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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624463344e6931594c6d527659773d3d&fich=pjl786-X.doc&Inline=false

DRAFT law No. 786/X/4th "Regulates 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" explanatory memorandum With a view to simplification of labour legislation and based on the objective of systematisation and codification , the law No. 99/2003 of 27 August, which approved the job code, has reviewed and unification of the legislation governing until then, so dispersed, labour regimes provide the subordinate work However, under the cited law, the entry into force of several constant regulatory of the labour code, was suspended pending the adoption of special legislation as in the case of the legal regime of compensation for accidents at work and occupational diseases provided, respectively, in chapters V (article 281 the 308) and VI (article 309 to 312) of the labour code.

For its part, the law No. 35/2004, of 29 July, which came to regulate comprehensively the issues contained in the labour code just by leaving out some of labour regimes that lacked specific legislation in order to enter into force, among which included the regime of compensation for accidents at work and occupational diseases, Thus in effect the existing regime established by Act No. 100/97, of 13 September, by Decree-Law No. 143/99, of 30 April and by Decree-Law No. 248/99, of 2 July.

Considering appropriate and urgent regulation of the labour code on the terms to accidents at work and occupational diseases and, in particular, with regard to the rehabilitation and reintegration of the worker victim by an accident at work or occupational disease, affected the XVII constitutional Government presented to Parliament the draft law No. 88/X, that "Regulating articles 281 to 312 of the labour code" , relating to accidents at work and occupational diseases, discussed and approved in General on 1 February 2007.

In the course of the discussion on specialty of that Bill, understand the Committee's work, Social Security and Public Administration, given that at the same time came the first report of the white paper industrial relations who recommended the withdrawal of the labour code of the normative concerning accidents at work and occupational diseases, which if put in crisis the Bill presented suspend the ongoing legislative procedure pending the adoption of the revision of the labour code, which would occur with the approval of law No. 7/2009, of February 12.

In law No. 7/2009, of 12 February, which approved the revision of the labour code, the legislature, following the recommendation by the Committee on the white paper of labour relations, opted to establish the Labour Code chapter IV the prevention and compensation for accidents at work and occupational diseases which integrates a single statutory provision on compensation for accidents at work and occupational diseases Article 283.º, whose rules pursuant to rule 284.º, the subject of specific legislation.

It is noted that articles 281 to 312 of the previous labour code, which concerned the proposal of law No. 88/X, have been revoked, and the same is currently out, lacking the adequacy in the new code of regulatory Work.

Thus, the Parliamentary Group of the Socialist Party, based on the Proposal of law No. 88/X, which considers it appropriate, timely and necessary, as well as in the hearings made in Committee work, Social Security and Public Administration around the same, submit the present draft law regulating Article 283.º of the labour code, on the system of compensation for accidents at work and occupational diseases , including the rehabilitation and professional reintegration.

The specific regulation that is proposed is not aimed at breaking with the legal regime established by the law No. 100/97, of 13 September, regulated by Decree-Law No. 143/99, of 30 April, either by Decree-Law No. 248/99, of 2 July, wants the regulatory provisions contained in the previous labour code however repealed, but rather conduct a systematization of materials that integrate by arranging a more intelligible and accessible, and which proved correct regulatory misfits in their practical application, either from the social point of view, the constitutional and legal point of view, as is the case of compulsory pension disability redemption permanent partial.

On the other hand, it is assumed the inovatória dimension of regulating the intervention of the competent public service for employment and vocational training in the vocational rehabilitation process for workers, in the assessment of their situation, in technical and financial support for the adaptation of the workplace and vocational training promoted by the employer, in the elaboration of a professional worker reintegration plan and in cooperation agreements with several entities with a view to the reinstatement of the worker of the claim incident.

The new regime of compensation for accidents at work and occupational diseases, which is proposed by this Bill are, by its importance, the following aspects:-Optimizes the concept of accident at work, which shall cover the industrial accident that we normally used by the worker journeys, as well as the accident outside the workplace when in the exercise of the right of Assembly or of workers ' representative activity laid down in the labour code;

-Recognizes the family of the worker victim the right to psychotherapeutic, where necessary;

-Provides for the granting of pension calculated in accordance with applicable to cases where there is no wrongful act of the employer, when the accident has been caused by the employer's representative or entity by that contractor, or result from non-compliance with rules on safety and health at work, since it makes no sense that the claimant will in these circumstances is not entitled to the pension to which he is entitled where the accident is not due to that;

-Recognizes the victim's legal beneficiary entitled to the payment of transportation whenever it is required to appear in court by a procedure which is already current;

-Provides for the rehabilitation and reintegration and adaptation of the work station to be guaranteed to the worker victim of an accident at work or occupational disease, affected and the employer ensure their occupation and create conditions for their integration into the labour market;

-Establishes the allocation to the failure of a subsidy for the frequency of actions in the field of vocational rehabilitation, right not provided for in the previous legislation in relation to persons suffering damage by accident;

-Establishes the right to a pension for death of victim the person has entered into marriage declared null or cancelled, as well as the exclusion of someone who has been excluded from the succession by indignity and disinheritance, so far only governed for occupational disease;

-Eliminates the rule that determines the pension for accidents at work can only be reviewed in 10 years after its attachment, allowing yourself to your review at any time as already happens in the repair of occupational diseases;

-Change the redemption scheme, following the recent case law of the Constitutional Court on this matter and clarifies that the redemption of pension for occupational disease is always optional and is only permissible in the case of occupational diseases without evolutionary nature.

-Regulates the provision of part-time work and the license for training or new job to worker victim of an accident at work or occupational disease affected;

-Establishes and develops rules on intervention by the competent public service for employment and vocational training in the vocational rehabilitation process for workers.

Thus, in accordance with legal and constitutional regulations applicable, the Members of the Socialist Party petitions, present the following Bill: chapter I objective and scope Article 1 subject-matter of the law 1. This law regulates 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.

2. Without prejudice to the provisions laid down in chapter III, the occupational diseases shall apply mutatis mutandis the rules relating to accidents at work laid down in this law and in the alternative, the general social security scheme.

Article 2 Beneficiaries the employee number and their relatives are entitled to compensation for damage arising from accidents at work and occupational diseases in accordance with the procedure laid down in this law.

Chapter II work accidents section I General provisions


Article 3 Worker covered 1. The arrangement provided for in this Act covers the employee of any activity, whether or not operated for profit. 2. When the present law imposes different understanding, it is assumed that the worker is the economic dependence of the person for the benefit of which provides services. 3. In addition to the situation of the practitioner, apprentice and trainee, considered the situation of vocational training that aims at the preparation, promotion and professional update of the worker, necessary for the performance of functions inherent in the business of the employer.

Article 4 lucrative Exploitation for the purposes of this law is not considered profitable activity whose production is intended exclusively for the consumption or use of the employer's household.

Article 5 1 foreign worker. The foreign worker who performs activity in Portugal is, for the purposes of this Act, equated to the Portuguese worker. 2. The relatives of the foreign worker referred to in the preceding paragraph also benefit from the protection established in relation to the family of the victim. 3. The failure to stop foreign worker in work accident in Portugal at the service of foreign company, their agency, branch, representative or affiliate can be excluded from the scope of this law provided that pursuing an activity temporary or intermittent and, by agreement between States, has agreed to the application of the laws relating to the protection of the victim in an accident at work in force in the State of origin.

Article 6 Employee abroad 1. The Portuguese worker and the foreign worker resident in Portugal casualties in workplace accident abroad in the service of Portuguese company are entitled to the benefits provided for in this law, unless the legislation of the State where the accident occurred to recognize them right to repair, in which case the worker may opt for any of the schemes. 2. Portuguese law applies in the absence of the worker's failure to express option in workplace accident abroad in the service of Portuguese company, unless the State where the accident occurred is more favorable.

Article 7 responsibility is responsible for repair and other charges stemming from an accident at work, as well as for maintenance at the workplace, in accordance with the procedure provided for in this law, any natural or legal person governed by private or public law not covered by special legislation in respect of the worker at your service.

Section II the Delimitation work accident article 8 1 Concept. Is workplace accident that occurs in a place and at a time to work and produce direct or indirect injury, functional disorder or illness resulting in reduced capacity for work or for gain or death. 2. For the purposes of this chapter: a) workplace, any place in which the worker is or should be headed by virtue of its work and in that is, directly or indirectly, subject to the control of the employer; b) working time, beyond the normal working period, which precedes its start, in preparation or acts relating to it, and following it, also acts relating to it, and even the normal interruptions or cogent work.

Article 9 extension of concept 1. It is also considered the work accident occurred: a) on the journey to the place of work or of return of this, under referred to in number following; (b)) in the execution of services spontaneously provided and which may result in economic benefit to the employer; (c)) in the workplace and outside this, when in the exercise of the right of Assembly or of representative activity of workers laid down in the labour code; (d)) in the workplace, when in frequency of professional training course or, outside of work, where there is locald and express authorization from the employer for such frequency; and payment on-site) return, while the worker remain there for this purpose; f) at the place where the worker should receive any form of assistance or treatment because of previous accident and while there remain for this purpose; g) In job search activity during the credit hours for such granted by law to employees at termination of employment process of work in progress; h) off-site or working time, when checked in the execution of certain services by the employer or by he allowed. 2. Subparagraph (A)) of the preceding paragraph comprises the industrial accident that is found in the routes normally used and during the period of time usually spent by the worker: a) Between any of their workplaces, in case you have more than a job; b) Between his habitual residence or occasional basis and facilities that constitute your workplace; c) Between any of the sites referred to in the preceding subparagraph and the place of payment of the consideration; d) Between any of the places referred to in subparagraph (b)) and the place where the worker should be provided any form of assistance or treatment by virtue of previous accident; and) Between the workplace and the location of the meal; f) between where by determining the employer provides any service related to your work and facilities that constitute their usual workplace or his habitual residence or casual. 3. Don't stop to consider what work accident occur when the normal route has suffered interruptions or variances determined by the needs of the employee as well as cogent by reason of force majeure or unforeseeable circumstances. 4. In the case referred to in point (a)) of paragraph 2, is responsible for the accident the employer to whose place of work the worker is directed.

Article 10° proof of the origin of injury 1. The injury found in a place and at a time, or in the circumstances provided for in the preceding article is assumed to be a consequence of an accident at work. 3. If the injury does not have action immediately after the accident, the victim or the legal beneficiaries prove that was the consequence of it.

Article 11° pathological Predisposition and disability 1. Pathological predisposition of the victim in an accident does not exclude the right to full compensation, except where it has been hidden. 2. When the injury or illness in a row to the accident is compounded by injury or illness before, or when this is aggravated by the accident, the failure will be assessed as if all his work, unless the injury or illness the previous failure is already receiving pension or have received a capital of redemption pursuant to this law. 3. In the case of the claimant will be affected to permanent disability prior to the accident, the repair is only to correspondete the difference between the previous and that disability is calculated as if it were all attributed to the accident. 4. Without prejudice to the provisions of the preceding paragraph, when the accident resulting in the destruction or damaging of the technical AIDS that the victim was already the same carrier is entitled to repair or replace it. 5. Gives also right to repair the injury or illness that manifests itself during treatment following an accident at work and that is a result of such treatment.

Section III exclusion and reduction of liability article 12 Invalidity 1. Is null the Convention contrary to the right or interest conferred by this law or incompatible. 2. Are also void the acts and contracts for the waiver of rights conferred by this law. 3. For the purposes of paragraph 1, shall be deemed performed in order to prevent satisfaction of claims arising from the right to compensation under the law any act of the debtor, practiced after the date of the accident or occupational disease, unequivocal diagnosis involving decreased equity guarantee of such credits.

Article 13 prohibit discounts on retribution the employer cannot deduct any amount in the worker's consideration at your service by way of compensation for the costs resulting from the regime established in this law, being void the agreements made with this objective.

Article 14 deteriorated accident 1. The employer does not have to repair the damage caused by the accident that:) is intentionally caused by failure or comes from your act or omission, which import violation, without justification, of the safety conditions laid down by the employer or provided for by law; b) made exclusively of gross negligence of the victim; c) result from accidental or permanent deprivation of the use of reason of the disaster area, under the Civil Code, unless such deprivation derive from own supply of labour, is independent of the will of the victim or if the employer or his/her representative, knowing the State of the victim, consent in the provision. 2. For the purposes of point (a)) of the preceding paragraph, it is considered that there is no question of justification safety violation if workplace accident result from non-observance of legal or standard established by the employer from which the worker, face


to their level of education or access to information, would have hardly knowledge or, having it, you were clearly hard to understand it. 3. gross negligence, reckless behavior at high and relevant degree, achieving in an act or omission resulting from the normally to the danger of the work performed, the confidence in the professional experience or the uses of the profession.

Article 15 force majeure 1. The employer does not have to repair the accident that comes from force majeure. 2. Only if considered force majeure which, being due to unavoidable forces of nature, independent of human intervention, does not constitute risk created by the conditions of work or produce to perform service expressly ordered by the employer in a position of danger evident.

Article 16 special situations 1. There is also an obligation to repair the accident occurred in the provision of any services or occasional, short-lived, the individuals in activities that do not have as their object exploitation profitable. 2. The exclusions provided for in the preceding paragraph does not cover the accident resulting from the use of machines and other equipment of special danger.

Article 17 accident caused by another employee or by a third party 1. When the accident is caused by another employee or by a third party, the right to compensation owed by the employer shall not affect the right of action against those, in general terms. 2. If the claimant will receive another worker in an accident or third compensation higher than the owed by the employer, this is considered desonerado of their obligation and are entitled to be reimbursed by the failure of the amounts you have paid or expenditure so incurred.

3. If the compensation referred to the victim or their representatives is below the amount of the benefits conferred as a result of the accident, the exclusion of liability is limited to that amount. 4. The employer or its insurer that there is paid compensation for the accident, can the victim law responsibilities against those responsible referred to in paragraph 1, if the claimant will not have them legally required compensation within one year of the date of the accident. 5. The employer and its insurer are also holders of the right to intervene as main part in the process in which the claimant will require those responsible for the accident compensation referred to in this article.

Section IV worsening responsibility article 18 wrongful Behaviour of the employer 1. When the accident has been caused by the employer's representative or entity by that contractor, or result from lack of observation, by those rules on health and safety at work, the compensation covers all damage, not property and assets, suffered by the worker and their family members, in general terms. 2. The preceding paragraph is without prejudice to the criminal liability on the employer, or his representative, has incurred. 3. If, under the conditions laid down in this article, the accident has been caused by the employer's representative, this will be entitled against that. 4. In the case referred to in this article, and without prejudice to the compensation of losses of assets and asset losses, as well as the other benefits due for action without fault, is due an annual pension, to repair the reduction in working capacity or for gain or death, fixed according to the following rules: a) in the case of absolute permanent incapacity for all work , or temporary disability, and death, equal to the remuneration;

b) in the case of absolute permanent incapacity for the usual work of between 70% and 100% of the consideration, as the larger or smaller residual functional capacity for the exercise of other profession compatible; c) in the case of partial disability, temporary or permanent, based on reduction in capacity resulting from the accident. 5. In the case of death, the pension provided for in the preceding paragraph is distributed among the beneficiaries of the disaster area, according to the proportions referred to in articles 58 to 60. 6. In case there is a change in the situation of beneficiaries, the pension is modified in accordance with the rules laid down in the preceding paragraph.

Section V Nature, and determination of incapacity article 19 nature of disability 1. The work accident can determine temporary or permanent incapacity for work. 2. The temporary incapacity can be partial or absolute. 3. Permanent disability can be partial, to the usual work or absolute for any job.

Article 20 establishment of disability disability determination is carried out in accordance with the National Table of disabilities for accidents at work and occupational diseases, drawn up and updated by a National Commission, whose composition, powers and mode of operation are fixed at own diploma.

Article 21 evaluation and degree of disability 1. The degree of disability resulting from the accident is defined, in all cases, by coefficients expressed as percentages and determined according to the nature and severity of the lesion, the general condition of the victim, his age and profession, as well as the larger or smaller residual functional capacity for the exercise of other profession compatible and other circumstances that may affect your ability to work or earn. 2. The degree of disability is expressed by the unit when total dysfunction with absolute permanent incapacity for any job. 3. The coefficient of incapacity is fixed by applying the rules defined in the National Table of disabilities for accidents at work and occupational diseases, in force at the time of the accident. 4. where there is no place for the application of the provisions of paragraph b) of paragraph 3 of article 47 and article 52 the judge can order prior opinion of specialized experts, namely the competent services of the Ministry responsible for labour area.

Article 22 temporary incapacity permanent conversion 1. The temporary incapacity becomes permanent after 18 consecutive months, and the medical expert of the Court reassess their degree of incapacity. 2. Noting that the victim is to be provided the necessary clinical treatment, the Prosecutor may extend the period prescribed in the preceding paragraph, up to a maximum of 30 months, at the request of the entity responsible and or failure.

Section VI Repair Subsection I General provisions article 23 general principle the right to reparation comprises the following benefits: a) in kind: benefits of medical, surgical, pharmaceutical, hospital and any other, whatever its form, since appropriate and necessary to the re-establishment of the State of health and working ability or failure to gain and its recovery for working life; b) In money: compensation, pensions, benefits and allowances provided for in this law.

Recurrence or worsening article 24 1. In cases of relapse or aggravation, the entitlement to benefits provided for in paragraph 1 (a)) of the preceding article shall remain after discharge, whatever the situation in this set, and covers the diseases related with the consequences of the accident. 2. The right to compensation for temporary incapacity or partial absolute for work, provided for in subparagraph (b)) of the preceding article, in case of recurrence or worsening, remains: a) after giving the victim of new low; b) Between the date of the high and new low following, if the latter were to be given within eight days. 3. For the purposes of the preceding paragraph, is considered to be the value of the consideration at the time of the accident updated by percentage increase of the minimum monthly wage.

Subsection (II) benefits in kind provided under article 25 Methods of benefits 1. The benefits in kind provided for in article 23 (a)) include: a) the medical and surgical assistance, General or specialized, including all elements of diagnosis and treatment that are required, as well as home visits; (b) medical and pharmaceutical assistance); c) nursing care; d) hospitalization and thermal treatments; and) the hosting; f) transport for observation, treatment or attend the judicial acts; g) the provision of technical AIDS and other technical devices to compensate for functional limitations, as well as its renovation and repair; h) rehabilitation services and professional and social reintegration, including the adaptation of the work station; I) The medical or functional rehabilitation services to working life; j) psychotherapeutic Support, where necessary, to the family of the victim. 2. the assistance referred to in points (a)) and j) the preceding paragraph includes the psychological and psychiatric assistance, when recognized as necessary by the attending physician.


Article 26 first aid 1. Verification of the circumstances provided for in articles 15 and 16 does not relieve the employer of providing first aid to workers and their transport to the place where it can be medically helped. 2. The employer or who represents it in management or supervisory work must, as soon as it becomes aware of an accident, to ensure the immediate and indispensable aid doctors and pharmacists to the disaster area, as well as the transport best suited for such purposes. 3. transport and aid referred to in the preceding paragraph are provided independently of any consideration of legal conditions of repair.



Article 27 place of providing clinical assistance 1. Clinical assistance must be provided in the location where the victim resides or in your own home, if necessary. 2. Such assistance may, however, be provided elsewhere by the doctor or by agreement between the victim and the responsible entity.

Article 28 1 Assistant Physician. The responsible entity has the right to appoint the Assistant disaster area. 2. The victim may resort to any doctor in the following cases: a) If an employer or who represents not at the scene of the accident and there's urgency in aid; b) if the entity responsible to appoint Assistant or he doesn't; c) if the entity responsible to renounce the right to choose the physician assistant; d) If you are discharged without being cured, and, in this case, require examination by the expert of the Court. 3. As long as there is no designated physician's Assistant, is as such considered, for all legal purposes, the doctor treating the victim.

Article 29 assistance clinic Duty no doctor can refuse to assist the claimant will work clinic, when requested by the responsible entity or by the victim himself, in which case it is allowed the choice of physician assistant.

Article 30 compliance with clinical and surgical requirements 1. The failure in accident must submit to treatment and observe the clinical and surgical requirements of the doctor appointed by the responsible entity, necessary for the healing of the injury or illness and the recovery of working capacity, without prejudice to the right to request the expert examination of the Court. 2. Being the inability or further damage as a result of unjustified refusal or lack of compliance with the clinical or surgical requirements, the compensation can be reduced or excluded in general terms. 3. always justified the refusal of surgery when, by their nature or by the State of the victim, put at risk the life of this.

Article 31 legal Replacement doctor 1. During hospitalization in hospital, the doctor is replaced in his duties by doctors at the same hospital, although with the right to monitor the treatment of the victim, as the respective internal regulations or, in the absence or inadequacy of these, according to the determinations of the director. 2. The right to monitor the treatment of disaster area includes, in particular, the Faculty of the Medical Assistant have access to all the clinical documentation relating to failure by the hospital.

Article 32 choice of surgeon in cases that should be subjected to high-risk surgery the victim has the right to choose the doctor surgeon.

Article 33 Dispute resolutions of the victim or the physician responsible entity have the right not to comply with the resolutions of the doctor or of who legally replace.

Article 34 1 differences solution. Any dissent on the matters covered in articles 31, 32 and 33, or other clinical in nature, can be resolved by simple medical Conference, the initiative of the disaster area, of responsible or the physician's Assistant, as well as the legal substitute of this. 2. If the dispute is not settled in accordance with the provisions of the preceding paragraph, is resolved: a) going on, hospitalisation by the director or by the doctor who should replace, if it is the physician's Assistant; b) there is no hospital stay, by the medical expert of the Labour Court of the area where the victim is, by determination of the Public Ministry, the request of any of those concerned. 3. The resolutions of the doctors referred to in the preceding paragraph shall be the record of written document and the person concerned can claim them, on request, to the judge of the Labour Court of the area where the victim is, to decide once and for all. 4. In the cases referred to in point (b)) of paragraph 2 and in paragraph 3, if it were to take place the emerging process of an accident at work, the raw is attached to this.

Article 35 exam bulletins and high 1. At the beginning of the treatment of the victim, the doctor issues a newsletter, in which he describes the diseases or injuries that you find and the symptoms 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 victim, either by this if find cured or in conditions of work or by any other reason, the doctor issues a high clinical bulletin, in which declare the cause of the cessation of the treatment and the degree of permanent or temporary incapacity, as well as the reasons which justify its conclusions. 3. high clinical situation in which the lesion disappeared completely or is guaranteed not to modification with appropriate therapy. 4. The examination bulletin is issued in triplicate and high in duplicate. 5. within 30 days after the completion of the acts is delivered a copy of the bulletin to the disaster area and referred to the Court, where appropriate, as well as submitted the third copy of the exam to the responsible. 6. in the case of failure by the insurer, in central administration, regional, local or other entity waived to transfer responsibility for accident at work, the newsletter is only sent to trial when there is for medical examination, when the court order or has to keep up with the participation of the accident. 7. Immediately after the completion of the acts the insurer gives the victim an informative document indicating the periods of temporary incapacity and its degree, as well as, if applicable, the date of the high and the cause of the cessation of the treatment.

Article 36 the Court Request the responsible entity, the hospitals, the social security authorities and the doctors are forced to provide labor courts all clarifications and documents that are required for observations and treatments made to victims or otherwise, related to the accident.

Article 37 1 health facility. Hospital and the treatments provided for in point (a)) of article 23 shall be made in suitable health facility to the restoration and rehabilitation of the disaster area. 2. the action, when necessary, the health establishment outside the national territory shall be done following consultation of medical board proving the impossibility of treatment in hospital in the national territory. 3. The responsible entity must sign consent forms to ensure the payment of relocation expenses and the treatments provided for in article 23 (a)). 4. If that entity refuses to sign the consent forms, cannot, with this plea, be denied treatment or hospitalization of the victim, where the gravity of her condition the imposes. 5. In the case referred to in the preceding paragraph, the establishment of health must join the process the note of the costs incurred for the purpose of payment.

6. The health establishment that, unjustifiably fails to fulfil the obligations of the urgent treatment or admission referred to in paragraph 4 is responsible for the aggravation of the injury victim, legally recognized as a result of such facts. 7. the health establishment, hospital, nursing home, or convalescent home.

Article 38 transport and stay 1. The claimant will be entitled to the provision or payment of transportation and stay, which must comply with the conditions imposed by the commodity nature of injury or disease. 2. The supply or payment referred to in the preceding paragraph covers the movement and permanence necessary for observation and treatment, and the required by the judicial appearance, saved, about these, if it is a result of failure to request to be dismissed. 3. The failure to use mass transit, except not happening or if others are more indicated by the urgency of the treatment, as determined by the attending physician or for other serious reasons cogent. 4. When the victim is under 16 years or when the nature of the injury or disease or other special circumstances so require, the right to transport and stay is extended to person who follow. 5. The categories and class of stay must adjust to the requirements of the doctor or the clinic give opinion in court. 6. payment of transportation is also extensive to the beneficiary the victim each time it is required to appear in court and necessary examinations to determine their incapacity.


Article 39 Liability for shipping and stay 1. Without prejudice to the provisions of the previous article, the responsible entity is only obliged to spend the lowest cost benefits of transport, Board and lodgings that satisfy the conditions imposed by the commodity nature of the lesion.

2. The responsible entity must assume in advance, before the transport providers and stay, the responsibility for the payment of expenses or advance its importance.

Article 40 technical AIDS in General 1. Technical assistance and other technical devices to compensate for functional limitations must be, in each case, the deemed appropriate for the intended purpose by the attending physician. 2. The right to technical AIDS and other technical devices to compensate for functional limitations covers even those intended for correction or visual, auditory or other compensation, as well as dental prosthesis. 3. When there are disagreements about the nature, quality or suitability of the technical AIDS and other technical devices to compensate for functional limitations or about the requirement or need for its renewal or repair, the public prosecutor's Office, on its own initiative or at the request of the victim, requests seem to medical expert of the Court's work in the area of residence of the victim.

Article 41 1 failure option. The victim may opt for importance for the value of technical AIDS and other technical devices to compensate for functional limitations indicated by the attending physician or by the Court, when intending to acquire technical AIDS higher cost. 2. In the case referred to in the preceding paragraph, the responsible deposit such importance to the court order, within which this fix to be paid to the supplier after you verified the implementation of technical assistance.

Article 42 repair and renewal of technical AIDS in General 1. Whenever a work accident disable or damage technical AIDS and other technical devices to compensate for functional limitations that the victim was already carrier: a) shall be borne by the entity responsible for that accident expenses necessary for the renovation or repair of the mentioned technical AIDS; b) there is a place, where appropriate, to payment of compensation corresponding to the resulting disability. 2. in the case of renewal, the charge may not exceed the cost of technical assistance equal to the unused, unless there is another more suitable technical aid. 3. the costs of repair or renovation of technical AIDS and other technical devices to compensate for functional limitations used by virtue of accidents at work and deteriorated as a result of use or normal wear and tear shall be borne by the entity responsible for the accident which determined their use. 4. During the period of repair or renewal of technical AIDS and other technical devices, the responsible entity shall, whenever possible, ensure that the failure to replace the same.

Article 43 vocational rehabilitation and adaptation of the work station 1. The employer must ensure that the worker's vocational rehabilitation and adaptation of the work station that are required to perform the duties. 2. The vocational rehabilitation referred to in the previous year number must be ensured by the employer without prejudice to the minimum number of hours of annual training certified that the employee is entitled.

Article 44 judicial notice and enforcement 1. If the entity responsible, unjustifiably refuse or delay the supply, repair or renewal of technical AIDS and other technical devices to compensate for functional limitations or have not made the deposit referred to in paragraph 2 of article 41, the judge makes a decision, ordering the notification for that entity, within 10 days, deposit to your order the importance it is due. 2. The charge that does not comply with the decision is executed for the payment of the deposit value, followed by the terms of the judgment-based execution in right amount. 3. For the product of the execution, the Court pays the expenses of technical AIDS and other technical devices to compensate for functional limitations to the entity that provided or noticed, after checked its correct application.

Article 45 loss of right to renewal or repair the victim loses the right to renew or repair of technical AIDS and other technical devices to compensate for functional limitations that adversely affect or disable due to gross negligence on his part.

Subsection III cash benefits Division I details of benefits Article 46° Modalities 1. The cash benefits provided for in subparagraph (b)) of article 23 shall include: a) compensation for temporary incapacity for work; b) Provisional pension; c) compensation in capital and pension for permanent incapacity for work; d) the situation of high grants permanent disability; e) death grants; f) the allowance for funeral expenses; g) death benefits; h) the provision for third-party assistance; I) the rehabilitation of housing allowance; j) the subsidy for the frequency of actions in the field of vocational rehabilitation needed and appropriate to the victim's reintegration in the labour market. 2. The allowance provided for in point (j)) may be added to the benefits referred to in points (a)), b) c) and i) of the preceding paragraph as a whole may not exceed, on a monthly basis, the amount equivalent to six times the value of 1.1 of the Social support Index (IAS). 3. equity compensation, allowance for high situation permanent disability, death benefits and funeral expenses and the allowance for rehabilitation of housing are provision of single assignment, being continuous or periodic assignment all the other benefits referred to in paragraph 1.

Division II disability Benefits Article 47° Benefits 1. Compensation for temporary incapacity for work is intended to compensate the claimant will, for a limited period of time, the loss or reduction of ability to work or gain resulting from an accident at work. 2. Compensation in capital and pension for permanent incapacity and the high allowance permanent disability benefits are intended to compensate the victim for the loss or permanent reduction in their ability to work or gain arising out of an accident at work. 3. If the accident result reduction in working capacity or failure to gain, this is entitled to the following benefits: a) For absolute permanent incapacity for any work: annual and lifetime pension equal to 80% of the consideration, plus 10% of this, for each dependant, up to the limit of the consideration; b) For absolute permanent incapacity for the usual work: annual pension and a lifetime of between 50% and 70% of the consideration, as the larger or smaller residual functional capacity for the exercise of other profession compatible; c) For partial permanent incapacity: annual pension and life corresponding to 70% of the reduction suffered in general or capital gain capacity of redemption of the pension in accordance with article 74; d) For temporary incapacity: compensation equal to 70% of the daily return, in the first 12 months and 75% in the subsequent period; and temporary partial incapacity): daily compensation equal to 70% of the reduction suffered in overall capacity. 4. Compensation for temporary incapacity is due while the victim is in outpatient treatment or rehabilitation professional, being reduced to 45% during the hospital stay or during the time that are paid by the responsible clinical assistance expenses and failure to stop foods, since this doesn't have anyone in charge.

Article 48 dependant for the purposes of point (a)) of paragraph 3 of the preceding article, it is dependant of the victim: the) person living with him in communion and housing, with monthly income lower than the value of the social pension; b) Spouse or person living with him in de facto union with monthly income lower than the value of the social pension; c) Descendant as referred to in paragraph 1 of article 59; d) individual income up-monthly value lower than the value of the social pension, which together with your spouse or person living with him in domestic partnership, not more than twice this value. 2. Is equated with a descendant of the claimant will, for the purposes of the preceding paragraph: a) Stepson; b) Tutored; c) adopted; d) less than through judicial or administrative trust, is in charge with a view to future adoption; and) less than is entrusted by the Court or competent entity or service legally.

3. Is equated with failure to stop up, for the purposes of paragraph 1: a) stepfather and stepmother; b) Adopter; c) Affine understood in a straight line up. 4. at the request of the responsible entity, the beneficiary must make annual proof of maintenance of requirements which give them the right to pension, under penalty of payment be suspended 60 days after the date of the request, being admitted to the test types regulated by the Instituto de Seguros de Portugal the costs, if any, shall be borne by the responsible entity.


Article 49° method of attachment of temporary and permanent disability 1. Compensation for temporary incapacity is paid in respect of every day, including rest and holidays, and starts to beat if on the day following the accident. 2. permanent disability pension is fixed at the annual amount and starts to beat if on the day following that of the victim. 3. In the temporary incapacity exceeds 30 days shall be paid the proportionate share corresponding to the holiday and Christmas allowances, determined on the basis of the percentage of the allowance provided for in points (a) to (d)) and e) of paragraph 3 of article 47.

Article 50 suspension or reduction of pension 1. Permanent disability pension cannot be suspended or reduced, even if the victim will receive remuneration higher than he had before the accident, except as a result of revision of pension. 2. permanent disability pension may be added to any other.

Article 51° provisional Pension 1. Without prejudice to the provisions of the code of labour procedure, is established a temporary pension for permanent incapacity between the day following the time of definitive pension attachment. 2. The temporary pension is intended to ensure a timely and appropriate protection in cases of permanent disability, whenever there is reason determinants of slowing the allocation of benefits. 3. The provisional pension for permanent incapacity of less than 30%, is assigned by the responsible and calculated in accordance with subparagraph (c)) of paragraph 3 of article 47, based on devaluation physician assistant and defined in the guaranteed consideration. 4. The provisional pension for permanent incapacity equal or superior to 30%, is assigned by the responsible entity, being an amount equal to the monthly value of the compensation provided for in subparagraph (e)) of paragraph 3 of article 47, based on the devaluation set by the attending physician and the guaranteed consideration. 5. The amounts paid pursuant to the preceding paragraphs are considered when end of their rights.

Article 52 additional Provision to the third person assistance 1. The supplementary pension provision is intended to offset the costs with third party assistance in face of the situation in dependency or will find the disaster area for permanent incapacity for work, as a result of injury resulting from an accident. 2. the allocation of the additional provision depends on the claimant will not be able, by themselves, provide to satisfy their daily basic needs, lacking permanent assistance of a third person. 3. The victim's family that you assist is equated with third person. 4. Cannot be considered a third person who is also in need of autonomy for the achievement of the basic acts of daily life. 5. For the purposes of paragraph 2 are considered, namely, acts related to personal hygiene care, feeding and locomotion. 6. assistance may be provided through the successive and combined participation of several people, including the provision under the home support during the period of at least 6 hours a day.

Article 53 level of additional provision for assistance to person 1. The supplementary pension provision referred to in the preceding article shall be monthly amount and maximum the value of 1.1. 2. When the doctor understand that the victim cannot dispense with the assistance of a third person, shall be awarded, from the day following high and up to the time of fixing the final pension, a supplementary temporary provision equivalent to the amount provided for in the preceding paragraph. 3. The amounts paid pursuant to the preceding paragraph are considered when end of their rights. 4. additional provision is annually updated by the same percentage in that for IAS.

Article 54° suspension of provision to third person assistance supplementary pension provision is suspended when the victim in hospital admission, or similar establishment for a period of time exceeding 30 days and during the time that the costs could run on the responsible entity.

Division III death benefits Article 55° method of attachment of pension 1. The death benefits is fixed in amount. 2. The death benefits, including due to the unborn child, WINS from the day following the death of the victim and fills itself with any other.

Article 56° to the Holders death benefits 1. In case of death, the survivor's pension is payable to the following families and assimilated the victim: a) Spouse or person with he lived in de facto Union; b) Ex-spouse or judicially separated spouse at the date of death of the victim and with the right to food; c) Children, yet unborn, and adopted, at the time of death of the victim, if they are in accordance with the conditions laid down in paragraph 1 of article 59; d) Ascenders which, at the date of death of the victim are in accordance with the conditions laid down in point d) of paragraph 1 of article 48; and) other relatives successors in title which, at the date of death of the victim, with him to live in communion and housing and are in accordance with the conditions laid down in paragraph 1 of article 59. 2. For the purposes of recognition of the right in rem son victim's stepson, since this was thanks to the provision of food. 3. It is considered that person lived in de facto Union who fulfils the requirements of Article 2020 of the Civil Code. 4. at the request of the responsible entity, the family and treated as referred to in paragraph 1, shall make annual maintenance of evidence requirements that confer the right to pension, under the terms and for the purposes set out in paragraph 4 of article 48.

Article 57° situations of invalidity, annulment, indignity and disinheritance 1. In case of marriage declared invalid or revoked, is entitled to benefits on death the person who has entered into the marriage in good faith with the victim and, at the time of his death, receive alimony ordered or approved judicially, or when this has not been assigned by the Court for lack of economic capacity of the deceased to pay. 2. You have no right to benefits on death, the person who lacks capacity succession by reason of unworthiness, unless you have been rehabilitated by the victim, or disinheritance.

Article 58 pension spouse, ex-spouse and person who lived in de facto union with the victim 1. If the accident victim's death result, the pension is as follows: a) the spouse or the person with he lived in de facto Union: 30% of the consideration of the failure to make the retirement age for old age and 40% from that age or the verification of disability or chronic illness affecting significantly its capacity for work; (b)) to the ex-spouse or judicially separated spouse and with the right to food: the pension established in the preceding paragraph and in the same terms, to the extent of the amount of food set in court. 2. If by victim's death there is competition between the beneficiaries referred to in the preceding paragraph, the pension shall be apportioned in proportion to their respective rights. 3. Any of the persons referred to in paragraph 1 to contract marriage or living in de facto Union receives, for once, three times the value of the annual pension, unless it has already occurred the redemption total pension.

Article 59 the children's pension 1. If the accident result death, are entitled to the children who are subject to the following conditions: a) under the age of 18 years; b) between 18 and 22 years while attending high school or course equated; c) between 18 and 25 years old, while attending higher level course or treated as such; d) Without age limit, when affected disabilities or chronic illness affecting substantially their ability to work. 2. The amount of the pension of the children is 20% of the consideration of the victim if it is only a 40%, if they are two, 50% if they are three or more getting double these amounts, up to a maximum of 80% of the consideration of the victim if they are orphans of father and mother.

Article 60 .° Pension to ancestors and other relatives successors in title 1. If the accident result victim's death, the amount of the pension of ascendants and any relatives successors in title is, for each of 10% of the consideration of the victim, and the total of the pensions exceeds 30% of this. 2. In the absence of the holders referred to in (a)) c) of paragraph 1 of article 56, the beneficiaries referred to in the preceding paragraph are given, each, 15% of the consideration of the victim until a period the pensionable age for old age, and 20% from this age or in the event of disability or chronic illness affecting substantially their ability to work. 3. The total of the pensions provided for in the preceding paragraph may not exceed 80% of the consideration of the victim, and the apportionment, if necessary.


Article 61° or the beneficiary's chronic disease Disability legal 1. For the purposes specified in articles 58, 59 and 60, considered with ability to work significantly affected, the victim's legal beneficiary suffering from disability or chronic illness which will reduce overall capacity definitely gain in more than 75%. 2. It has been for the inability to gain final mentioned in the preceding paragraph if it is to assume that the disease will progress in three years following the date of recognition. 3. Emerging doubts about the failure referred to in the preceding paragraphs, this is fixed by the Court.

Article 62° Absence of beneficiaries if there are no beneficiaries with pension law reverts to the Fund for accidents at work an importance equal to three times the annual remuneration.

Article 63 Accumulation and distribution of death benefits 1. Pensions for death are cumulative, but the total may not exceed 80% of the consideration of the claim incident. 2. If the pensions referred to in articles 58 to 60 of the 80% of the consideration exceed disaster area, are subject to apportionment, while this amount if show exceeded. 3. If during the period in which the pension is payable to children, either orphaned of father and mother, the pension is increased to double, up to a maximum of 80% of the consideration of the claim incident. 4. Pensions of the children of the victim are in each month, the corresponding to the number of those who are entitled to pension in that month.

Division IV Subsidies article 64 death grants 1. The death grant is intended to compensate for the costs arising from the death of the victim. 2. The death grant is equal to 12 times the 1.1 value at date of death, being assigned: spouse, ex-spouse) half, legally separated spouse or the person with the victim lived in a de facto Union, and half to the children who are entitled to alimony; b) all to the spouse, former spouse, legally separated spouse or the person with the victim lived in a de facto Union, or to the children referred to in the preceding sub-paragraph, when compete separately. 3. The allowance to be granted to the former spouse and the spouse legally separated depends on the right to food of the disaster area, and may not exceed 12 times the monthly pension that you are receiving.

4. The death grant is not due if the claimant will not let beneficiaries referred to in paragraph 2.

Article 65 1 funeral expenses allowance. The allowance for funeral expenses is intended to compensate for the costs incurred with the victim's funeral. 2. The allowance for funeral expenses is equal to the amount of the costs incurred with the same, with the limit of four times the value of 1.1, increased to twice if there is repatriation. 3. The right to the allowance for funeral expenses can be recognized to persons other than the victim's relatives and assimilated. 4. Is entitled to the allowance for funeral expenses who demonstrably have the payment of these. 5. the time limit for claiming the allowance for funeral expenses is one year from the day of its expense.

Article 66 high situations grants permanent disability 1. The allowance for situations of high permanent disability is intended to compensate the claimant will, with absolute permanent disability or permanent partial incapacity equal or superior to 70%, the loss or permanent reduction of its high ability to work or gain arising out of an accident at work. 2. The absolute permanent incapacity for all work gives the victim the right to an allowance equal to 12 times the value of 1.1. 3. The absolute permanent incapacity for the usual work gives the beneficiary entitled to a fixed allowance between 70% and 100% of 12 times the value of 1.1, taking into account the functional residual capacity for the exercise of their profession. 4. permanent partial incapacity equal or superior to 70% gives the recipient the right to an allowance corresponding to the product between 12 times the value of 1.1 and the degree of disability.

5. The value IAS provided for in the preceding paragraphs corresponds to what is in effect at the time of the accident. 6. In cases where there is overlapping of disabilities, forms the basis of the weighting the global disability grade fixed in legal terms.

Article 67 housing rehabilitation allowance 1. The housing rehabilitation allowance is intended for payment of costs of rehabilitation of housing of disaster area for permanent incapacity for work which requires, on the basis of their disability. 2. In the case referred to in the preceding paragraph, the victim is entitled to the payment of the costs incurred with the rehabilitation of housing, up to a maximum of 12 times the value of 1.1 at date of the accident.

Article 68 measures frequency allowance under the vocational rehabilitation 1. The allowance for frequency of actions in the field of vocational rehabilitation is intended for payment of costs of actions aimed at restoring the victim's occupational skill and competence where the seriousness of the injuries or other special circumstances so warrant. 2. the allocation of the allowance for the frequency of actions in the field of vocational rehabilitation depends on the failure to meet the following conditions: (a)) Have remaining capacity appropriate to the performance of the profession referred to vocational rehabilitation measures; b) be entitled to compensation or pension for incapacity resulting from an accident at work or occupational disease; c) Have required the frequency of action or course or accepted proposal of the Institute of employment and vocational training or another institution for this certified; d) Obtain a favourable opinion from the medical expert responsible for the assessment and determination of incapacity; 3. the amount of the allowance for the frequency of actions in the field of vocational rehabilitation corresponds to the amount of the costs incurred with the frequency of the same, without prejudice, in the case of action or course organized by a different entity from the Institute of employment and vocational training, the limit of the monthly value corresponding to the value of 1.1. 4. The allowance for frequency of actions in the field of vocational rehabilitation is due from the date of the effective start of the frequency of same, and its duration, or interpolated, have longer than 36 months, except in duly substantiated exceptional cases.

Division V Review of benefits article 69 1 Review. When there is a change in ability or failure to gain from aggravation, relapse, relapse or improvement of the injury or illness that gave rise to compensation, or clinical intervention or application, technical AIDS and other technical devices to compensate for functional limitations or even professional reintegration and rehabilitation and readaptation to work, the provision may be modified or extinguished in accordance with the modification. 2. The review can be carried out at the request of the victim or the person responsible for payment. 3. The review can be requested once in each calendar year.

Division VI calculation and payment of benefits article 70 1 Calculation. Compensation for temporary incapacity and death benefits and permanent disability, absolute or partial, are calculated based on total gross annual remuneration normally due to the disaster area, the date of the accident. 2. monthly retribution all benefits paid on a regular basis which are not intended to compensate the victim by random costs. 3. the annual remuneration the product of twelve times the monthly remuneration plus Christmas allowances and other benefits annual holiday to which the victim has a right on a regular basis. 4. If the remuneration corresponding to the day of the accident differs from normal consideration, this is calculated by the average of working days and the respective fee earned by the disaster area within one year prior to the accident. 5. In the absence of the elements indicated in the preceding paragraphs, the calculation is made according to the wise will the judge, taking into account the nature of the services provided, the Professional category of the victim and the uses. 6. The remuneration corresponding to the day of the accident shall be paid by the employer. 7. If the victim is a practitioner, apprentice or trainee, or in other situations that should be considered for vocational training, compensation is calculated on the basis of the average gross annual remuneration of a worker from the same company or similar company and engaged in activity corresponding to training, apprenticeship or internship. 8. The provisions of paragraphs 4 and 5 shall apply to non-scheduled work and part-time worker bound to more than one employer. 9. The calculation of benefits for part-time workers is based on the consideration that if would work full-time. 10. failure to work to carry out any examination in order to characterize the accident or disease, or treatment, or for the acquisition, replacement, or arrangement of technical AIDS and other technical devices to compensate for functional limitations, does not determine loss of retribution.


Article 71° payment of compensation, pension and supplementary provision 1. The annual pension for permanent incapacity or death is paid, and each month, until the third day of each month, each providing a 1/14 of the annual pension.

2. The holiday and Christmas allowances, each worth 1/14 the annual pension, are, respectively, paid in June and November. 3. Compensation for temporary incapacity is paid monthly. 4. payment of additional provision for third party assistance is included with the monthly payment of annual pension and holiday allowance and Christmas. 5. interested parties may agree that the payment is made at intervals other than that indicated in the preceding paragraphs.

Article 72 Place of payment of benefits 1. The payment of benefits provided for in subparagraph (b)) of article 23 shall be carried out at the place of residence of the victim or their families, if another is not awake. 2. If the creditor benefits leave abroad, payment is made at the place agreed, without prejudice to the provisions laid down in international conventions or reciprocal agreements.

Article 73° extra Deduction of expenditure 1. When agreed, at the request of the victim or of the legal beneficiaries, for the payment of benefits, different place of residence of the entity responsible can deduct the amount of these extra expenses resulting therefrom. 2. The agreement on the place or periodicity of payment shall be valid only if take the written form.

Section VII pensions Article 74 Redemption redemption Conditions 1. Must be redeemed the annual pension for life due to a disaster area with partial permanent incapacity of less than 30%, and the annual pension for life due to legal beneficiary, provided that, in either case, the value of the annual pension does not exceed six times the value of the minimum monthly wage in force on the day following the date of death or high. 2. Can be partially redeemed, at the request of the victim or of the legal beneficiaries, the annual pension corresponding to lifetime disability equal to or greater than 30% or the annual pension for life of legal beneficiary, provided that cumulatively respect the following limits: a) the remaining annual pension cannot be less than six times the amount of the minimum monthly wage in force at the date of authorization of the redemption; (b)) the capital of redemption cannot be higher than that which would arise from a pension calculated on the basis of inability to 30%. 3. In the event of an accident at work is sustained by foreign worker, resulting in permanent disability or death, the annual pension for life can be redeemed into equity, by agreement between the provider and the recipient of the pension, if this opt out definitely Portugal. 4. Delete if the application of the preceding paragraphs the legal beneficiary of annual lifetime pension suffering from disability or chronic illness which will reduce overall capacity definitely gain in more than 75%. 5. In the case of failure to suffer various accidents the pension to redeem is global.

Article 75 1 capital calculation. Equity compensation is calculated by applying the technical bases of redemption, as well as the respective tables. 2. The technical and practical tables referred to in the preceding paragraph are approved by order of the Member of Government responsible for the area of finance.

Artigo76° rights affected by the redemption redemption shall not affect: a) the entitlement to benefits in kind;

(b)) the right to the claimant will require the review of the supply; (c)) the rights assigned to the victim's legal beneficiaries, if this comes to pass away as a result of the accident; d) the updating of the remaining pension in the case of partial redemption or resulting from pension review.

Section VIII guarantee compliance with article 77 Inalienability, unseizability, non-waiver of credits and guarantees from credit repair law established in this Act are inalienable, attached and indispensable and enjoy the guarantees contained in the labour code.

Article 78 system and secure 1 unit. The employer is obliged to transfer the responsibility for repairs under this law for entities legally authorized to perform this insurance. 2. The obligation referred to in the preceding paragraph shall also be valid in relation to the employer who hire workers solely to provide work in other companies. 3. Checking if any of the situations referred to in paragraph 1 of article 18, the responsibility in it, depending on the circumstances, falls upon the employer or on the user undertaking of labor, being the insurer only secondarily responsible for benefits that would be payable if there was no wrongful act. 4. When the consideration declared for the purposes of the insurance premium is lower than the real, the insurer is only liable in relation to that compensation, which may not be lower than the minimum monthly wage. 5. In the case referred to in the preceding paragraph, the employer is responsible for the difference in relation to compensation for temporary incapacity and pensions due, as well as, for with the hospitalization and clinical assistance in its proportion.

Article 79 exemption from transfer of responsibility obligations imposed by the previous article does not cover the central, regional and local administration and other entities to the extent that their officials and agents are covered by the scheme of accidents in service or other legal regime with the same scope.

Article 80 1 uniform Policy. The policy of workers ' compensation insurance tailored to different professions and activities, in accordance with the principles set out in this Act and its regulatory legislation, approved by order of the Ministers responsible for finance and employment areas, on a proposal from the Instituto de Seguros de Portugal, after hearing the representative associations of insurance undertakings and upon prior opinion of the economic and Social Council. 2. The uniform policy obeys the principle of graduation of insurance premiums on the basis of the accident risk, taken into account the nature of the activity and the conditions of deployed prevention in the workplace. 3. Must be provided for in the uniform policy revision of the value of the prize, at the initiative of the insurer or the employer's request, based on the effective modification of the conditions for the prevention of accidents in the workplace. 4. Are zero additional clauses that contradict the rights and guarantees established in the uniform policy provided for in this article.

Article 81 and Guarantee pension update 1. To guarantee the payment of pensions established in this law which cannot be paid by the entity responsible, in particular for reasons of economic failure is assumed and supported by the Fund for accidents at work, under regulated in special legislation.

2. They are also the responsibility of the Fund referred to in the preceding paragraph updates the value of pensions payable for permanent disability equal to or greater than 30% or by death and other responsibilities under regulated in special legislation. 3. The Trust Fund referred to in the preceding paragraphs is the economically unable or entity of their bankruptcy, and to their credit, if the entity incapable is an insurance undertaking, the same degree of specific creditors. 4. Within the framework of a company recovery process is unable to pay the insurance premiums for accidents at work of employees, the company's manager must communicate such impossibility to the Fund referred to in the preceding paragraphs 60 days before the expiration of the contract, so that the bottom, can replace the company that payment in this case, apply the provisions of paragraph 3.

Article 82 Risks declined 1. The Instituto de Seguros de Portugal establishes for enabling regulation the provisions relating to the placing of risks by insurers refused. 2. The Instituto de Seguros de Portugal can reassure and kicking the risks declined. 3. In relation to the risks the Insurance Institute refused to Portugal may apply to the competent authorities, certificates of conformity with the safety rules in force.

Article 83 guaranteeing obligation 1. The employer is obliged to support the payment of pensions for accidents at work, has been convicted or has approved agreement thank you for when there are no or insufficient insurance, unless an insurer to celebrate a specific contract of insurance. 2. The deposit can be made by cash deposit, government bonds, assignment or mortgage of real estate or bank guarantee. 3. Insurers is done by order of the judge of the Court of the respective work, or your


Please, within which he designates. 4. The public debt securities are valued, for the purpose of guaranteeing, for the last quote in the stock market and the real estate and mortgage loans by Matrix value fixed in their buildings, the Prosecutors enjoy and give an opinion on the suitability of the technical reserves. 5. The real property subject to this risk are necessarily safe from fire. 6. Insurers should be reinforced where it is found that is insufficient, by applying mutatis mutandis the previous paragraphs. 7. Checked the failure, extending for a period exceeding 15 days, the payment of pensions in debt start the escrow amounts, without the need for execution.

Article 84 Instituto de Seguros de Portugal 1. The Instituto de Seguros de Portugal to determine the value of the guaranteeing of pensions, when there is no or insufficient insurance of the responsibility of the employer. 2. also to the Instituto de Seguros de Portugal to give opinion on the transfer of responsibility of pensions for work accidents for insurance companies. 3. The guaranteeing of pension values are calculated in accordance with the tables the practices referred to in article 75, plus 10%.

Section IX participation of workplace accident Article 85 Failure and legal beneficiaries 1. The victim or the legal beneficiaries in case of death, should participate in the work accident, verbally or in writing, in 48 hours, to the employer, unless the have witnessed or it comes to have knowledge in the same period. 2. If the State of the victim or other circumstance, duly proven, not allow compliance with the provisions of the preceding paragraph, the term in this set is counted as the cessation of the hindrance. 3. If the injury turns out to be or is recognized at a later date to the accident, the period is counted from the date of revelation or recognition. 4. When the claimant will not participate in the accident in time and therefore have been impossible for the employer or who represents it in the direction of work provide assistance, inability judicially recognized as a consequence of that lack does not confer entitlement to benefits established by law, to the extent that resulted.

Article 86 Employer with responsibility transferred 1. The employer who has transferred the responsibility must, under penalty of answer for damages, participate to the insurer the occurrence of the accident within 24 hours from the date of knowledge. 2. the contribution must be forwarded to the insurance company by means, in particular computer in digital form or e-mail, except as provided in the following paragraph. 3. In the case of micro enterprise, the employer can refer to participation in paper form.

Article 87(1) no Employer responsibility transferred 1. The employer whose responsibility is not transferred should attend the accident to the competent court, in writing, regardless of any consideration of legal conditions of repair. 2. The deadline for participation is eight days from the date of the accident or his knowledge. 3. In the case of death, the accident is reported immediately to the competent court, by email or by fax, without prejudice to the preceding paragraphs.

Article 88 Work on Board 1. Being the victim entered, participation is the local organ of the maritime port authority system of the country where the accident occurred, without prejudice to any other notifications provided for in special legislation. 2. If the accident occurs on board Portuguese ship, on the high seas or abroad, participation is the local organ of the maritime authority system of the first Tehran escalated after the accident. 3. The shares referred to in the preceding paragraphs shall be made within two days from the date of the accident or the arrival of the ship, and returned immediately to the competent court by the local maritime authority system, if the responsibility is not transferred or if the accident has resulted in the death, and the insurance company in all other cases.

Article 89 1 Insurer. The insurer takes part to the competent court in writing within eight days of the high accident clinic that has a result permanent disability and, immediately, after your knowledge, by email, fax or another route with the same effect as written record, the accident that resulted in death. 2. participation by email, fax or another route with the same effect as the registration of non-formal participation waiver must be made within eight days of the death or your knowledge. 3. The insurance company participates in the competent court in writing within eight days following the inspection, all cases of temporary incapacity, or jointly exceed 12 consecutive months.

Article 90 Communication compulsory in case of death 1. The hospital director, or prison outreach communicates immediately to the competent court and the responsible entity, by telefax or another route with the same effect as the registration of messages, the death, as a result of accident, of employee there admitted. 2. Equal must have any other person or entity to whose care the victim is.

Article 91 the Court participation school participation of accident to the competent court can be made: a) at failure, directly or through an intermediary; b) by family or equated the failure; c) By any entity entitled to receive the value of benefits; d) by the police authority or administration has taken note of the accident; and) by the director of the hospital, prison where the victim assistance or is admitted, and the accident occurred in the service of another entity.

Chapter III section I Protection in occupational diseases occupational diseases Subsection (I) protection of the event Article 92 Scope 1. The protection of the event of occupational diseases is part of the material scope of the general social security system for workers bound by an employment contract and of the self-employed and that just being covered by some contingencies, carry out discounts on their contributions in order to be protected by the system of occupational diseases. 2. Can also be covered by the arrangements provided for in this chapter to which workers, being only covered for some contingencies, the contribution rate applicable to integrate the cost of protection in occupational diseases.

Article 93 Lists of occupational diseases 1. The development and updating of the list of occupational diseases provided for in paragraph 2 of article 283.º of the labour code is performed by a National Commission, whose composition, competence and functioning are laid down in special legislation. 2. The personal injury, functional disorder or disease not included in the list referred to in the preceding paragraph are insured since proven to be necessary and direct consequence of the activity pursued and do not represent normal wear on the body.

Article 94 right to repair the right to compensation arising from occupational diseases provided for in paragraph 1 of the preceding article assumes that, cumulatively, if you check the following conditions: the worker affected by) corresponding occupational disease; (b)) have been the worker exposed to the risk by nature, activity or industry conditions, environment and work techniques.

Article 95. Assessment, graduation and repair of occupational illnesses assessment, graduation and repair of occupational diseases diagnosed is the sole responsibility of the service with competence in the area of protection against occupational hazards.

Article 96 nature of disability 1. The occupational disease may require temporary or permanent incapacity for work, as defined in article 19. 2. The temporary incapacity lasting more than 18 months is considered as permanent and fixed its degree of incapacity, unless clinical opinion to the contrary, however, that failure to bypass the 30 months. 3. The clinical opinion referred to in the preceding paragraph may propose the continuation of temporary incapacity or the granting of provisional pension.

Article 97° protection of the event 1. The protection on occupational diseases is ensured by the development and systematic actions in the field of prevention, by the assignment of cash benefits in kind and, in conjunction with the professional reintegration and rehabilitation interventions, adaptation to work and the repair of damages in the case. 2. The benefits in kind are, mutatis mutandis, the procedures referred to in the previous chapter, as well as those provided for in the following article. 3. Cash benefits are, mutatis mutandis, the procedures referred to in the previous chapter.


Article 98° Modalities of benefits in kind are benefits in kind the reimbursement of travel expenses, food and accommodation are indispensable to the achievement of the benefits provided for in article 25, as well as any other, regardless of the form they are, provided that necessary and appropriate to the re-establishment of the State of health and capacity for work or labor and gain his recovery to working life.

Subsection II ownership of rights Article 99 .° Holders entitlement to benefits for occupational diseases 1. The entitlement to benefits is recognized to the beneficiary that is the bearer of an occupational disease. 2. The right to benefits in the event of the death of beneficiary that is the bearer of an occupational disease is recognized family members or people regarded as provided for in article 56 .° Article 100° Familiar over the concept of the family Office, for the purpose of entitlement or amount of benefits regulated in this chapter corresponds to that provided for in the general social security system for the protection of the event death.

Section II subsection I Benefits cash benefits Article 101° pension and death grants and for funeral expenses 1. For the purposes of attribution of death benefits, subsidies for death and funeral expenses, it is the death that results from occupational disease. 2. the allocation of the benefits referred to in the preceding paragraph, in the event of death by natural causes of occupational disease carrier, beneficiary depends on their relatives or third parties not entitled to equivalent benefits granted by any other compulsory social protection regime.

Article 102° additional Benefits in the months of June and November of each year, pensioners are entitled to receive, in addition to the monthly installment that matches them, an additional amount of equal value.

Subsection (II) benefits in kind provided under Article 103° benefits in kind 1. The benefits in kind are provided, as a rule, through reimbursements of expenditure, in accordance with the following paragraphs. 2. The reimbursement of health care expenses are intended to cover all the expenses made by the beneficiary with medical, surgical, nursing, medical and pharmaceutical, as a result of occupational disease. 3. with travel expenses are intended to compensate, in accordance with prescribed, travel expenses incurred by the beneficiary, resulting from the use of health care, disability evaluation examinations and professional reintegration and rehabilitation services, as well as frequency of professional training courses. 4. Expenses with room and Board are intended to compensate, in accordance with prescribed, performed by the beneficiary arising from the use of the benefits in kind which involve movement of the place of residence.

Section III Conditions for providing General Conditions article 104 subsection I conditions relating to occupational disease 1. For the purposes of point (b) article 94) are taken into account, as appropriate, activities liable to give rise to the risk involved, pursued under the legislation of another Member State, where this is provided for in an international instrument of social security to which Portugal is linked. 2. If the person concerned has been exposed to the same risk under the general scheme and the legislation of another State to which Portugal is bound by an international instrument, the benefits shall be provided in accordance with the provisions of this instrument.

Article 105° warranty benefits are assigned regardless of any warranty period.

Subsection II special conditions article 106 provisional Pension 1. The assignment of temporary pension for permanent disability depends on clinical opinion, in the cases provided for by paragraphs 2 and 3 of article 96. 2. the allocation of temporary death pension depends on still not consider characterized the cause of death, as well as the respective interested meet the legally prescribed conditions for the recognition of their right and not in any of the following: a) remunerated professional activity exercise; b) Pre-reform; c) Pensioners of any system of social protection. 3. Can be assigned a provisional amount of permanent disability or death pension if, checked the conditions determinants of right, for administrative or technical reasons, not attributable to the beneficiaries, it is impractical to assign definitive pension within three months from the date of entry of the application.

Article 107° grant to frequency of actions under the vocational rehabilitation the subsidy for the frequency of actions in the field of vocational rehabilitation depends on the beneficiary, cumulatively, the constraints referred to in (a)) and (b)) of paragraph 2 of article 68, as well as the following: a) Have required the frequency of action or course or accepted a proposal from service with competence in the area of protection against occupational hazards; b) Obtain a favourable opinion from the medical services responsible for evaluation of disabilities by occupational diseases.

Article 108° benefits in kind the reimbursement of costs of benefits in kind provided for in article 103, depends on, as the case may be: a) the impossibility proof of official services and resource service authorization with competences in the area of protection against occupational hazards for access to private services; (b)) the need to travel and stay out of the habitual place of residence of the beneficiary; c) opinion by medical board, on the need for health care and its impossibility in the national territory.

Section IV amount of the benefit Determination of amounts subsection I Article 109° General 1. The amount of the benefits referred to in points (a)) c) and g) of paragraph 1 of article 46 thereof is determined by applying the percentage legally fixed to retribution. 2. the amount of the benefits referred to in paragraph 1 of article 46 thereof is determined on the basis of expenditure incurred or by indexing to certain values.

Article 110° Determination of the consideration of reference 1. In the repair of occupational disease, the retribution of reference to consider the calculation of the compensation and pension corresponds to the total gross annual remuneration payable to the beneficiary in the 12 months prior to the termination of the exposure to risk, or the date of certification of the disease to determine if this inability to precede. 2. In the case of irregular work and part-time work with linking to more than one employer, as well as in other cases in which does not apply paragraph 1, the reference remuneration is calculated by the average of working days and corresponding compensation received by the beneficiary in the year prior to the certification of occupational disease , or in the period in which there was provision of effective work. 3. In the absence of the elements referred to in paragraph 1, and taking into account the nature of the services provided, the Professional category of the beneficiary and the uses, the remuneration is set by the service with competence in the area of protection against occupational hazards. 4. For the determination of the reference remuneration is considered as: the annual Consideration, 12) compensation gross monthly accrued expenses Christmas and other holiday annual compensation to which the employee is entitled on a regular basis, in the 12 months prior to the termination of the exposure to risk, or the date of certification of the disease to determine if this inability to precede; b) daily Remuneration, obtained by dividing the annual consideration by the number of days with compensation.

Article 111 .° Retribution when the conventional base contributory factor in conventional retribution, retribution of reference matches the value that forms the basis of the contributory effect, without prejudice to the provisions of the previous article.

Article 112 .° reference in the case of Retribution change the disability grade 1. In the case of the beneficiary, to contract an occupational disease, be allocated to permanent disability resulting from an accident at work or occupational disease, the repair is just equal to the difference between the previous and that disability is calculated as if all the failure was attributed to the last occupational disease. 2. Are taken into account for the purposes of the preceding paragraph the previous professional disability established under the legislation of another State to which Portugal is bound by international social security instrument. 3. Repairing provided for pursuant to paragraph 1 is considered the compensation corresponding to the last occupational disease, unless the previous inability also arise from occupational disease and the corresponding provision is based on higher remuneration, in which case this is considered. 4. For the purposes of the application of this article and in the case of absolute permanent incapacity for the usual work should be given a degree of incapacity. 5. The provisions of paragraph 3 shall apply also to review cases in which there is aggravation of disability.


Subsection II disability Benefits Division I compensation for temporary incapacity Article 113° compensation for pneumoconiosis associated with tuberculosis 1. The daily amount of compensation for temporary incapacity of the beneficiary pneumoconioses carrier associated with tuberculosis is equal to 80% of the reference remuneration plus 10% of that for each dependant, up to a limit of retribution. 2. The preceding paragraph applies regardless of the dates of diagnosis of pneumoconiosis and tuberculosis. 3. After discharge for tuberculosis, the beneficiary is subject to medical examination for the purpose of determining the degree of disability for occupational disease.

Division II permanent incapacity Benefits Article 114° absolute permanent disability pension for the usual work In absolute permanent incapacity for work, the amount of the monthly pension is set between 50% and 70% of the consideration, as the larger or smaller residual functional capacity for the exercise of their profession.

Article 115 Bonus of permanent disability pension 1. Permanent disability pension is reduced to 20% of its value in respect of the pensioner who, ceasing his professional activity, is affected by: a) Pneumoconiosis with degree of permanent disability of at least 50%, and in which the devaluation coefficient referred to in the elements is 10%, radiographic when completing 50 years of age; b) occupational diseases with a degree of permanent incapacity of at least 70%, while completing 50 years of age; c) occupational diseases with a degree of permanent disability of at least 80%, regardless of their age.

2. The amount of subsidy may not exceed the value of the consideration which serves as a basis for calculating the pension.

Article 116 high grants permanent disability and rehabilitation of housing the value to be taken into account for the award of subsidies for high permanent disability and the rehabilitation of housing, provided for in articles 66 and 67, is what is in effect on the date of certification of the disability.

Subsection III death benefits Division I provisional Pension Article 117° provisional Pension death benefits 1. The amount of the provisional death pension is equal to the resulting from the application of the percentages for calculating the death benefits to the value defined in paragraph 1 of article 110. 2. Assigned to definitive pension, there is room to the settling of accounts between this and the provisional amount of pension.

Division II death grants Article 118° 1 Allowance. The death grant, shall apply the provisions of article 64. 2. In the absence of any of the holders referred to in article 64, the amount reverts to the Fund of assistance of service with competence in the area of protection against occupational hazards.

Subsection IV amount of benefits common to the pensions Article 119 .° additional pension Provision to the third person assistance 1. The amount of the allowance provided for in article 53° corresponds to the value of the consideration paid to the person who provides assistance, with the limit therein. 2. In the absence of proof of the consideration, the amount of the benefit corresponds to the value established for identical provision under the general scheme and, if there are several, to the highest.

Article 120 .° Additional Benefits The benefits are equal to the additional pensions relating to months of June and November, respectively, including the value of the additional provision for third party assistance, when this there is place.

Article 121 .° Provisional pension Amount 1. The provisional monthly pension for permanent incapacity and the provisional amount of the same are equal to the amount of monthly compensation for temporary incapacity that was to be attributed or attributable. 2. Assigned to definitive pension, there is room to the settling of accounts between this and the provisional amount of pension.

Subsection V Amount of benefits in kind provided under Article 122° Refunds 1. Reimbursements relating to health care expenses that there is place correspond to all the same. 2. The refunds relating to travel expenses, accommodation and meals made by the beneficiary and their companions involving movement of the place of residence, are carried out by documentary evidence in the following terms: a) by the amount corresponding to the full use of collective public transport or the cost incurred from the use of other means of transport, when one does not exist or is not appropriate for the State of health of the beneficiary duly attested by a doctor's note or other serious reasons cogent; b) within the limit of the lower value of the allowances to the employees and agents of the public administration, and on their terms. 3. The payment of the expenses of the beneficiary's date depends on the beneficiary's State of health so requires, by duly established medical declaration.

Subsection VI guarantee and update article 123 pensions Update the values of pensions covered in this chapter are periodically updated in accordance with the procedure provided for in the pensions update diploma under the general scheme.

Article 124 1 payment guarantee. The payment of pensions for permanent incapacity or death and compensation for temporary incapacity which cannot be paid by the entity legally authorized to not transfer the responsibility of insurance by reason of incapacity objectively economic characterized in the insolvency and business recovery or due to absence, disappearance or impossibility of identification, is supported by service with competence in the area of protection against occupational hazards. 2. The service with competence in the area of protection against occupational hazards is formed principal creditor economically unable or their bankrupt estate, and to their credit, if the entity is unable to be an insurance company, the same degree of specific creditors.

Section V Duration of benefits Subsection I of article 125 benefits Start beginning of compensation for temporary disability 1. Compensation for temporary incapacity absolute is due from the first day of incapacity without provision of work. 2. Compensation for temporary partial disability is payable from the date of the reduction of the work and the corresponding certification.

Article 126 beginning of provisional pension 1. The temporary pension is payable from the day following that on which there is no longer a place to compensation for temporary incapacity. 2. The provisional amount of the pension is payable from the date of the application, mandatory participation or the death of the beneficiary, as the case may be.

Article 127 permanent disability pension 1. Permanent disability pension is payable from the date the respective situation reports, and may not be earlier than the date of application or participation mandatory, unless proven to confirm that disease reports to earlier date. 2. permanent disability pension is payable from the month following the application, in the following cases: a) on the impossibility of the medical certification reporting the inability to that date, in which case it considers presumed; b) if the beneficiary does not instruct the process and its application to evaluation of permanent disability for occupational disease within one year from the date of communication of the service with competence in the area of protection against occupational hazards, to that same effect. 3. In the case of point (a)) of the preceding paragraph, the failure is considered the date of mandatory participation, if prior to the application. 4. The absolute permanent disability pension to any sequential work to temporary disability without provision is due from the first day in respect of which the same is certified and cannot, however, be earlier than the first day of temporary incapacity. 5. in the case of subsidized pension, the bonus is payable from the month following the presentation of the documentation required for this purpose. 6. The allowance for situations of high permanent disability is due from the date of the establishment of the disability.

Article 128 death benefits 1. Death pension is payable from the month following the death of the beneficiary if required 12 months immediate us or from the month following the application, if not. 2. The change in the amounts of pensions resulting from the modification of the number of holders takes place in the month following the verification of the fact that the determined.

Article 129 additional Provision for assistance to third person to provide additional assistance to third-person refers to the date of the respective application, if the applicant is already required from third person assistance and had or, otherwise, the date on which it becomes apparent that conditionality. Subsection II Suspension of benefits Article 130 bonus suspension of pensions the pension bonus shall be suspended while the pensioner exercise activity subject to the risk of disease or diseases for which is a pensioner.

Subsection III Termination of benefits


Article 131 Cessation of the right to compensation for temporary incapacity entitlement to compensation for temporary incapacity ceases with the beneficiary's or clinic with high certification of permanent disability.

Article 132 cessation of provisional pension 1. The provisional pension ceases on the date of the definitive fixing of the pension or not check constraints of the assignment of this provision. 2. To not check constraints of non-assignment gives way to refund temporary pensions paid.

Article 133 Cessation of entitlement to pension 1. The right to the pension ceases under the general terms of cessation of the corresponding general scheme pension. 2. Entitlement to death benefits ceases, in particular, with: a) the marriage or de facto Union of the surviving spouse, former spouse of the deceased or beneficiary of the person living with the beneficiary in de facto Union; b) traffic in justices of the judgment of the pensioner as author, accomplice or encobridor of the crime of murder, even if not consummated, in the person of the beneficiary or of others that compete in the survivor's pension, unless the offended have rehabilitated pursuant to the law; (c) the judicial declaration of unworthiness) boarder, unless the beneficiary has rehabilitated and in the case of disinheritance by the beneficiary, unless the pensioner is rehabilitated, by means of action challenging the disinheritance.

Article 134 Redemption 1. Can be redeemed, upon request of the person concerned or by judicial decision, the pension due for non-occupational disease, corresponding to permanent partial incapacity of less than 30%. 2. Can be partially redeemed, upon petition or by judicial decision, the pension due for non-occupational disease, corresponding to permanent partial incapacity equal or superior to 30%, since the remaining pension is equal to or greater than 50% of the value of 1.1. 3. The redemption capital is calculated in accordance with the provisions laid down in special legislation.

Section VI Accumulation and 135.3 Accumulation benefits coordination of benefits with earnings from work are not cumulative with retribution resulting from professional activity the following benefits: a) compensation for temporary incapacity absolute; b) interest pension, if the situation referred to in article 130; c) absolute permanent disability pension for any job and pension for absolute permanent incapacity for the usual work, since, on this, the retribution in consequence of exercising the same job or activity subject to the risk of occupational disease in respect of which it is a pensioner.

136 occupational disease pension accumulation with other pensions permanent disability pension for occupational disease is cumulative with the disability or old age pension assigned, within the framework of compulsory social protection schemes, without prejudice to the rules of accumulation of these schemes themselves.

Section VII certification of disabilities 137 general principles 1. The certification of disability covers diagnosis of the disease, its characterization as an occupational disease and the degree of disability, as well as, where appropriate, the statement of the need for permanent assistance of a third person for the purposes of supplementary provision. 2. The characterization of occupational disease and of permanent disability can be reviewed by the service with competence in the area of protection against occupational hazards, ex officio, or at the request of the beneficiary, regardless of the entity that has fixed.

3. Certification and revision of the disability is the sole responsibility of the service with competence in the area of protection against occupational hazards, without prejudice to the presumptive diagnosis by physicians health services, for the purposes of attribution of compensation for temporary incapacity.

Article 138 Equating the quality of pensioner pensioner quality occupational disease with degree of permanent disability equal to or greater than 50% is considered equivalent to the quality of disability pensioners under the general scheme.

Section VIII Administration Subsection I Management Article 139° application of the 1. The application of the arrangements provided for in this chapter is the responsibility of the services with expertise in the area of protection against occupational hazards. 2. Other social security institutions, within their respective roles, collaborate with the service with competence in the area of protection against occupational hazards in the development of competence provided for in the preceding paragraph.

Article 140° Articulation between institutions and services 1. The service with competence in the area of protection against occupational hazards must establish appropriate joint standards with other services, in particular social security institutions, health services, employment and vocational training, labour relations and guardianship of the various areas of activity, in order to ensure maximum efficiency and effectiveness in the prevention and repair of occupational diseases. 2. The retraining and rehabilitation measures deemed convenient can be ensured by the competent departments of employment and professional training, through the conclusion of cooperation agreements on the terms and conditions prescribed in chapter IV.

Article 141. compulsory Participation 1°. The doctor participates in service with competence in the area of protection against occupational hazards all clinical cases in which it is to assume the existence of an occupational disease. 2. The presumptive diagnosis of occupational disease for the services referred to in paragraph 3 of article 137 and the eventual recognition of temporary disability for occupational disease do not exempt doctors from their mandatory participation services provided for in this article. 3. the contribution must be submitted within eight days from the date of diagnosis or presumption of the existence of an occupational disease. 4. The model of participation referred to in this article is approved by joint decree of the Ministers responsible for labour and social security areas.

Article 142 .° mandatory reporting l. the service with competence in the area of protection against occupational hazards informs the confirmed cases of occupational disease to the competent service in the prevention of safety and health at work and supervision of working conditions, the Directorate-General for health, and to the employer, as well as, depending on the place where, presumably, has originated or aggravated the disease regional health services and regional social security centres. 2. the notification referred to in the preceding paragraph must be anticipated, in order to determine the corresponding preventive measures, in cases where clear evidence of particular gravity in competition of the labour situation.

Subsection II Organisation Article 143 processes .° Application of benefits 1. The cash benefits provided for in this chapter are subject to application, except with regard to the benefits referred to in points (a)) and i) of paragraph 1 of article 25. 2. The benefits in kind which give rise to reimbursement are also required. 3. The requirements laid down in the preceding paragraphs are directed to the service with competence in the area of protection against occupational hazards.

Article 144° 1 Applicants. The benefits are required by the person concerned or his legal representatives. 2. the provision for death in favour of minor or incapable may still be required by the person who proves to have him in charge or to wait for a court decision of supply failure.

Article 145° pension application instruction 1. Permanent disability pension is required on model itself, delivered in service with competence in the area of protection against occupational hazards or competent social security services. 2. the application must be accompanied by medical information, including official health services and physician occupational medicine service of their employer. 3. In case of impossibility of the applicant have the evidence the medical examinations shall be carried out in the service with competence in the area of protection against occupational hazards or required by this to competent authority.

Article 146 .° application instruction subsidized pension the pension bonus depends on the beneficiary's application accompanied by a declaration of cessation of business or professional activities determining permanent disability.

Article 147. the application of benefits Statement° by 1 death. Death benefits are allocated at the request of the person concerned or his legal representatives, which must be accompanied by the supporting documents of the constraints of their assignment. 2. In the case of de facto Union, the pension application should be accompanied by judicial sentence issued certificate in food action filed against the inheritance of the deceased or in declarative action against social security institution, resulting in the recognition that the applicant meets the conditions of that are legally required for the allocation of food.


Article 148 of the request Statement of the allowance for funeral expenses claiming the allowance for funeral expenses is accompanied by documentary evidence of the applicant has carried out the payment.

Article 149 additional provision Requirement of third-person 1. The additional provision is required by the beneficiary, being the process accompanied by the following documents: a) Declaration by the applicant stating the existence of which the person who pays or is willing to provide assistance, specifying the conditions under which it is or will be provided; b) Opinion of medical services of the service with competence in the area of protection against occupational hazards that the situation of dependency. 2. The service with competence in the area of protection against occupational hazards can trigger the procedures that it deems appropriate for attesting the truthfulness of the Declaration referred to in subparagraph (a)) of the preceding paragraph, either directly or through other institutions.

Article 150 1 Application Deadline. The deadline to apply for the allowance for funeral expenses and benefits in kind, in the form of reimbursement, is one year from the day of its expense. 2. the time limit for claiming alimony and death grants shall not exceed five years from the date of death of the beneficiary.

And (4) the limitation period for the purpose of limitation of the right to benefits, counting the period starts on the day following that on which the delivery was put the payment, with the lender's knowledge.

Article 152° Duties 1. The pensioner who performs activity subject to reduced risk of illness or occupational diseases determinants of their situation of pensioners is bound to give, the fact that knowledge for skills in the area of protection against occupational hazards, within 10 days following the respective beginning. 2. The pensioner for death that celebrate marriage or de facto Union start give knowledge for skills in the area of protection against occupational hazards, in the 30 days following the respective verification. 3. The families are required to report the death of the beneficiary to the service with competence in the area of protection against occupational hazards, within 60 days after the occurrence.

Chapter IV rehabilitation and Professional Reintegration Section I scope Article 153 thereof Under this chapter regulates the regime concerning the rehabilitation and reintegration worker professional failure for accident at work or occupational disease affected that temporary partial incapacity resulted or partial or absolute permanent incapacity for work.

Section II rehabilitation and Professional Reintegration Article 154° Occupation and rehabilitation 1. The employer is obliged to take the worker who, in his service, even though the title of the contract term, suffered an accident at work or has contracted an occupational disease, that has a result any of the disabilities referred to in the previous article, and working conditions compatible with their status, in accordance with the procedure laid down in this law. 2-to the employee referred to in the preceding paragraph shall be ensured, by the employer, vocational training, the adaptation of the workplace, part-time work and the license for training or new job laid down in this law.

3-the Government must create professional adaptation or readaptation services and placement, ensuring coordination between these services and the existing ones, the State, the institutions, employers and insurers, and using these services as much as possible.

Article 155° mandatory 1 Occupation. The obligation provided for in paragraph 1 of the preceding article ceases if, unjustifiably the employee does not perform to the employer within 10 days after the communication of inability. 2. An employer that does not fulfill the obligation of effective occupation, and without prejudice to any other benefits payable by law or by collective regulatory instrument, the worker must pay the compensation provided for in paragraph 2 of the article following, unless, however, the contract ceases in legal terms.

Article 156° special conditions of work 1. The employee with reduced working capacity as a result of an accident at work or occupational disease, the who the employer with which the accident occurred or the disease was contracted, ensure compatible functions occupancy, during the period of disability, are entitled to exemption from work schedules with adaptability, additional work and work at night time. 2. The compensation due to the victim by worker accident at work or occupational disease affected busy compatible functions, including during the period of permanent incapacity, is based on the day of the accident, unless in the meantime the retribution of the corresponding category has been subject to change, in which case this is considered. 3. The consideration to which alludes to in the preceding paragraph is never less than due from the remaining capacity. 4. The unjustified dismissal of employee temporarily incapacitated as a result of an accident at work or occupational disease entitles that, without prejudice to other rights enshrined in the labour code, if you do not choose the reintegration, the right to compensation equal to double of what you would for unlawful dismissal.

Article 157 part-time work and license for training or new job 1. The worker, who performs functions compatible according to their permanent disability, you are entitled to work part-time and the license for training or a new job, in accordance with the following paragraphs. 2. Unless otherwise agreed, the normal period of part-time work corresponds to half the full time practiced in a comparable situation, and it is provided daily, morning or afternoon, or in three days a week, according to the request of the worker. 3. The license for training may be granted for instructor-led training course frequency under the responsibility of an educational institution or training or within specific programme approved by the competent authority and run under its control or frequency of educational course taught in school. 4. The license for new job may be granted to workers who wish to enter into an employment contract with another employer for a period corresponding to the duration of the trial period. 5. The grant of license for training or new job determines the suspension of the employment contract, with the effects provided for in paragraph 4 of article 317 of the labour code. 6. The employee must ask the employer to pass the provision of part-time work or the license for training or a new job, with the advance of 30 days for its beginning, in writing and with the following information: a) in the case of the provision of part-time work, its duration and the weekly distribution of the normal working period intended; b) in the case of license for training, the course you want to attend and its duration; c) in the case of a licence for new employment, the duration of the trial period.

7. The employer can only refuse any of the applications referred to in paragraph 1 on the basis of compelling reasons and objectives related to the operation of the company or service, or the inability to replace the employee if this is indispensable.

Article 158° 1 Review. When it is considered necessary to the clarification of questions about disabilities referred to in article 153 or on employment of disabled worker in functions that are compatible with your State, you may be asked the opinion of experts of the competent public service in the area of employment and vocational training. 2. When the employer ensure the occupation compatible with the State of the worker, may apply to the competent public service in the area of employment and vocational training the evaluation of the situation of the worker, with a view to adapting the workplace and vocational training appropriate to the occupation and role to play. 3. The competent public service in the area of employment and vocational training, through job centre of the geographic area of the workplace, the assessment of the situation of the worker and to the promotion of any necessary adaptations to the occupation of their workstation through the provision of technical assistance deemed necessary, in particular, to its network of specialised resources centres. 4. By agreement between the employer and the worker can also be applied for the assessment referred to in paragraph 1, in cases where the occupation compatible with their status is assured by another employer.

Article 159° 1 technical and financial Support. In addition to the technical assistance necessary for the adaptation of the workplace to the needs of the victim or worker affected by illness, the employer that ensures consistent occupation, in accordance with the procedure referred to in paragraph 1 of article 154 and paragraph 3 of the preceding article, may benefit from technical and financial support granted by the competent public service in the area of employment and vocational training the programmes concerning vocational rehabilitation of persons with disabilities Since that gather their


requirements. 2. An employer that promotes worker's vocational rehabilitation can also benefit from technical and financial support provided for in the preceding paragraph.

Article 160(1)(a) inability to provide compatible occupation 1. When the employer declares inability to provide occupation and function compatible with the State of the worker, the situation must be evaluated and confirmed by the competent public service in the area of employment and vocational training under the conditions laid down in this chapter. 2. If the competent public service in the area of employment and vocational training complete the feasibility of occupying a workstation in the enterprise at the service of which the accident at work was sustained or the occupational disease, shall work with the employer in order to put the worker in occupation and compatible function, suggesting her, where appropriate, ask the job centre of the geographic area of the workplace support provided for in the preceding article. 3. If the competent public service in the area of employment and vocational training complete the impossibility of occupying a workstation in the enterprise at the service of which the accident at work occurred or the occupational disease was contracted, request the intervention of the job centre of the geographical area of residence of the worker, the support to find alternative solutions with a view to their rehabilitation and professional reintegration.

Article 161 1 professional reintegration plan. Under the support envisaged in paragraphs 1 and 2 of article 159 and in paragraphs 2 and 3 of the previous article, the competent public service in the area of employment and vocational training, through the competent employment Center and using its network of specialised resources centres, sets a contingency plan aimed at the professional reintegration of the victim or worker affected by occupational disease , equating the means that should be made available.

2. The contingency plan referred to in the preceding paragraph is defined jointly with the employee and consensualizado with: a) the employer and occupation to ensure compatible function; (b)) other services involved in the implementation of the plan, where appropriate. 3. The intervention of the competent public service in the area of employment and vocational training is carried out from the time when the process of rehabilitation clinic enables professional reintegration process starts. 4. where the competent public service in the area of employment and vocational training, as part of its intervention, which has no appropriate responses for the reintegration of the worker, may propose the use of other entities responsible for the effect. 5. The competent public service in the area of employment and vocational training ensures the monitoring of professional reintegration process.

Article 162 .° professional reintegration expenses 1. The costs of professional reintegration, under the provisions of paragraph 2 of article 154, are assumed by the employer where the employee remains in the service of the company which had the accident or contracted the occupational disease, without prejudice to paragraphs 1 and 2 of article 160. 2. The costs of the professional reintegration of workers to whom the employer has been unable to ensure compatible occupation are assumed by this and by the competent public service in the area of employment and vocational training, in the case of an accident at work, or by the employer and by the service with competence in the area of protection against occupational hazards, in the case of occupational disease. 3. The costs assumed by the employer, as provided for in the preceding paragraph, shall be carried out to value equal to double the compensation that it would compete for unlawful dismissal. 4. In exceptional cases, duly substantiated and documented, the competent public service in the area of employment and vocational training or the services with expertise in the area of protection against occupational hazards, as in the case of an accident at work or occupational disease, may contribute to the financing of 50% of the costs referred to in the preceding paragraphs to the corresponding limit value: a) the 12 times the value of 1.1 IAS , in the acquisition of goods; (b)) to the value of 1.1, on the acquisition of periodic payment services. 5. The costs of professional reintegration are calculated based on unit value per hour, to be determined by agreement between the employer or services with expertise in the area of protection against occupational hazards, as in the case of an accident at work or occupational disease, and the competent public service in the area of employment and vocational training. 6. charges made by the employer or by the authorities with competence in the area of protection against occupational hazards, as in the case of an accident at work or occupational disease, are ensured through benefits in kind under the provisions of paragraph h) of paragraph 1 of article 25. 7. Travel expenses, food and accommodation, as referred to in article 98 thereof shall be paid in accordance with the provisions in paragraph 2 of article 122. 8. The burden of the employer referred to in this article, linked to victims of work accidents, fall within the scope of responsibility transferred from the employer to the insurer.

Article 163 .° 1 cooperation agreements. The services with expertise in the area of protection against occupational hazards may conclude cooperation agreements with the competent public service in the area of employment and vocational training and other public or private entities, with a view to professional reintegration of workers affected by occupational disease. 2. The competent public service in the area of employment and vocational training may conclude cooperation agreements with the employer, insurer, or other public or private entities, with a view to professional reintegration victim of an accident at work. 3. Cooperation agreements must contain, inter alia: a) description and intervention purposes; b) typology of actions to be undertaken;

c) technical means, to provide human and financial; d) powers of the entities involved; and). 4. agreements have a maximum duration of two years, with possibility of renewal. 5. The implementation of the agreement is the subject of an annual report, prepared jointly by the entities involved.

Section III guarantee and exercise of functions compatible with the capacity of workers Article 164 .° the competent public service Competencies in the area of employment and vocational training, ensures: the possibility of checking) the employer, the service of which the accident at work occurred or was contracted the disease, ensure the occupation and function compatible with the capacity of the worker in accordance with articles 154 and 155; b) intermediation between the worker, the employer and the employment services and vocational training; c) the routing of situations arising out of the worker's reinstatement in the same or a new job.

Article 165° Procedure 1. The competent public service in the area of employment and vocational training, listen to the services responsible for protection against occupational hazards and to the rehabilitation and integration of people with disabilities, enjoy the situation, developing reasoned opinion, and indicating whether the employer has the possibility to secure occupation and function compatible with the State of the worker. 2. The opinion referred to in the preceding paragraph, evaluates also the possibility of the employer to ensure the professional reintegration process, namely, professional training for adaptation to the workplace, by itself or in cooperation with public or private entities, indicating, where appropriate, public authorities with jurisdiction to intervene. 3. Either the employer wants the employee may indicate an employers ' Association or trade union representative of the sector, as the case may be, to be heard within the scope of paragraph 1. 4. The opinion referred to in paragraph 1 has binding nature, with notice to the employer and to the employee within 30 days after the Declaration referred to in paragraph 1 of article 145.

Chapter V Administrative Responsibility section 1 General rules article 166 general arrangements the general regime provided for in articles 548 to 565 of the labour code applies to offences arising from the infringement of articles referred to in this law.

Article 167 .° Competence for the procedure and application of fines 1. Without prejudice to the provisions of the following paragraph, the procedure of administrative offences provided for in this law, as well as the implementation of their respective fines, the service responsible for supervision of working conditions. 2. The procedure of administrative offences and the application of the corresponding fines compete to Instituto de Seguros de Portugal, in the case of an offence to be an entity subject to its supervision.

Article 168 .° Product of fines 1. The proceeds of fines resulting from violation of the standards of workplace accident reverts in 60% to the coffers of the State and 40% to the Fund for accidents at work. 2. The provisions of article 566.º of the labour code to the product of the other fines imposed.

Article 169° overlapping of responsibilities administrative liability shall be without prejudice to any civil or criminal liability.


Section II administrative offences in particular Article 170 .° 1 work accident. Is very serious infraction the breach of the provisions of article 26 and paragraphs. 1 and 2 of article 78. 2. Constitutes a serious infraction: a) the omission or shortcomings in the Declaration concerning personnel and to compensation for failure to comply with the provisions of article 78; b) Do commit a victim or without declaring this situation, for the purpose of evading the payment of expenditure; c) the practice of acts referred to in articles 13 and 18. 3. Is still serious infraction, article 29, paragraphs 3 and 4 of article 37, paragraph 2 of article 38, paragraph 1 of article 83, in articles 86 to 89° and 176°.

Article 171. Occupational disease Constitutes a serious infraction° failure to comply with the duties set out in article 152, the false statements and to use any other means resulting in undue benefit or grant amount.

Article 172 .° Is serious infraction compatible Occupation violation of paragraph 1 of article 154, paragraph 1 of article 155 and in paragraph 1 of article 157.

Chapter VI final provisions article 173° official uniform policies and Models the entry into force of this law shall not affect the validity of:) claims, interests Templates and previously existing maps; b) uniform Policies previously in force.

Article 174° mandatory Forms 1. The shares, and high exam and other forms referred to in this law, that can be printed by electronic means, comply with the officially approved models. 2. Non-compliance with the provisions of the preceding paragraph is equivalent to the absence of such documents, the court ordering its replacement. 3. The Health Centers refer to the competent social security services certificates of temporary incapacity (CIT), by electronic means, in accordance with the set in Ordinance of government officials responsible for the areas of social security and of health, leaving its delivery to be chargeable to users.

Article 175° Exemptions 1. Is free of fees, charges and rates every document necessary for the compliance with rules relating to accidents at work and occupational diseases, irrespective of their nature and distribution where there is past or should use for its legalization, except as provided in the fee regulation for registries and Notaries. 2. The exemptions included in the preceding paragraph shall not include the Constitution of legal representative.

Article 176° mandatory posting and information 1. The company should fix in their establishments and in a clearly visible place, the provisions of the labour code and of this law concerning the rights and obligations of the victim and of those responsible. 2. The receipts of retribution should identify the insurer for which the risk is transferred to the date of issue.

Article 177° Statistics without prejudice to the arrangements laid down for the statistical information on accidents at work and occupational diseases, the Instituto de Seguros de Portugal may establish specific statistics for the control and supervision of occupational risks.

Article 178 lapse and prescription 1. The right of action concerning performances fixed in this Act expires within one year from the date of the clinical failure high formally notified to or, if the event result death, counting this one. 2. The benefits established by judicial decision or by the service with competence in the area of protection against occupational hazards, prescribe within five years from the date of maturity. 3. The period of limitation comaça not running while the beneficiaries do not have personal knowledge of the fixing of benefits.

Article 179° Count deadlines deadlines set for the standards relating to accidents at work are laid down in the code of Civil procedure and provided for occupational diseases are counted under the code of administrative procedure.

Article 180° cross Standard references of standards contained in legislation to the legislation repealed with the entry into force of this law, shall be deemed to be referred to the corresponding provisions of the labour code and of this law.

Article 181 .° pensioner card the card model for use of service pensioners with competences in the area of protection against occupational hazards is approved by order of the Member of Government responsible for labour and social security.

Article 182 .° Updated unified unified pensions pensions awarded under ministerial order No. 642/83, of June 1, are updated in the diploma to update other pensions of the general social security scheme.

Article 183 independent Workers the rules relating to the compulsory insurance scheme for accidents at work of self-employed workers has own diploma.

Article 184.º autonomous regions in the application of this law to the autonomous regions are taken into account the legal powers granted to the respective agencies and regional services.

Article 185 set Standard Without prejudice to the provisions of the following article, with the entry into force of this Act are hereby repealed the following diplomas: a) Law No. 100/97, of 13 September (law of accidents at work and occupational diseases); b) Decree-Law No. 143/99, of 30 April (Regulation of the accidents at work); c) Decree-Law No. 248/99 of 2 July (Regulation of occupational diseases).

Article 186 Standard of application in time 1. The provisions of chapter II shall apply to accidents occurring after the entry into force of this law. 2. The provisions of chapter III shall apply to occupational diseases whose final diagnosis is later than the entry into force of this law, as well as the change of the degree of incapacity in respect of the occupational disease diagnosed already.

Article 187 § entry into force Without prejudice referred to in previous article, this law shall enter into force on the day January 1 2010.

Members,