
legal effects, the doctor treating the sinister.
Article 29.
Duty of clinical assistance
No physician can deny himself to provide clinical assistance to the claims of the work, when
requested by the responsible entity or the claims itself, in the case where it is
allowed the choice of the assistant doctor.
Article 30.
Observance of clinical and surgical prescriptions
1. The accident claims shall submit to the treatment and observe the prescriptions
clinics and surgical of the physician designated by the responsible entity, necessary for the cure of the
injury or disease and the recovery of the capacity of work, without prejudice to the right to
request the court's expert examination.
2. Being the incapacity or aggravation of the damage consequence of unwarranted refusal or
lack of observance of clinical or surgical prescriptions, the compensation may be
reduced or excluded in the general terms.
3. It is always considered justified to refuse surgical intervention when, by its
nature or the state of the sinister, endanger the life of this.
Article 31.
Legal replacement of the medical assistant
1. During internment in hospital, the assistant physician is replaced in his / her duties
by the doctors of the same hospital, although with the right to accompany the treatment of the
claimant, as per the respective internal regulations or, in lack or insufficiency
of these, according to the determinations of the clinical director.
2. The right to accompany the treatment of the sinister contemplates, inter alia, the
faculty of the assistant physician have access to all clinical documentation concerning the
claimant in power of the hospital establishment.
Article 32.
Choice of the surgeon surgeon
In cases where high risk surgical intervention should be subjected to the sinister has
right to choose the surgeon surgeon.
Article 33.
Contestation of the resolutions of the medical assistant
The claims or the responsible entity shall have the right not to conform to the resolutions
of the physician assistant or of whom we legally replace him.
Article 34.
Solution of divergences
1. Any divergence on the matters regulated in Articles 31, 32 and 33, or other
of clinical nature, can be solved by simple conference of doctors, of the initiative of the
sinister, of the responsible entity or of the assistant physician, as well as the legal substitute
of this.
2. If the divergence is not resolved in the terms of the preceding paragraph, it is solved:
a) There being hospital internment, by the respective clinical director or the doctor
that should replace him, if he is the attending physician;
b) There is no hospital internship, by the medical expert of the court of the labour of the
area where the sinister finds itself, by determination of the Public Prosecutor's Office, the
solicitation of any of the interested.
3. The resolutions of the physicians referred to in the paragraphs of the preceding paragraph shall be on the record
document written and the person concerned may complain, upon application
reasoned, for the judge of the court of labour of the area where the sinister finds himself, who
decides definitely.
4. In the cases provided for in paragraph b) of paragraph 2 and paragraph 3, if it comes to the emergent process
of accidents at work, the processed is apensed to this one.
Article 35.
Exam bulletins and high
1. At the beginning of the treatment of the claimant, the assistant physician issues an examination bulletin,
in which it describes the diseases or lesions that find it and the symptomatology presented
with detailed description of the lesions referred to by the same as resulting from the
accident.
2. At the end of the treatment of the claims, whether by the latter to be cured or under conditions
of working, whether for any other reason, the attending physician issues a high bulletin
clinic, in which you declare the cause of the cessation of treatment and the degree of disability
permanent or temporary, as well as the justifying reasons for its findings.
3. Understanding by high clinic the situation in which the lesion has totally disappeared or if
presents as unceptible of modification with proper therapeutics.
4. The exam bulletin is issued in triplicate and the one of high in duplicate.
5. Within 30 days after the achievement of the acts is delivered an exemplar of the bulletin to the
sinister and referred to the court, if any, as well as sent the third copy
of the examination bulletin to the responsible entity.
6. Dealing with claims to be held by insurer, central, regional, local administration
or of another entity dispensed with transferring responsibility for an accident of work, the
bulletin only is referred to judgment when there is to be a medical examination, when the
court the requisite or have to keep up with the participation of the accident.
7. Immediately after the realization of the acts the insurer delivers to the sinister an
informative document showing the periods of temporary and respective disability
degree, as well as, if it is the case, the date of the high and the cause of cessation of treatment.
Article 36.
Requisition by the court
The responsible entity, the hospital establishments, the competent departments of the
social security and doctors are required to provide the labour courts with all the
clarifications and documents that are requested to them in respect of observations and
treatments made to claims or, in any other way, related to the accident.
Article 37.
Establishment of health
1. The internment and the treatments provided for in Article 23 (a) shall be made in
health establishment appropriate to the re-establishment and rehabilitation of the sinister.
2. The resource, where necessary, the establishment of health outside the national territory will be
done after opinion of medical board proving the impossibility of treatment in
hospital in the national territory.
3. The responsible entity shall sign term of liability for warranty of the
payment of the expenses with the internment and the treatments provided for in the paragraph a) from the
article 23.
4. If that entity refuses to sign the term of responsibility, it cannot, with that
foundation, being denied treatment or the internment of the sinister, whenever the
gravity of your state impose it.
5. In the case provided for in the preceding paragraph, the health establishment shall join the
respective process the note of the expenses incurred for the purpose of payment.
6. The health establishment that unjustifiably fails to fulfill the obligations of the
treatment or urgent internment referred to in paragraph 4 is responsible for the aggravation
of the lesions of the sinister, recognized judicially as a consequence of such facts.
7. Understand by health establishment, the hospital, home of health, nursing home or
of convalescence.
Article 38.
Transport and stay
1. The claims claim is entitled to the supply or payment of transport and stay, which
must comply with the comodity conditions imposed by the nature of the injury or the disease.
2. The supply or payment referred to in the preceding paragraph covers the displacements and
remain necessary for observation and treatment, and those required by the comparency to acts
judicial, save, as to these, if it is a consequence of the claim of the claim that comes into being
adjudged improcedant.
3. The sinister uses collective transport, unless otherwise there is or if another is more
indicated by the urgency of the treatment, by determination of the attending physician or by other
attentive ponderous reasons.
4. When the sinister is less than 16 years or when the nature of the injury or disease
or other special circumstances so require, the right to transport and stay is extensive to the
person who accompany you.
5. The categories and class of the stay must adjust to the prescriptions of the attending physician or
of the clinicians that in court give it opinion.
6. The payment of transport is also extensive to the legal beneficiary of the claims
whenever you are required to make your comparisons in court and in examinations required of
determination of their disability.
Article 39.
Responsibility for transport and stay
1. Without prejudice to the provisions of the preceding Article, the responsible entity shall only be obliged to
expend the lowest cost of transport and stay benefits that comply with the conditions
of comodity imposed by the nature of the lesion.
2. The responsible entity shall assume beforehand, in the face of transport providers
and stay, the responsibility for the payment of the expenses or in advance of its importance.
Article 40.
Technical aids in general
1. Technical aids and other technical devices for clearing the limitations
functional must be, in each case, those deemed appropriate to the purpose for which they are intended
by the assistant doctor.
2. The right to technical aids and other technical devices for clearing the limitations
functional covers still those for correction or visual, auditory or
another as well as the dental prosthesis.
3. When there are disagreements on the nature, quality or suitability of aids
techniques and other technical compensation devices of functional limitations or on the
compulsory or need for its renewal or repair, the Public Prosecutor's Office, by
your initiative or at the request of the claimer, asks to appear to the medical expert of the court of
work of the disaster-stricken area of residence.
Article 41.
Option of the sinister
1. The sinister may opt for the importance corresponding to the value of technical aids and
other technical compensation devices of the functional limitations indicated by the
assistant physician or by the court, when you intend to purchase cost-technical aids
top.
2. In the case provided for in the preceding paragraph, the responsible entity deposits the said
importance to the order of the court, within the time frame of this set to be paid to the entity
supplier after verified the application of technical aid.
Article 42.
Repair and renewal of technical aids in general
1. Whenever an accident of work is unusable or damage technical aids and other
technical countervailing devices from the functional limitations of which the sinister was already
holder:
a) They are in charge of the entity responsible for that accident the necessary expenses
to the renewal or repair of the mentioned technical aids;
b) There is a place, if any, to the payment of compensation corresponding to the
the resulting disability.
2. Treating for renewal, the respective charge may not be higher than the cost of aid
technique equal to the unusable, unless there is another more suitable technical aid.
3. The expenses for repair or refurbishment of technical aids and other technical devices
of compensation of the functional limitations used by force of accident work and
deteriorated as a consequence of use or normal wear and wear are borne by the entity
responsible for the accident that determined the respective use.
4. During the period of repair or renewal of technical aids and other devices
technicians, the responsible entity shall, where possible, ensure the claims to
replacement of the same.
Article 43.
Professional rehabilitation and adaptation of the job posting
1. The employer shall ensure the occupational rehabilitation of the worker and the adaptation of the
job posting that are necessary for the exercise of the duties.
2. The vocational rehabilitation referred to the anteiror number shall be ensured by the
employer without prejudice to the minimum number of annual hours of certified training to which
the worker is entitled.
Article 44.
Judicial notification and implementation
1. If the entity responsible, unjustifiably, refuses or proofs the supply,
renovation or repair of technical aids and other technical compensation devices
of the functional limitations or not to carry out the deposit referred to in Article 41 (2), the judge
profere decision, ordering the notification of that entity to, within 10 days,
deposit to their order the importance that is due.
2. The responsible who does not comply with the decision is executed for the payment of the value of
deposit, following the terms of the execution-based execution of sentencing in
right amount.
3. By the product of the execution, the court pays the expenses of the technical aids and other
technical devices for clearing the functional limitations to the entity that supplied them
or repaired, after ascertained its correct application.
Article 45.
Loss of the right to renewal or repair
The sinister loses the right to the renewal or repair of technical aids and other
technical compensation devices of the functional limitations that deteriorate or
uselessness due to gross negligence on your part.
Subsection III
Cash benefits
Division I
Modalities of benefits
Article 46.
Modalities
1. The cash benefits provided for in paragraph b) of Article 23 comprise:
a) The compensation for temporary disability for the work;
b) The provisional pension;
c) The compensation in capital and pension for permanent disability for the work;
d) The allowance for a situation of high permanent disability;
e) The death allowance;
f) The allowance for funeral expenses;
g) The pension for death;
h) The supplementary provision for third person assistance;
i) The allowance for housing retrofit;
j) The allowance for the frequency of actions in the scope of vocational rehabilitation
necessary and appropriate to the reintegration of the claims in the labour market.
2. The allowance provided for in the paragraph j) it is cumulable with the benefits referred to in points a) , b)
c) and i) of the preceding paragraph, and may not in the whole be surpassed, monthly, the
amount equivalent to six times the value of 1.1 of the Social Apoios Indexing (IAS).
3. The compensation in capital, the allowance for a situation of high permanent disability,
the grants for death and funeral expenses and the allowance for housing retrofit are
single assignment benefits, being of continued or periodic assignment all the
remaining benefits provided for in paragraph 1.
Division II
Benefits for disability
Article 47.
Benefits
1. The compensation for temporary disability for the work is intended to compensate for the
claimant, for a limited period of time, by the loss or reduction of the capacity of
work or gain, resulting from an accident of work.
2. The compensation in capital and the pension for permanent disability and the allowance of
high permanent disability are benefits intended to compensate for the claims by the
loss or permanent reduction of its capacity for work or gain resulting from
accident at work.
3. If the accident results in a reduction in the capacity for work or gain of the claims, this
is entitled to the following benefits:
a) By absolute permanent disability for the whole and any work: annual pension and
lifetime equal to 80% of the consideration, increased by 10% of this, by each person to
cargo, up to the limit of the retribution;
b) By absolute permanent disability for the usual work: annual pension and
lifetime of between 50% and 70% of the consideration, as per the largest or the smallest
residual functional capacity for the exercise of another compatible profession;
c) By partial permanent disability: annual and lifetime pension corresponding to 70%
of the reduction suffered in the general earning capacity or capital of remitting the pension
in the terms provided for in Article 74;
d) By absolute temporary disability: daily compensation equal to 70% of the
retribution, in the first 12 months and from 75%, in the subsequent period;
e) By partial temporary disability: daily compensation equal to 70% of the reduction
suffered in the overall earning capacity.
4. The compensation for temporary disability is due for as long as the claims are in
Ambulatory treatment or vocational rehabilitation scheme, being reduced to 45%
during the period of hospital internment or during the time they run on account
of the entity responsible for the expenditure on the clinical assistance and food of the sinister,
as long as this one does not have any person at his post.
Article 48.
Person to be held
For the purposes of the provisions of paragraph 3 (a) of the preceding Article, the person shall be deemed to be
of the sinister:
a) Person who with him living in communion of table and housing, with incomes
monthly lower than the value of the social pension;
b) Spouse or person who with him living in de facto union with monthly income
lower than the value of the social pension;
c) Descent under the terms set out in Article 59 (1);
d) Rising with individual earnings of monthly value lower than the value of the
social pension or, which jointly with those of your spouse or person who
with it live in de facto union, do not exceed twice this value.
2. It is equated to the descendant of the sinister, for the purposes of the preceding paragraph:
a) Stepson;
b) Tuteled;
c) Adopted;
d) Minor who, upon judicial or administrative trust, finds himself in office
with a view to the future adoption;
e) Minor that is entrusted to you by decision of the court or entity or service
legally competent for the purpose.
3. It is equated to the ascendant of the sinister, for the purposes of the provisions of paragraph 1:
a) Padrasto and stepmother;
b) Adopter;
c) Afim understood in the straight-line recap.
4. At the request of the responsible entity, the beneficiary shall make annual proof of the maintenance
of the requirements giving them the right to pension, under penalty of the respective payment being
suspended 60 days after the date of the application, the types of regulated proof being admitted
by the standard of the Insurance Institute of Portugal whose costs, if they exist, are borne
by the responsible entity.
Article 49.
Mode of fixation of temporary and permanent disability
1. The compensation for temporary disability is paid in relation to every day,
including those for rest and holidays, and starts winning the day after the accident.
2. Pension for permanent disability is set at annual amount and begins to win
the day after that of the sinister high.
3. In the temporary incapacity exceeding 30 days is paid the proportional part
corresponding to holiday and Christmas allowances, determined as a function of the percentage
of the provision provided for in points d) and e) of Article 47 (3).
Article 50.
Suspension or reduction of pension
1. Pension for permanent disability may not be suspended or reduced, even if the
sinister comes to earn superior retribution to the one it had before the accident, save in
consequence of revision of the pension.
2. The pension for permanent disability is cumulable with any other.
Article 51.
Provisional pension
1. Without prejudice to the provisions of the Labor Code of Procedure, a
provisional pension for permanent disability between the day after the high and the time
of fixing the definitive pension.
2. The provisional pension is intended to ensure timely and appropriate protection in cases
of permanent disability, whenever there are determinant reasons of the retardation of the
allocation of benefits.
3. The provisional pension, by permanent disability of less than 30%, is awarded by the
entity responsible and calculated in accordance with the terms of the c) of Article 47 (3), on the basis of
in the devaluation defined by the assistant doctor and the guaranteed consideration.
4. The provisional pension for permanent disability equal to or greater than 30%, is awarded
by the responsible entity, being of an amount equal to the monthly value of the indemnity
provided for in paragraph e) of Article 47 (3), and on the basis of the devaluation defined by the
assistant doctor and the guaranteed retribution.
5. The amounts paid in the terms of the preceding paragraphs are considered when
final fixation of the respective rights.
Article 52.
Supplementary provision for assistance to third person
1. The supplementary provision of the pension is intended to compensate for the charges with assistance
of the third person in the face of the situation of dependence in which you find or come to
find the sinister for permanent disability for the work, as a result of
injury resulting from accident.
2. The allocation of the supplementary provision depends on the claim not being able, on its own,
provide for the satisfaction of your basic daily needs, caring for assistance
permanent third person.
3. The family of the sinister who will pay him permanent assistance is equated with the third
person.
4. It cannot be considered third person who finds himself equally lacking in
autonomy for the realization of the basic acts of daily life.
5. For the purposes of paragraph 2 shall be considered, inter alia, acts relating to the care of
personal hygiene, food and locomotion.
6. Assistance can be ensured through successive and conjugated participation of various
persons, including the provision in the framework of home support, during the minimum period
of six hours daily.
Article 53.
Amount of extra provision for assistance to third person
1. The supplementary provision of the pension provided for in the preceding Article shall be set in an amount
monthly and has as the maximum limit the value of 1.1 IAS.
2. When the attending physician understands that the claimant cannot dispense with the assistance of
a third person, shall be assigned to it, from the day after the high and up to the
moment of fixation of the definitive pension, a provisional supplementary provision
equivalent to the amount provided for in the preceding paragraph.
3. The amounts paid in the terms of the preceding paragraph shall be considered when setting
final of the respective rights.
4. The supplementary provision is annually up to date in the same percentage as the for
the IAS.
Article 54.
Suspension of supplementary provision for third-person assistance
The supplementary provision of the pension is always suspending if the internment of the
sinister in hospital, or similar establishment, for a period of time longer than 30 days
and during the time the costs run on account of the responsible entity.
Division III
Benefits by death
Article 55.
Mode of pension fixation
1. The pension for death is set at annual amount.
2. Pension for death, including due to unborn child, wins from the day after the
of the demise of the sinister and cumulate with any others.
Article 56.
Holders of the right to pension for death
1. In the event of death, the pension is due to the following family members and equipped of the
sinister:
a) Spouse or person who with him lived in de facto union;
b) Ex-spouse or spouse judicially separated at the date of death of the sinister and
with a right to food;
c) Children, albeit unborn, and those adopted, at the date of death of the sinister, if
are under the conditions laid down in Article 59 (1);
d) Ancestry that, at the date of the death of the sinister find themselves in the conditions
provided for in point (d) of Article 48 (1);
e) Other succesable relatives who, at the date of the death of the sinister, with him live in
table communion and housing and meet under the conditions laid down in paragraph 1
of Article 59.
2. For the purposes of recognition of the right is equiped the child the stepson of the sinister,
as long as this one was obliged to the provision of food.
3. It is considered to be a person living in de facto union to which it fulfils the requirements of the article
2020. of the Civil Code.
4. At the request of the responsible entity, the relatives and equipmen referred to in paragraph 1, shall
make annual proof of the maintenance of the requirements that entiment you to the right to pension, in the
terms and to the effects provided for in Article 48 (4).
Article 57.
Situations of nullity, nullability, indignity and deserdation
1. In case of marriage declared void or annulled, you are entitled to the benefits by death to
person who has celebrated the marriage of good faith with the sinister and, at the date of his death,
receive pension from food enacted or approved judicially, or when this one does not
it has been ascribe to him by the court for lack of economic capacity of the deceased for the
provide.
2. You are not entitled to benefits by death, the person who lacks inheritance capacity
by reason of indignity, save if it has been rehabilitated by the sinister, or deserdation.
Article 58.
Pension to spouse, ex-spouse and person living in union
in fact with the sinister
1. If the accident results in the death of the sinister, the pension is as follows:
a) To the spouse or the person who with him lived in de facto union: 30% of the retribution
of the sinister until he perched the retirement age by old age and 40% from that
age or verification of disability or chronic disease affecting
appreciably its capacity for the work;
b) To the former spouse or spouse judicially separated and entitled to food: a
pension set out in the preceding paragraph and on the same terms, up to the limit of the
amount of the foods fixed judicially.
2. If by death of the claims there is competition among the beneficiaries referred to in the
previous number, the pension is rematch in the proportion of the respective rights.
3. Any of the persons referred to in paragraph 1 who contract marriage or pass on a living in
de facto union receives, for one time, triple the value of the annual pension, except if it already has
occurred the total remitment of the pension.
Article 59.
Pension to children
1. If the accident results in death, they are entitled to the pension the children who find themselves in the
following conditions:
a) Age of less than 18 years;
b) Between 18 and 22 years of age while attending secondary school or course
equated;
c) Between the ages of 18 and 25, while they attend top level course or
equated;
d) No age limit, when affected by disability or chronic disease that
appreciably affect your capacity for the work.
2. The amount of the child's pension is that of 20% of the claim's consideration if it is only
one, 40% if they are two, 50% if they are three or more, receiving double these amounts,
up to the limit of 80% of the claim's consideration, if they are orphans of father and mother.
Article 60.
Pension to the ascendants and other inheritance relatives
1. If the accident results in the death of the sinister, the amount of pension of the ascendants and
any inheritance relatives are, for each, 10% of the claim's consideration, not
and the total pension may exceed 30% of this.
2. In the absence of holders referred to in points a) a c) of Article 56 (1), the
beneficiaries referred to in the preceding paragraph receive, each, 15% of the consideration of the
sinister, even perdoing the age of retirement by old age, and 20% from this age or in the
case of disability or chronic disease that appreciably affects your capacity for the
work.
3. The total pension provided for in the preceding paragraph shall not exceed 80% of the consideration for the
sinister, proceeding to prorogation, if necessary.
Article 61.
Disability or chronic disease of the legal beneficiary
1. For the purposes set out in Articles 58, 59 and 60, it shall be deemed to be capable of the
work appreciably affected, the legal beneficiary of the sinister suffering from disability
or chronic disease that definitely reduces it to its overall earning capacity in more
of 75%.
2. It has been for definite the failure to gain mentioned in the preceding paragraph when
be of presumed that the disease will not have favorable evolution in the three subsequent years to the
date of your recognition.
3. Surging doubts about the incapacity referred to in the preceding paragraphs, this is fixed
by the court.
Article 62.
Absence of beneficiaries
If there are no beneficiaries entitled to pension revert to the Accident Fund of
I work an importance equal to triple the annual retribution.
Article 63.
Accumulation and prorogation of the pension by death
1. Pension-by-death pensions are cumulable, but their total cannot exceed 80% of the
retribution from the sinister.
2. If the pensions referred to in Articles 58 to 60 exceed 80% of the consideration of the
sinister, are subject to prorogation, while that amount is shown to be exceeded.
3. If during the period in which the pension is due to the children, any of them stay
orphan of father and mother, the respective pension is increased to double, up to the maximum limit of
80% of the retribution of the claims.
4. Pensions of the children of the sinister are, in each month, those corresponding to the number of the
who are entitled to pension in that month.
Division IV
Subsidies
Article 64.
Subsidy for death
1. The death allowance is intended to compensate for the charges arising from the demise of the
sinister.
2. The death allowance is equal to 12 times the value of 1.1 IAS at the date of death, being
assigned:
a) Half to spouse, ex-spouse, spouse separated judicially or to the person who
with the sinister living in de facto union, and half to the children who are entitled to
pension;
b) By whole to spouse, ex-spouse, spouse separated judicially or to the person who
with the sinister living in de facto union, or the children provided for in the preceding paragraph,
when they compete in isolation.
3. The allowance to be awarded to the former spouse and to the separate spouse judicially depends on this
be entitled to food from the sinister, and may not exceed 12 times the monthly pension that
is receiving.
4.O death allowance is not due if the sinister does not leave beneficiaries referred to in the n.
2.
Article 65.
Allowance for funeral expenses
1. The allowance for funeral expenses is intended to compensate for the expenses incurred by the
funeral of the sinister.
2. The allowance for funeral expenses is equal to the amount of the expenses incurred with the
even, with the limit of four times the value of 1.1 IAS, increased to double, if
there is trasladation.
3. The right to allowance for funeral expenses can be recognized to distinct persons
of the relatives and equiped of the sinister.
4. You are entitled to the allowance for funeral expenses who demonstrably have carried out
the payment of these.
5. The deadline to apply for the allowance for funeral expenses is one year from the
realisation of the respective expenditure.
Article 66.
Allowance for situations of high permanent disability
1. The allowance for situations of high permanent disability is intended to compensate for the
sinister, with absolute permanent disability or partial permanent disability
equal to or greater than 70%, by the loss or high permanent reduction of its capacity to
work or gain resulting from an accident of work.
2. Absolute permanent disability for the whole and any work confers on the sinister
the right to an allowance equal to 12 times the value of 1.1 IAS.
3. Absolute permanent disability for the usual work confers on the beneficiary
right to a subsidy set between 70% and 100% of 12 times the value of 1.1 IAS, having in
account for residual functional capacity for the exercise of another compatible profession.
4. Partial permanent disability equal to or greater than 70% confers on the beneficiary the
right to a subsidy corresponding to the product between 12 times the value of 1.1 IAS and the degree
of fixed incapacity.
5. The IAS value provided for in the preceding paragraphs corresponds to that which is in force at the date
of the accident.
6. In cases where cumulation of incapacity is found, it serves as a basis for weighting
the degree of global disability fixed in the legal terms.
Article 67.
Allowance for housing retrofit
1. The allowance for housing retrofit is intended for the payment of expenses with
rehabilitation of the housing of the disaster-stricken by permanent disability for the work that
of her in need, in function of her disability.
2. In the case provided for in the preceding paragraph, the claims claim shall be entitled to the payment of the expenses
supported with housing readaptation, up to the limit of 12 times the value of 1.1 IAS à
date of the accident.
Article 68.
Allowance for frequency of actions in the scope of vocational rehabilitation
1. The allowance for frequency of shares in the scope of vocational rehabilitation is intended for the
payment of expenses with actions that are intended to restore the skills and
professional abilities of the sinister whenever the severity of injuries or other
special circumstances the justifying.
2. The allocation of the allowance for the frequency of actions in the scope of rehabilitation
professional depends on the claims to bring together, cumulatively the following conditions:
a) Having the remaining capacity appropriate to the performance of the profession to which it relates
the professional rehabilitation actions;
b) Be entitled to compensation or pension for disability resulting from the accident of
work or occupational disease;
c) Have required the frequency of action or course or accepted proposal from the Institute of the
Employment and Vocational Training or other institution by this certificate;
d) Obtain favourable opinion from the medical expert responsible for assessment and determination
of the disability;
3. The amount of allowance for the frequency of actions in the scope of rehabilitation
professional corresponds to the amount of expenditure incurred on the frequency of the same,
without prejudice, if it is action or course organized by a diverse entity of the Institute
of Employment and Vocational Training, of the limit of the monthly value corresponding to the value of
1.1 IAS.
4. The allowance for frequency of shares in the scope of vocational rehabilitation is due to
from the date of the effective start of the frequency of the same, not the duration of the duration,
followed or interpolated, lasting longer than 36 months, save in exceptional situations
duly substantiated.
Division V
Review of benefits
Article 69.
Review
1. When a modification in the working capacity or gain of the
claims arising from aggravation, recidivation, relapse or improvement of injury or disease
that has given rise to repair, or clinical intervention or application, of technical aids and
other technical compensation devices of the functional limitations or still of
rehabilitation and professional reintegration and retrofitting to work, the provision can be
altered or extinguished, of harmony with the verified modification.
2. The review may be carried out on the application of the claims or the responsible for the
payment.
3. The review may be required once in each calendar year.
Division VI
Calculation and payment of benefits
Article 70.
Calculation
1. The compensation for temporary disability and the pension for death and disability
permanent, absolute or partial, are calculated on the basis of the ill-gotten annual consideration
normally due to the sinister, at the date of the accident.
2. Understand for monthly consideration all benefits received with a character of
regularity that is not intended to compensate for the claims for random costs.
3. Understand for annual consideration the product of twelve times the increased monthly consideration
of the Christmas and holiday allowances and other annual benefits to which the claims claim is entitled
with a character of regularity.
4. If the consideration corresponding to the day of the accident is different from the normal retribution,
this is calculated by the average of the working days and the respective retribution earned by the
sinister in the period of a year prior to the accident.
5. In the absence of the elements indicated in the previous figures the calculation is second to the
prudent arbitrio of the judge, taking into consideration the nature of the services provided, the category
professional of the claimant and the uses.
6. The consideration corresponding to the day of the accident is paid by the employer.
7. If the sinister is practicing, apprenticeship or trainee, or in the remaining situations that should
consider yourself vocational training, the compensation is calculated on the basis of the consideration
annual average illiquid of a worker of the same company or similar company and who exercises
activity corresponding to training, apprenticeship or internship.
8. The provisions of paragraphs 4 and 5 shall apply to non-regular work and to the worker on time
partial linked to more than one employer.
9. The calculation of benefits for part-time workers is based on retribution
who would earn if they worked full-time.
10. The absence to work to carry out any examinations with the purpose of characterizing the
accident or the disease, or for your treatment, or still for the acquisition, replacement or
arrangement of technical aids and other technical devices for clearing the limitations
functional, does not determine loss of retribution.
Article 71.
Payment of compensation, pension and supplementary provision
1. The annual pension for permanent disability or death is paid, in advance and on a monthly basis,
by the third day of each month, corresponding to each provision to 1/14 of the annual pension.
2. The holiday and Christmas allowances, each in the amount of 1/14 of the annual pension, are,
respectively, paid in the months of June and November.
3. The compensation for temporary disability is paid on a monthly basis.
4. The payment of the supplementary provision for third-person assistance accompanies the
monthly payment of the annual pension and holiday and Christmas allowances.
5. Interested parties may agree that payment is carried out with periodicity
different from the one indicated in the previous numbers.
Article 72.
Place of payment of benefits
1. The payment of the benefits provided for in Article 23 (b) is carried out in the place of
residence of the sinister or his relatives, if another is not agreed.
2. If the creditor of the benefits is absent for the foreigner, the payment is made in the
agreed place, without prejudice to the provisions of international conventions or agreements of
reciprocity.
Article 73.
Deduction of the addition of expenses
1. When it is agreed upon, at the request of the sinister or the legal beneficiary, for payment
of benefits, place other than that of the residence of those, the responsible entity may
deduct in the amount of the same the addition of the resulting expenses.
2. The agreement on the place or periodicity of payment is only valid if redressing the shape
writing.
Section VII
Remand of pensions
Article 74.
Conditions of remitting
1. It is mandatorily to remand the annual lifetime pension due to sinister with disability
partial permanent less than 30%, and the annual lifetime pension due to legal beneficiary,
provided that, in either case, the value of the annual pension is not more than six
times the value of the guaranteed monthly minimum consideration, in force on the day following the date of
high or death.
2. May be partially remitted, the application of the claims or the legal beneficiary, the
annual lifetime pension corresponding to disability equal to or greater than 30% or pension
annual lifetime beneficiary of legal beneficiary, provided that, cumulatively respects the following
limits:
a) The remaining annual pension cannot be less than six times the value of the retribution
minimum monthly guaranteed in force at the date of the authorization of the remand;
b) The capital of the remand may not be higher than that which would result from a pension
calculated on the basis of an inability of 30%.
3. In the event of an accident of work suffered by foreign worker, of which it results
permanent disability or death, the annual lifetime pension can be remitted in capital, by
agreement between the responsible entity and the pension beneficiary, if the latter chooses to leave
definitely Portugal.
4. Excluded from the application of the provisions of the previous figures the statutory pension beneficiary
annual lifetime that suffers from disability or chronic disease that definitely reduces it to
its overall earning capacity by more than 75% percent.
5. In the case of the sinister suffering several accidents the pension to remand is the global one.
Article 75.
Calculation of capital
1. The indemnity in capital is calculated by application of the technical bases of the capital of the
remand, as well as of the respective practical tables.
2. The technical bases and practical tables referred to in the preceding paragraph shall be approved by
would pore from the member of the Government responsible for the area of Finance.
Artigo76.
Rights not affected by the remand
The remand does not harm:
a) The right to benefits in kind;
b) The right of the claimant to apply for review of the provision;
c) The rights assigned to the legal beneficiaries of the sinister, if this comes to be passed on
consequence of the accident;
d) The updating of the remaining pension in the case of partial remand or resulting from
pension review.
Section VIII
Guarantee of compliance
Article 77.
Inalienability, impenhorability, irrenunciability of credits and guarantees
The claims arising from the right to redress established in this Law are
inalienable, impawable and unrelatable and enjoy the guarantees laid down in the Code
of the Work.
Article 78.
System and insurance unit
1. The employer is obliged to transfer the responsibility for the repair provided for in the
present law to legally authorized entities to carry out this insurance.
2. The obligation laid down in the preceding paragraph shall also be worth in relation to the employer who
hire workers exclusively to provide work in other companies.
3. Checking out any of the situations referred to in Article 18 (1), the responsibility
in it provided for, depending on the circumstances, falls on the employer or on the company
Labor user, being the insurer only partially responsible for the
benefits that would be due if there was no culpable performance.
4. When the stated consideration for the purpose of the insurance premium is less than the real one, the
insurer is only liable in relation to that consideration, which may not be lower than the
guaranteed minimum monthly retribution.
5. In the case provided for in the preceding paragraph, the employer responds by the difference concerning the
compensation for temporary disability and pension due, as well as, by the expenses
carried out with the hospitalization and clinical assistance, in the respective proportion.
Article 79.
Dispensation of transfer of responsibility
The obligations imposed by the previous article do not cover the central, regional
and place and the remaining entities to the extent that the respective employees and agents are
covered by the scheme for accidents in service or other legal regime with the same
scope.
Article 80.
Uniform policy
1. The uniform policy of occupational accident insurance appropriate to the different occupations
and activities, in harmony with the principles laid down in this Law and respective
regulatory legislation, is approved by joint porterie of the Ministers responsible for the
areas of finance and labour, on a proposal from the Insurance Institute of Portugal, heard the
representative associations of the insurance undertakings and upon the prior opinion of the
Economic and Social Council.
2. The uniform policy obeys the principle of graduation of the insurance premiums in function
of the degree of risk of the accident, taken into account the nature of the activity and the conditions of
prevention implanted in workplaces.
3. It shall be provided for in the uniform policy the review of the value of the award, on the initiative of the
insurer or at the request of the employer, on the basis of the actual modification of the conditions of
prevention of accidents at workplaces.
4. Are void the additional clauses that contravenes the established rights or guarantees
in the uniform policy provided for in this article.
Article 81.
Guarantee and update of pensions
1. The guarantee of the payment of the pensions set out in this Law which may not be
paid by the responsible entity, particularly on grounds of economic failure, is
taken over and supported by the Working Accidents Fund, on the regulated terms in
special legislation.
2. They are also the responsibility of the fund referred to in the preceding paragraph
updates of the value of pensions due by permanent disability equal or higher
at 30% or by death and other responsibilities on the regulated terms in legislation
special.
3. The fund referred to in the preceding paragraphs is creditor of the entity economically
incapable, or of the respective bankrupt mass, by fit to their credits, should the incapable entity
be an insurance company, graduation identical to that of the specific insurance lenders.
4. If in the framework of a company recovery process this one finds
unable to pay the premiums of the occupational accident insurance of the respective
employees, the manager of the company shall communicate such impossibility to the said fund
in the preceding paragraphs sixty days before the expiry of the contract, so that the
fund, wanting, can replace yourself with the company in that payment, in this case being applicable
the provisions of paragraph 3.
Article 82.
Risks refused
1. The Insurance Institute of Portugal sets out by regulatory standard the provisions
concerning the placement of the risks refused by the insurers.
2. The Insurance Institute of Portugal can rehold and roll back the risks refused.
3. Regarding the risks refused, the Insurance Institute of Portugal may apply for the
competent entities, certificates of conformity with the security rules in force.
Article 83.
Obligation of cautioning
1. The employer is obliged to guarantee the payment of pensions by accident at work
in which you have been convicted, or to which you are obliged by approved agreement, when
there is no or insufficient insurance, unless you are able to celebrate with an insurer a contract
specific pension insurance.
2. The collateral may be made by deposit of cash, government debt securities, allocation or
immovable mortgage or bank guarantee.
3. The cautioning is made to the order of the judge of the respective labour court, or to its
Please, within the time frame he designates.
4. Public debt securities are assessed, for the purpose of cautioning, by the last
quotation on scholarship and real estate and mortgage loans by the corrected matrix value of the
respective buildings, competing with the Public Prosecutor's Office to appreciate and give advice on the
idoneity of the cautioning.
5. Real estate subject to this risk is compulsorily safe from fire.
6. The cautioning shall be strengthened where it is found to be insufficient,
applying, with due adaptations, the provisions of the preceding paragraphs.
7. Verified the default, which extends for period of more than 15 days, owes the
payment of the pensions in divida start by the cautioned importances, without
need for execution.
Article 84.
Institute of Insurance of Portugal
1. Compete to the Insurance Institute of Portugal determine the value of the cautioning of the
pensions, when it does not exist or is insufficient the insurance of the responsibilities of the
employer.
2. Compete equally to the Insurance Institute of Portugal give advice on the transfer
of liability for pensions for accidents at work for insurers.
3. Pension values of pensions are calculated according to the tables
Practices referred to in Article 75, add to 10%.
Section IX
Participation of work accident
Article 85.
Claims and legal beneficiaries
1. The claimant or legal beneficiaries, in the event of death, shall participate in the accident of
work, either verbally or in writing, in the following 48 hours, to the employer, save if this the
has presenced or of him come to have knowledge in the same period.
2. If the state of the sinister or other circumstance, duly proven, does not allow
the fulfillment of the provisions of the preceding paragraph, the time limit in this is set to be
cessation of the impediment.
3. If the lesion proves to be or is recognized at a date later than that of the accident, the deadline is to be
from the date of revelation or recognition.
4. When the sinister does not participate in the accident tempestively and for such reason it has been
impossible to the employer or to whom the impoundment in the direction of the work will provide you with
assistance required, the incapacity judicially recognized as a consequence
of that foul does not confer entitlement to the benefits set out in the law, to the extent that it
has resulted.
Article 86.
Employer with responsibility transferred
1. The employer who has transferred the responsibility must, under penalty of responding by
loss and damage, participate in the insurer the occurrence of the accident, within 24 hours, the
from the date of knowledge.
2. Participation shall be remitted to the insurer by means of informatics, in particular in
digital support or electronic mail, unless the provisions of the following number.
3. In the case of micro enterprise, the employer may remit the participation in support of
paper.
Article 87.
Employer without responsibility transferred
1. The employer whose responsibility is not transferred shall participate in the accident to the
competent court, in writing, regardless of any assessment of the conditions
legal redress.
2. The time frame for participation is eight days from the date of the accident or your
knowledge.
3. In the case of death, the accident shall be attended immediately by the competent court, by
e-mail or by fax, without prejudice to the provisions of the preceding paragraphs.
Article 88.
Work on board
1. Being the sinister inscribed maritime, participation is made to the local body of the system of
maritime authority of the port of the national territory where the accident occurred, without prejudice
of other notifications provided for in special legislation.
2. If the accident occurs on board of Portuguese ship, on the high seas or abroad, the
participation is made to the local body of the maritime authority system of the first port
national scaled after the accident.
3. The shareholdings provided for in the preceding paragraphs shall be made, within the period of
two days from the date of the accident or the arrival of the vessel, and remitted immediately to the
court competent by the local body of the maritime authority system, if the
liability is not transferred or if the accident has resulted in death, and to the
insurer in the remaining cases.
Article 89.
Insurer
1. The insurer participates in the competent court, in writing, within eight days of the
of the high clinic, the accident that it has resulted in permanent disability and,
immediately, after your knowledge, by e-mail, fax or other via
with the same effect of written record of messages, the accident of which has resulted in
death.
2. Participation by e-mail, fax or other means with the same effect of
registration of messages does not waiver formal participation that must be made within eight
days counted from the demise or his / her knowledge.
3. The insurer is still participating in the competent court, in writing, within eight days of
count of your verification, all cases of temporary disability which, consecutive or
jointly, surpass 12 months.
Article 90.
Mandatory communication in the event of death
1. The director of hospital establishment, assistential or prison communicates immediately
to the competent court and to the responsible entity, by fax or other means with the same
effect of registration of messages, the demise, as a result of accident, of worker
there internship.
2. Equal obligation has any other person or entity to whose care the claims
is.
Article 91.
Faculty of participation to court
The participation of the accident to the competent court may be made:
a) By the claims, directly or by interposed person;
b) By the family member or equated with the claims;
c) By any entity entitled to receive the value of benefits;
d) By the police or administrative authority that has taken notice of the
accident;
e) By the director of the hospital establishment, assistential or prison where the
disaster-stricken is admitted, having the accident occurred at the service of another entity.
Chapter III
Occupational diseases
Section I
Protection in occupational diseases
Subsection I
Protection of the eventuality
Article 92.
Scope
1. The protection of the eventuality of occupational diseases integrates into the material scope of the
general social security scheme of workers bound by contract of employment and
of the self-employed and those being only covered by some
eventualities, carry out discounts on their respective contributions with a view to being
protected by the regime of occupational diseases.
2. They may, as yet, be covered by the scheme provided for in this Chapter the workers
to which, being only covered by some eventualities, the contributory rate that is to them
applicable integrand the cost of protection in occupational diseases.
Article 93.
List of occupational diseases
1. The elaboration and updating of the list of occupational diseases provided for in paragraph 2 of the
article 283 of the Labour Code is carried out by a national commission, whose
composition, competence and functioning are set out in special legislation.
2. Body injury, functional disturbance or the disease not included in the list to which if
refers to the previous number are indemnible as long as it proves to be a consequence
necessary and direct, of the activity carried out and do not represent normal wear of the
body.
Article 94.
Right to repair
The right to the emerging remediation of occupational diseases provided for in Article 1 of the article
previous presupposes that, cumulatively, if the following conditions are met:
a) Estar the worker affected by the corresponding occupational disease;
b) To have been the worker exposed to the respective risk by the nature of the industry,
activity or conditions, environment and techniques of the usual work.
Article 95.
Assessment, graduation and repair of occupational diseases
The assessment, graduation and remediation of the diagnosed occupational diseases is the exclusive
liability of the service with competences in the area of protection against risks
professionals.
Article 96.
Nature of disability
1. Professional disease may determine temporary or permanent disability for the
work, in the terms set out in Article 19.
2. Temporary incapacity for duration exceeding 18 months considers itself as
permanent, and the respective degree of disability shall be fixed, unless it appears clinical in
contrary, it may not, however, be that such an inability to exceed 30 months.
3. Clinical opinion referred to in the preceding paragraph may propose the continuity of the
temporary incapacity or the allocation of provisional pension.
Article 97.
Protection of the eventuality
1. Protection in occupational diseases is ensured by articulated development and
systematic of the actuations in the field of prevention, by the allocation of cash benefits
and in kind with a view to, in conjunction with, rehabilitation interventions and
professional reintegration, adaptation to the work and repair of the emerging damage of the
eventuality.
2. The benefits in kind are, with due adaptations, the modalities referred to
in the previous chapter, as well as those provided for in the following article.
3. Cash benefits are, with due adaptations, the modalities referred to
in the previous chapter.
Article 98.
Modalities of benefits in kind
They constitute still benefits in kind the reimbursement of travel expenses, of
food and accommodation indispensable for the delivery of the benefits provided for in the
article 25, as well as any others, whatever form they review, provided that
necessary and appropriate to the restoration of the state of health and the capacity of
work or gain from the worker and his recovery for working life.
Subsection II
Title of rights
Article 99.
Holders of the right to benefits by occupational disease
1. The right to benefits is recognised to the beneficiary who is bearer of illness
professional.
2. The right to benefits for death of beneficiary who is holder of illness
professional is recognised to the family members or persons who are equipped, provided for in Article 56.
Article 100.
Familiar to office
The concept of familiar to post, for the effect of entitlement or amount of benefits
regulated in this Chapter, corresponds to that provided for in the general social security scheme
for the protection of the eventuality death.
Section II
Benefits
Subsection I
Cash benefits
Article 101.
Pension and allowances for death and for funeral expenses
1. For the purpose of assigning the pension for death, death grants and for expenses of
funeral, the demise is considered to be decorated with professional illness.
2. The allocation of the benefits referred to in the preceding paragraph, in the event of a death by
natural cause of the beneficiary bearer of occupational disease, depends on their relatives
or third parties are not entitled to equivalent benefits granted by any other
scheme for compulsory social protection.
Article 102.
Additional benefits
In the months of June and November of each year, pension holders are entitled to receive,
in addition to the monthly installment that corresponds to them, an additional amount of equal value.
Subsection II
Benefits in kind
Article 103.
Benefits in kind
1. Species in kind are ensured, as a rule, through reimbursements of the
respective expenses, in the terms of the following numbers.
2. Repayments of health-care expenses are intended to compensate, in the
totality, the spending carried out by the beneficiary with medical, surgical assistance, of
nursing, medicamentous and pharmaceutical, arising from occupational disease.
3. Repayments of expenditures with displacements are intended to compensate us, in the terms
prescribed, the travel expenses incurred by the beneficiary, resulting from recourse to
health care, disability assessment examinations, and rehabilitation services and
professional reintegration as well as frequency of vocational training courses.
4. Repayments of expenses for accommodation and food are intended to compensate,
on the prescribed terms, the expenditures made by the beneficiary arising from the appeal to
installments in kind involving displacement of the place of the residence.
Section III
Conditions for allocation of provision
Subsection I
General conditions
Article 104.
Conditions relating to occupational disease
1. For the purposes of the b) of Article 94 shall be taken into account, to the extent necessary,
the activities likely to cause the risk in question, exercised in the terms of
legislation of another State, if this is provided for in an international instrument of
social security to which Portugal will find itself bound.
2. If the person concerned has been exposed to the same risk under the general scheme and the
legislation from another state to which Portugal finds itself bound by instrument
international, benefits are granted in accordance with the provisions of this instrument.
Article 105.
Term of guarantee
The benefits are assigned regardless of the verification of any time limit of
warranty.
Subsection II
Special conditions
Article 106.
Provisional pension
1. The allocation of the provisional pension for permanent disability depends on
clinical, in the cases provided for by Article 96 (2) and (3).
2. The allocation of the provisional pension for death depends still on not considering
characterized the cause of death, as well as of the respective stakeholders to gather the
legally foreseen condialisms for the recognition of the respective right and not if
find in any of the following situations:
a) Exercise of paid professional activity;
b) Pre-reform;
c) Pensioner of any system of social protection.
3. An interim pension amount may be allotted for permanent disability or
death whenever, verified the determinant conditions of the right, for reasons of order
administrative or technical, not attributable to the beneficiaries, is unfeasible the assignment of
definitive pension within three months of the date of entry of the application.
Article 107.
Allowance for frequency of actions in the scope of vocational rehabilitation
The allocation of the allowance for the frequency of actions in the scope of vocational rehabilitation
depends on the beneficiary meeting, cumulatively, the constraints provided for in the
points a) and b) of Art. 68 (2), as well as the following:
a) Have required the frequency of action or course or accepted proposal of the service with
skills in the area of protection against occupational risks;
b) Obtain assent from the medical services responsible for the evaluation of the
incapacities for occupational diseases.
Article 108.
Benefits in kind
The reimbursement of the expenses for benefits in kind, provided for in Article 103, depends,
as the case:
a) From proof of the impossibility of recourse to the official and authorization services of the
service with skills in the area of protection from occupational risks to
access to private services;
b) From the need to travel and stay outside the usual place of the residence of the
beneficiary;
c) From medical board opinion, how much to the need for health care and its
impossibility of treatment in the national territory.
Section IV
Amount of benefit
Subsection I
Determination of amounts
Article 109.
General arrangement
1. The amount of benefits referred to in points a) a c) and g) of Article 46 (1) shall be
determined by the application of the legally fixed percentage to the reference consideration.
2. The amount of the remaining benefits referred to in Article 46 (1) shall be determined in
function of the expenses carried out or by indexing to certain values.
Article 110.
Determination of the reference consideration
1. In the repair of occupational disease, the reference consideration to be considered in the calculation
of the claims and pensions corresponds to the gross annual consideration due to the
beneficiary in the 12 months prior to the cessation of exposure to risk, or at the date of
certification of the disease that determines disability, if this the preceder.
2. In the case of non-regular work and part-time work with linking to more than one
employer, as well as in the other cases where No 1 is applicable, the consideration of
reference is calculated by the average of the working days and corresponding retribution
earned by the beneficiary in the period of one year prior to the certification of the disease
professional, or in the period in which there was effective work provision.
3. In the absence of the elements referred to in the preceding paragraph, and taking into consideration the nature of the
services provided, the professional category of the beneficiary and the uses, the consideration is
defined by the service with competences in the area of protection against occupational hazards.
4. For the determination of the reference consideration shall be deemed to be:
a) Annual consideration, the 12 gross monthly reciprocations increased from the subsidies of
Christmas and holiday and other annual consideration to which the employee is entitled to
character of regularity, in the 12 months prior to the cessation of risk exposure,
or at the date of the certification of the disease that determines disability, if this the preceder;
b) Daily retribution, the one obtained by the division of the annual consideration by the number of
days with registration of retributions.
Article 111.
Conventional retribution
When the basis of contributory incidence takes into account conventional consideration, the
reference consideration corresponds to the value that serves as the basis of the contributory incidence,
without prejudice to the provisions of the previous article.
Article 112.
Reference consideration in the case of alteration of degree of disability
1. In the case of the beneficiary, by contracting a professional disease, being already affected by
permanent disability resulting from an accident of work or other occupational disease, the
repair is only the one corresponding to the difference between the previous incapacity and the one that is
calculated as if all the disability was imputed to the last professional disease.
2. They are taken into account for the purposes of the previous number the professional incapacities
previous verified in the terms of the legislation of another state to which Portugal finds itself
linked by international social security instrument.
3. In the repair provided for in accordance with paragraph 1, consideration shall be deemed to be the consideration corresponding to the
last occupational disease, save if the previous incapacity also elapse from illness
professional and the corresponding instalment has on the basis of higher consideration, in which case it is
this one considered.
4. For the purposes of applying this article and in cases of absolute permanent disability
for the usual work must be determined a degree of disability.
5. The provisions of paragraph 3 shall also apply to cases of review in which there is aggravation of
disability.
Subsection II
Benefits for disability
Division I
Compensation for temporary disability
Article 113.
Compensation for pneumoconiosis associated with tuberculosis
1. The daily amount of compensation for temporary disability of the holder
of pneumoconioses associated with tuberculosis is equal to 80% of the reference consideration
increased by 10% of this by each person in charge, up to the limit of the retribution.
2. The provisions of the preceding paragraph shall apply regardless of the diagnostic dates
of pneumoconiosis and tuberculosis.
3. After discharge by tuberculosis, the beneficiary is subject to medical examination for the purpose of
determination of the degree of disability by occupational disease.
Division II
Benefits for permanent disability
Article 114.
Pension for absolute permanent disability for the usual work
In the absolute permanent disability for the usual work, the amount of pension
monthly is set between 50% and 70% of the reference consideration, as per the largest or the smallest
residual functional capacity for the exercise of another compatible profession.
Article 115.
Pension bonus for permanent disability
1. Pension for permanent disability is bonified at 20% of its relative value
the pensioner who, by ceasing his or her professional activity, will find himself affected by:
a) Pneumoconiosis with a degree of permanent disability not less than 50%, and in which
the coefficient of devaluation referred to in the radiographic elements is 10%,
when you complete 50 years of age;
b) Occupational disease with a degree of permanent disability not less than 70%,
when you complete 50 years of age;
c) Occupational disease with a degree of permanent disability not less than 80%,
regardless of your age.
2. The amount of the bonified pension may not exceed the value of the reference consideration
which serves as a basis when calculating the pension.
Article 116.
Subsidies for high permanent disability and for housing retrofit
The value to be taken into account for the allocation of subsidies for high permanent disability
and for the retrofitting of housing, provided for in Articles 66 and 67, is what is in force
at the date of the certification of disability.
Subsection III
Benefits by death
Division I
Provisional pension
Article 117.
Provisional pension for death
1. The amount of the provisional pension for death is equal to that resulting from the application of the
shares of calculation of the pension for death to the value set out in Article 110 (1).
2. Attributed to the definitive pension, there is place to the reckoning between this and the amount
provisional pension.
Division II
Subsidy for death
Article 118.
Subsidy
1. To the allowance for death, the provisions of Article 64 shall apply.
2. In the absence of any of the holders provided for in Article 64, the amount reverses to the
Service Assistance Fund with competences in the area of protection against risks
professionals.
Subsection IV
Amount of benefits common to pensions
Article 119.
Supplementary provision of the pension for assistance to the third person
1. The amount of the provision provided for in Article 53 corresponds to the value of the consideration paid
to the person who provides assistance, with the limit set there.
2. In the lack of proof of retribution , the amount of the benefit corresponds to the value
established for identical delivery within the framework of the general scheme and, in the case of there being several,
to the highest.
Article 120.
Additional benefits
Additional benefits are of an amount equal to that of the pensions relating to the months of
June and November, respectively, including the value of the supplementary provision for
third-person assistance, when there is a place.
Article 121.
Provisional amount of pensions
1. The monthly provisional pension for permanent disability and the provisional amount of the
same are equal to the monthly value of the compensation for absolute temporary disability
which was being ascribed or would be attributable.
2. Attributed to the definitive pension, there is place to the reckoning between this and the amount
provisional pension.
Subsection V
Amount of benefits in kind
Article 122.
Refunds
1. The reimbursements regarding the health care expenses to which there is a place correspond
to the entirety of them.
2. The reimbursements for travel, accommodation and food expenses carried out
by the beneficiary and his accompanying persons involving displacement of the place of the residence,
are carried out, upon proof of document in the following terms:
a) By the full amount corresponding to the use of public collective transport
or the cost arising from the recourse to another means of transport, when that one does not
exists or is not appropriate to the health status of the beneficiary, provided that
duly proven by medical statement or other ponderous reasons
attendant;
b) Up to the limit of the lower value of cost aids for employees and agents of the
Public Administration, and in the respective terms.
3. The payment of the expenses of the beneficiary's companion depends on the state of health
of the beneficiary to demand it, duly substantiated by medical declaration.
Subsection VI
Guarantee and update of pensions
Article 123.
Update
The values of the pensions regulated in this chapter are periodically updated in the
terms set in the diploma of updating of the remaining pensions of the general scheme.
Article 124.
Guarantee of payment
1. Payment, pensions for permanent disability or death and compensation
by temporary incapacity that cannot be paid by the legally authorised entity
a failure to transfer the liability of the risk cover by reason of disability
economic objectively characterized in the process of insolvency and recovery of
companies or by reason of absence, disappearance or impossibility of identification,
it is supported by the service with competences in the area of protection against risks
professionals.
2. The service with competences in the area of protection against occupational hazards lies
constituted creditor of the economically incapable entity or of the respective insolvent mass,
having to fit your credits, should the unable entity be an insurer, identical graduation
to that of the specific insurance creditors.
Section V
Duration of benefits
Subsection I
Start of benefits
Article 125.
Start of compensation for temporary disability
1. The compensation for absolute temporary disability is due from the first day
of disability without work provision.
2. The compensation for partial temporary disability is due as of the date of the reduction
of the work and the corresponding certification.
Article 126.
Start of the provisional pension
1. The provisional pension is due from the day after the one in which it ceased to be
place for compensation for temporary disability.
2. The provisional amount of the pension is due as of the date of the application, of the
compulsory participation or death of the beneficiary, as the case may be.
Article 127.
Pension for permanent disability
1. The pension for permanent disability is due from the date to which it reports to
certification of the respective situation, and may not be prior to the date of the application or the
compulsory attendance, unless proven to be confirmed, if it confirms that the disease reports
the previous date.
2. Pension for permanent disability is due from the month following the
application, in the following cases:
a) In the impossibility of medical certification reporting the incapacity to that date,
case in which the same is deemed to be presumed;
b) If the beneficiary did not instruct the process with the respective application for
assessment of permanent disability by occupational disease within one year of
counting from the date of communication of the service with competences in the area of protection
against professional risks, for that same effect.
3. In the case of point a) from the previous number, the incapacity is considered as of the date of the
compulsory attendance, if prior to the requirement.
4. Pension for absolute permanent disability for whole and any sequential work
to temporary incapacity without work is due from the first day on
relationship to which the same is certified, and may not, however, be prior to the first day
of temporary disability.
5. Treating bonified pension, the rebate is due from the month following that of the
presentation of the documentation required for the purpose.
6. The allowance for situations of high permanent disability is due as of the date of
fixation of disability.
Article 128.
Pension for death
1. Pension for death is due from the month following that of the death of the beneficiary
in the case of being required in the immediate 12 months or from the month following that of the
application, in otherwise.
2. The change in the amounts of pensions resulting from the modification of the number of holders
takes place in the month following that of the verification of the fact that determined it.
Article 129.
Supplementary provision for assistance to third person
The supplementary provision for assistance to the third person reports to the date of the respective
application, if it is made proof that the applicant already in need of third party assistance
person and of it dismised or, otherwise, at the date on which such conditionalism was checked.
Subsection II
Suspension of benefits
Article 130.
Suspension of pension bonification
The pension bonus is suspended as long as the pensioner exercises activity subject to the
risk of the disease or occupational diseases in relation to which it is a pensioner.
Subsection III
Cessation of benefits
Article 131.
Termination of the right to compensation for temporary disability
The right to compensation for temporary disability cesses with the high clinic of the
beneficiary or with the certification of permanent disability.
Article 132.
Cessation of the provisional pension
1. Interim pension cesses on the date of the final fixation of the pension or non-verification
of the constraints of the allocation of this provision.
2. The non-verification of pension allocation constraints does not give way to the
restitution of the provisional pensions paid.
Article 133.
Termination of the right to pension
1. The right to pension cede in the general terms of cessation of the corresponding pensions of the
general regime.
2. The right to pension for death cesses, in particular, with:
a) The marriage or the de facto union of the surviving spouse, of the former spouse of the
deceased beneficiary or of the person who lived with the beneficiary in de facto union;
b) The transit on trial of sentence of conviction of the pensioner as an author,
accomplice or concealer of the crime of voluntary manslaughter, yet not
consummated, in the person of the beneficiary or of others who agree in the respective
survivor's pension, unless the offending has rehabilitated him under the law
civil;
c) The pensioner's judicial statement of indignity, save if the beneficiary has it
rehabilitated and in the case of desertion on the part of the beneficiary, unless the pensioner
is rehabilitated, upon action of impugation of the defecation.
Article 134.
Remand
1. Can be remitted, upon application by the person concerned or by court decision, the pension
due by occupational disease without an evolutionary character, corresponding to disability
partial permanent less than 30%.
2. Can be partially remitted, upon application or by court decision, the pension
due by occupational disease without an evolutionary character, corresponding to disability
partial permanent equal to or greater than 30%, provided that the remaining pension is equal or
higher than 50% of the value of 1.1 IAS.
3. The remand capital is calculated in the terms of the provisions of special legislation.
Section VI
Accumulation and coordination of benefits
Article 135.
Accumulation of benefits with income from work
They are not accumulatable with the resulting consideration of professional activity as follows
benefits:
a) The compensation for absolute temporary disability;
b) The pension bonus, if the situation is provided for in Article 130;
c) The pension for absolute permanent disability for all and any work and the
pension for absolute permanent disability for the usual work, provided that,
as for this, the consideration decorates from the exercise of the same work or activity
subject to the risk of the occupational disease in respect of which it is a pensioner.
Article 136.
Accumulation of pension by occupational disease with other pensions
Pension for permanent disability by occupational disease is accumulable with the pension
assigned by disability or old age, within the framework of compulsory social protection schemes,
without prejudice to the rules of accumulation of these schemes.
Section VII
Certification of incapacities
Article 137.
General principles
1. The certification of the incapacities covers the diagnosis of the disease, its characterization
as occupational disease and the graduation of disability, as well as, if it is the case, the
declaration of the need for permanent third person assistance for the purpose of
supplementary provision.
2. The characterization of occupational disease and graduation from permanent disability can
be reviewed by the service with competences in the area of protection against risks
professionals, officiously, or the application of the beneficiary, regardless of the
entity that has fixed it.
3. Certification and review of incapacities is the sole responsibility of the service
with competences in the area of protection against occupational risks, without prejudice to the
diagnostic presumptive by the doctors of the health services, for the purposes of the assignment of the
compensation for temporary disability.
Article 138.
Equiparation of the quality of pensioner
The quality of pensioner by occupational disease with a degree of permanent disability
equal to or greater than 50% is equated to the quality of pensioner by invalidity of the scheme
general.
Section VIII
Administration
Subsection I
Management of the scheme
Article 139.
Application of the scheme
1. The application of the scheme provided for in this Chapter shall compete with the services with
skills in the area of protection from occupational risks.
2. The remaining social security institutions, within the framework of their respective functions,
collaborate with the service with skills in the area of protection against risks
professionals in the development of the competence provided for in the preceding paragraph.
Article 140.
Articulation between institutions and services
1. The service with competences in the area of protection against occupational hazards shall
establish appropriate articulation standards with other services, specifically
social security institutions, health services, employment and vocational training,
labour relations and the tutelage of the various areas of activity, with a view to ensuring maximum
efficiency and effectiveness in the prevention and repair of occupational diseases.
2. The measures of professional redevelopment and rehabilitation that show convenient
can be ensured by the competent employment and vocational training services,
upon the conclusion of cooperation agreements, in the terms and conditions prescribed in the
Chapter IV.
Article 141.
Compulsory participation
1. The doctor participates in the service with competences in the area of protection against risks
professionals all clinical cases in which it is to be presumed to have the disease
professional.
2. The presumptive diagnosis of occupational disease by the services referred to in paragraph 3 of the
article 137 and the possible recognition of temporary disability by disease
professional do not waive the doctors of the respective services of compulsory participation
provided for in this article.
3. Participity shall be remitted within eight days from the date of the diagnosis or
of presumption of the existence of occupational disease.
4. The model of participation referred to in this article is approved by joint order of the
ministers responsible for the areas of labour and social security.
Article 142.
Mandatory communication
l. The service with competences in the area of protection against occupational hazards communicates
the confirmed cases of occupational disease to the competent department in respect of
prevention of safety and health in the work and surveillance of working conditions, à
Directorate-General for Health, and the employer, as well as, depending on the place where,
presumably, if it originated or aggravated the disease, to regional health services
and to regional social security centres.
2. Communication referred to in the preceding paragraph shall be anticipated, at the end of power
determine the corresponding measures for prevention, in cases where they compete for evidence
unequivocal of particular gravity of the labour situation.
Subsection II
Organization of processes
Article 143.
Application for benefits
1. Cash benefits provided for in this Chapter are the subject of an application,
save with regard to the benefits provided for in points a) and i) of Article 25 (1).
2. In-kind benefits that give way to repayment are also required.
3. The required requirements in the preceding paragraphs are directed to the service with
skills in the area of protection from occupational risks.
Article 144.
Applicants
1. The benefits are required by the person concerned or his or her legal representatives.
2. The provision for death in favour of minor or incapable may still be required by the person
that prove to have him to his post or that he is awaiting judicial decision to supply the disability.
Article 145.
Statement of the pension requirement
1. Pension for permanent disability is required in own model, delivered in the
service with skills in the area of protection against occupational hazards or in the
competent services of social security.
2. The application must be accompanied by medical information, specifically from the
official health services and medical service doctor of the respective work medicine department
employer.
3. In the case of the impossibility of the applicant having the supporting elements the
medical examinations must be carried out in the service with skills in the area of protection
against the professional risks or requisitioned by this to the competent entity.
Article 146.
Statement of the bonified pension requirement
Pension bonification depends on application from the beneficiary instructed with statement
of cessation of the exercise of the activity or professional activities determinant of the
permanent disability.
Article 147.
Instruction of the application for benefits by death
1. Death benefits are attributed to the application of the person concerned or his / her
legal representatives, which should be instructed with the supporting documents of the
facts conditioner of its allocation.
2. In the case of de facto union, the pension requirement shall be instructed with a certificate of
judicial sentence handed down in action of food interposed against the inheritance of the deceased
or in declarative action against the social security institution, from which the
Recognition that the applicant brings together the legally required conditions for the
allocation of food.
Article 148.
Statement of the application for the allowance for funeral expenses
The application for the allowance for funeral expenses is instructed with document
voucher for the applicant to have made the respective payment.
Article 149.
Application for the supplementary third person provision
1. Supplemental provision is required by the beneficiary, the process being instructed with
the following documents:
a) Declaration of the applicant from which the existence of the person he provides or if
provides you with assistance, with specification of the conditions under which it is or
is going to be provided;
b) Opinion of the service medical services with competences in the area of protection
against the professional risks that attest to the situation of dependence.
2. The service with competences in the area of protection against occupational hazards can
trigger the procedures it judges appropriate to the substantiation of the veracity of the
statement referred to in para. a) of the preceding paragraph, directly or through other
institutions.
Article 150.
Period of application
1. The deadline to apply for the allowance for funeral expenses and the benefits in kind, in the
form of refund, is one year from the realization of the respective expense.
2. The deadline to apply for the pension and the death allowance is five years from the date of the
demise of the beneficiary.
Article 151.
Counting of the limitation period
For the purposes of prescribing the right to benefits, the countdown of the respective term begins
the day after the one in which the provision was put to payment, with knowledge of the
creditor.
Article 152.
Duties
1. The bonified pension holder who carries out activity subject to the risk of illness or
occupational diseases determinants of your pensioner situation is obliged to give, of the
fact, knowledge in the service with skills in the area of protection against risks
professionals, within 10 days subsequent to the respective start-up.
2. The pensioner by death who celebrates marriage or initiates union de facto is obliged to give
knowledge of the service with skills in the area of protection against risks
professionals, in the 30 days subsequent to the respective verification.
3. Family members are required to communicate the death of the beneficiary to the service with
competence in the area of protection against occupational risks, within 60 days, after the
occurrence.
Chapter IV
Rehabilitation and Professional Reintegration
Section I
Scope
Article 153.
Scope
This Chapter regulates the scheme concerning the rehabilitation and professional reintegration of
worker claims by accident of work accident or affected by occupational disease of which
has resulted in partial temporary disability, or permanent, partial or permanent disability
absolute for the usual work.
Section II
Rehabilitation and Professional Reintegration
Article 154.
Occupation and rehabilitation
1. The employer is obliged to occupy the employee who, at his or her service, albeit by the title
of contract to term, suffered accident at work or contracted occupational disease, of which
has resulted in any of the incapacities provided for in the previous article, in functions and
working conditions compatible with the respective state, in the terms provided for in the
present law.
2-The worker referred to in the preceding paragraph shall be assured, by the employer, the
vocational training, the adaptation of the job posting, part time work and the
license for training or new employment, pursuant to this law.
3-The Government shall set up professional adaptation or readaptation services and
placement, ensuring coordination between those services and existing ones, whether of the State,
either of the institutions, the employers and the insurers, and using these services
as much as possible.
Article 155.
Mandatory occupancy
1. The obligation laid down in paragraph º1 of the preceding Article cesses if, unjustifiably, the worker
do not report to the employer, within 10 days after the communication of the disability
fixed.
2. The employer who does not comply with the actual occupation obligation, and without prejudice to
other benefits due by law or by instrument of collective regulation, has to
pay the employee the consideration provided for in paragraph 2 of the following article, save if, in the meantime,
the contract has ceased in the legal terms.
Article 156.
Special working conditions
1. The worker with reduced work capacity resulting from accident at work or
of occupational disease, to whom the employer, at the service of which the accident occurred or the
disease has been contracted, ensure occupancy in compatible functions, during the period of
disability, is entitled to dispensation of work schedules with adaptability, of
supplementary and work work in the night period.
2. The consideration due to the employee claims by accident at work or affected by
occupational disease occupied in compatible functions, including during the period of
permanent disability, has on the basis of the day of the accident, except if in the meantime
consideration of the corresponding category has been the subject of amendment, in which case it is the
considered.
3. The consideration to which you rent the preceding paragraph is never less than that due by the capacity
rest.
4. Dismissal without fair cause of worker temporarily incapacitated in
result of accident at work or of occupational disease confers on the one, without prejudice to
other rights enshrined in the Labour Code, if it does not opt for reinstatement, the
right to an indemnity equal to double that which would compete you for unlawful dismissal.
Article 157.
Part-time work and leave for training or new employment
1. The worker, who carries out compatible duties in accordance with his / her disability
permanent, are entitled to work part-time and leave for training or new
employment, in the terms of the following numbers.
2. Unless otherwise agreed, the normal period of part-time work corresponds to
half of the practiced full time in a comparable situation, and is provided
daily, in the morning or in the afternoon, or on three days a week, as per the request of the
worker.
3. License for training may be granted for training course attendance
delivered under the responsibility of a vocational education or training institution
or in the framework of specific program approved by competent authority and executed under
your pedagogical control, or for frequency of course taught in establishment of
teaching.
4. The licence for new employment may be granted to the employee who intends to celebrate
contract of employment with another employer, per period corresponds to the length of the period
experimental.
5. The granting of the licence for training or new employment determines the suspension of the
contract of employment, with the effects provided for in Article 317 (4) of the Code of the
Work.
6. The employee must ask the employer for passage to the provision of work on time
partial or the leave for training or new employment, in advance of 30 days
in respect of its beginning, in writing and with the following indications:
a) In the case of the provision of part-time work, the respective period of duration and
the weekly breakdown of the normal period of work intended;
b) In the case of leave for training, the course you intend to attend and your duration;
c) In the case of leave for new employment, the duration of the trial period
corresponding.
7. The employer may only refuse any of the claims referred to in the preceding paragraph
on the grounds of compelling and objective reasons connected with the operation of the company
or service, or the impossibility of replacing the worker should this be indispensable.
Article 158.
Evaluation
1. When it is deemed necessary to have the clarification of doubts about the incapacities
referred to in Article 153 or on the employment of the incapacitated worker in office
compatible with your state, the advice of public service experts may be requested
competent in the area of employment and vocational training.
2. When the employer ensures the occupation compatible with the state of the worker,
may apply for the competent public service in the area of employment and vocational training to
assessment of the situation of the worker, with a view to adjusting his / her job posting and
provision of vocational training appropriate to the occupation and function to be performed.
3. The competent public service in the area of employment and vocational training, through the
Centre for employment of the geographical area of the workplace, proceeds to the assessment of the situation
of the worker and the promotion of possible adaptations necessary to the occupation of the respective
job posting upon the provision of technical interventions considered
necessary, using, inter alia, its network of specialized resource centres.
4. By agreement between the employer and the employee may, equally, be required to
assessment referred to in paragraph 1, in cases where the occupation compatible with the respective
state is ensured by another employer.
Article 159.
Technical and financial supports
1. In addition to the technical support required for the adaptation of the job posting to the needs
of the employee who is injured or affected by occupational disease, the employer who ensures
compatible occupancy, in the terms referred to in Article 154 (1) and 3 (3) of the article
previous, may benefit from the technical and financial support granted by the public service
competent in the area of employment and vocational training for programmes concerning the
rehabilitation professional of persons with disabilities, provided that they gather the respective
requirements.
2. The employer who promotes professional rehabilitation of the worker can also
benefit from the technical and financial supports provided for in the preceding paragraph.
Article 160.
Impossibility to ensure compatible occupancy
1. When the employer declars the impossibility of ensuring occupancy and function
compatible with the state of the worker, the situation must be assessed and confirmed by the
competent public service in the area of employment and vocational training on the terms
provided for in this chapter.
2. If the competent public service in the area of employment and vocational training concludes
by the viability of the occupation of a job at the company at the service of which
occurred the work accident or was contracted the occupational disease, diligencia along the
employer in the sense of placing the worker in occupancy and compatible function,
by suggesting to you, if any, that you ask the employment centre of the geographical area of the
place of work the supports provided for in the previous article.
3. Should the competent public service in the area of employment and vocational training conclude
by the impossibility of the occupation of a job at the company at the service of which
has occurred the work accident or has been contracted with occupational disease, calls for intervention
of the centre of employment of the geographical area of the worker's residence, in the sense of the
support to find alternative solutions with a view to their rehabilitation and reintegration
professional.
Article 161.
Professional reintegration plan
1. Within the framework of the support provided for in Article 159 (1) and (159) and paragraphs 2 and 3 of the article
previous, the competent public service in the area of employment and vocational training, through
of the competent centre of employment and resorting to its network of resource centres
specialized, sets out an intervention plan aiming at the professional reintegration of the
claims worker or affected by occupational disease, equating the means that
must be made available.
2. The intervention plan referred to in the preceding paragraph shall be defined jointly with
the worker and consensualized with:
a) The employer ensuring occupancy and compatible function;
b) The remaining services involved in the realization of the plan, if any.
3. The intervention of the competent public service in the area of employment and training
professional takes place from the time when the clinical rehabilitation process
allow the beginning of the process of professional reintegration.
4. Whenever the competent public service in the area of employment and vocational training
check, in the context of its intervention, that it does not have adequate responses to the
reintegration of the worker, may propose recourse to other entities with competence
to the effect.
5. The competent public service in the area of employment and vocational training ensures the
follow-up of the process of professional reintegration.
Article 162.
Charges with professional reintegration
1. Charges with professional reintegration, within the framework of the provisions of paragraph 2 of the article
154., are assumed by the employer in the situations in which the employee stays in the
company at the service of which you suffered the accident or contracted the occupational disease, without
injury to Article 160 (1) and (2).
2. Charges with the professional reintegration of workers to whom the employer does not
has been able to ensure compatible occupancy are assumed by this and the public service
competent in the area of employment and vocational training, in the case of accidents at work,
or by the employer and the service with competences in the area of protection against risks
professionals, in the case of occupational disease.
3. The charges assumed by the employer, provided for in the preceding paragraph, are ensured
up to value equal to double the compensation that would compete you for illicit dismissal.
4. In exceptional situations, duly substantiated and documented, the service
competent public in the area of employment and vocational training or services with
skills in the area of protection against occupational risks, as it is
accident at work or occupational disease, can participate in the funding of 50%
of the charges referred to in the preceding paragraphs up to the corresponding limit value:
a) At 12 times the value of 1.1 IAS, in the acquisition of goods;
b) To the value of 1.1 IAS, in the acquisition of periodical payment services.
5. Charges with professional reintegration are calculated on the basis of unit value
by hour of intervention, to be established by agreement of cooperation between the employer or the
services with skills in the area of protection against occupational risks, as if
treat yourself to an accident of work or occupational disease, and the competent public service in the
area of employment and vocational training.
6. The burdens assumed by the employer or the services with competences in the area of
protection against occupational risks, as it is an accident at work or
occupational disease, are ensured, through benefits in kind, within the framework of the
provisions of the paragraph h) of Article 25 (1).
7. The expenses for travel, food and accommodation referred to in Article 98 are
paid in accordance with the one set out in Article 122 (2).
8. The burden of the employer referred to in this article, achieves the claims of
accidents at work, fall within the scope of the responsibility transferred from the
employer for the insurer.
Article 163.
Cooperation agreements
1. Services with competences in the area of protection against occupational hazards can
enter into cooperation agreements with the competent public service in the area of employment and
vocational training and other entities, public or private, with a view to reintegration
professional of workers affected by occupational disease.
2. The competent public service in the area of employment and vocational training can celebrate
cooperation agreements with the employer, the respective insurer, or other entities,
public or private, with a view to the professional reintegration of the accident accident claims
work.
3. The cooperation agreements shall contain, in particular:
a) Description and purposes of the intervention;
b) Typology of actions to be developed;
c) Technical, human and financial means to be made available;
d) Competences of the intervening entities;
e) Period of duration.
4. Agreements have the maximum duration of two years, with possibility of renewal.
5. The implementation of the agreement is the subject of an annual assessment report, drawn up
jointly by the intervening entities.
Section III
Warranty of occupancy and exercise of functions compatible with
capacity of the worker
Article 164.
Competencies
The competent public service in the area of employment and vocational training, ensures:
a) The verification of the possibility of the employer, at the service of which the
accident at work or has been contracted the disease, ensure occupancy and function
compatible with the capacity of the employee, pursuant to Articles 154 and 155;
b) the intermediation between the employee, the employer and the employment services and of
vocational training;
c) The forwarding of the situations arising from the reintegration of the worker in the
even or in a new job.
Article 165.
Procedure
1. The competent public service in the area of employment and vocational training, ears
competent services for the protection against occupational risks and rehabilitation and
integration of persons with disabilities, appreciates the situation, elaborating opinion
reasoned, and indicating whether the employer has a possibility to secure occupancy and
function compatible with the state of the worker.
2. The opinion referred to in the preceding paragraph, also evaluates the possibility of the employer
ensure the process of professional reintegration, specifically, vocational training
for adaptation to the outpost, by itself or in collaboration with public entities or
private, indicating, when it is the case, the public entities with competence to
intervene.
3. Whether the employer wants the worker to be able to indicate an association representative
employer or trade union of the sector, depending on the cases, to be heard in the scope of paragraph 1.
4. The opinion referred to in paragraph 1 has a binding nature, being communicated to the employer and
to the employee within the maximum period of 30 days after the declaration referred to in Article 1 (1)
145.
Chapter V
Counterordinational liability
Section I
General regime
Article 166.
General regime
The general scheme provided for in Articles 548 to 565 of the Labour Code shall apply to the
offences arising from the violation of the articles provided for in this Law.
Article 167.
Competence for the procedure and application of fines
1. Without prejudice to the provisions of the following number, the procedure of the counter-ordinations
provided for in this Act, as well as the application of the respective fines, competes in the service with
competence for the supervision of working conditions.
2. The procedure of the counter-ordinations and the application of the corresponding fines
compete for Portugal Insurance Institute, in case the agent of the offence is a
entity subject to its supervision.
Article 168.
Product of the fines
1. The product of the fines resulting from violation of the labour accident standards reverses
in 60% for state coffers and in 40% for the Working Accidents Fund.
2. Applies the provisions of Article 566 of the Labour Code to the product of the remaining
applied fines.
Article 169.
Cumulation of responsibilities
Counterordinational liability is without prejudice to the possible civil liability or
criminal.
Section II
Counter-ordinations in particular
Article 170.
Accident at work
1. Constitute counter-ordinance very serious violation of the provisions of Article 26 and paragraphs. 1
and 2 of Article 78.
2. Constitui counterordinance grave:
a) The omission or shortcomings in the statements as to the staff and the retributions with
a view to the failure to comply with the provisions of Article 78;
b) Make treatment or internship an accident without stating the situation of this, for the purposes of
eximir to the payment of the respective expenses;
c) the practice of the acts referred to in Articles 13 and 18.
3. Constitui still counter-ordinance, infringement of the provisions of Articles 29, n. para.
3 and 4 of Article 37, paragraph 2 (2), in Article 83 (1), Articles 86 to 89 and
in Article 176.
Article 171.
Occupational disease
Constitutes serious counterordinance to the failure to fulfil the duties laid down in Article 152,
the false statements and the use of any other means of resulting concession
improper payment of benefits or the respective amount.
Article 172.
Compatible occupancy
Constitutes serious counterordinance to the violation of the provisions of Article 154 (1) in paragraph 1
of Article 155 and in Article 157 (1).
Chapter VI
Final provisions
Article 173.
Official models and uniform policies
The entry into force of this Law shall be without prejudice to the validity of:
a) Models of statements, holdings and previously existing maps;
b) Uniformed policies previously in effect.
Article 174.
Mandatory forms
1. The shareholdings, examination and discharge bulletins and the other forms referred to in this Act,
which can be printed by computer means, comply with the approved models
officially.
2. The failure to comply with the provisions of the preceding paragraph amounts to the lack of such documents,
it may still be possible for the court to order its replacement.
3. Health Centres refer to the competent services of social security the
certificates of temporary disability (CIT), by electronic means, in the terms to be defined in
joint office of the members of the Government responsible for the areas of social security and
of health, leaving its delivery of being required to users.
Article 175.
Exemptions
1. It is free from emoluments, costs and fees all the document required to comply
of standards relating to accidents at work and occupational diseases, regardless
of the respective nature and the apportionment by where there is past or there is to be transiting to your
legalization, save the provisions of the Emolument Regulation of the Registered and Notariat.
2. The exemptions understood in the preceding paragraph do not cover the constitution of
judicial representative.
Article 176.
Mandatory affixing and information
1. The company shall affix, in the respective establishments and in a well visible place, the
provisions of the Code of Labour and of this Law regarding the rights and obligations of the
sinister and those responsible.
2. The retribution receipts must identify the insurer for which the risk is found
transferred at the date of its issuance.
Article 177.
Statistics
Without prejudice to the envisaged scheme for statistical information on accidents at work and
occupational diseases, the Insurance Institute of Portugal can establish statistics
specific aimed at the control and supervision of occupational risks.
Article 178.
Expiry and prescription
1. The right of action relating to the benefits set out in this Law shall lapse within the period of
one year from the date of the high clinic formally communicated to the sinister or, if from the
event result to death, to count of this.
2. The benefits established by court decision or by the service with competences in the
area of protection against occupational hazards, prescribe within five years of
of the date of their due.
3. The limitation period does not command to run as long as the beneficiaries do not have
personal knowledge of the fixation of benefits.
Article 179.
Counting of deadlines
The deadlines set for the standards for accidents at work count on the terms
provided for in the Code of Civil Procedure and those provided for for occupational diseases are
counted under the terms of the Administrative Procedure Code.
Article 180.
Remissive standard
The remissions of standards contained in legislative diplomas for repealed legislation with
the entry into force of this Law, they shall be deemed to be referred to the corresponding provisions
of the Labour Code and of this Law.
Article 181.
Card of pensioner
The model of the card for use of the service pensioners with competences in the area of
protection against professional risks is approved by porterie of the member of the Government
responsible for the areas of labour and social security.
Article 182.
Update of unified pensions
The unified pensions allocated under the Portaria No 642/83 of June 1 , are
updated in the diploma proceeding to the update of the remaining pensions of the general scheme of
social security.
Article 183.
Self-employed workers
The regulations on the scheme of compulsory insurance of accidents at work of the
self-employed workers appear in a diploma of their own.
Article 184.
Autonomous Regions
In the application of this Law to Autonomous Regions are taken into account the competences
legal assigned to their respective regional bodies and services.
Article 185.
Abrogation standard
Without prejudice to the provisions of the following article, with the entry into force of this Law are
revoked the following diplomas:
(a) Law No. 100/97 of September 13 (Law on accidents at work and diseases
professionals);
(b) Decree-Law No 143/99 of April 30 (Regulation of accidents at work);
c) Decree-Law No. 248/99 of July 2 (Regulation of occupational diseases).
Article 186.
Standard of application in time
1. The provisions of Chapter II shall apply to accidents at work occurring after entry into
vigour of this Law.
2. The provisions of Chapter III shall apply to occupational diseases whose final diagnosis is
subsequent to the entry into force of this Law, as well as the amendment of the graduation of
disability with respect to the occupational disease already diagnosed.
Article 187.
Entry into force
Without prejudice to the said in the preceding Article, this Law shall enter into force on the January 1
of 2010.
The Deputies,