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Regulating The Repair Scheme For Accidents At Work And Occupational Diseases, Including Rehabilitation And Professional Reintegration, In Accordance With Article 284.º Of The Labour Code, Approved By Law No 7/2009 Of 12 February

Original Language Title: Regulamenta o regime de reparação de acidentes de trabalho e de doenças profissionais, incluindo a reabilitação e reintegração profissionais, nos termos do artigo 284.º do Código do Trabalho, aprovado pela Lei n.º 7/2009, de 12 de Fevereiro

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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,