Accidents at work stand out as events that can disrupt not only the physical and mental health of workers, but also the operational dynamics of companies.
As injured workers strive to recover, a crucial and challenging stage arises: returning to work after an accident.
He had an accident at work.
You’ve been discharged and are “cured without devaluation”.
What does that mean?
This means that you have been completely cured of your injuries and that they have left no permanent sequelae.
In this case, the injured party will not be entitled to any kind of compensation for any disability.
They may, however, be entitled to wage losses and any non-pecuniary damage.
When this happens, it is recommended that you seek a second opinion.
Of course, you should only do this if you experience difficulties that you didn’t have before in carrying out personal and/or professional tasks.
He had an accident at work.
You’ve been discharged and are “cured with devaluation”.
What does that mean?
The final indication of “cured with impairment” means that the injured person has achieved consolidation of their sequelae, but is still permanently affected with partial incapacity.
In this case, the claimant is entitled to compensation for past, present and future property damage, biological damage, non-patrimonial damage and loss of income.
Temporary incapacity for work is attributed whenever the accident results in functional limitations that totally or partially prevent the performance of professional tasks.
Temporary incapacity can be ABSOLUTE (ITA) in which the injured person does not work at all, or PARTIAL (ITP), in which the injured person works partially with a temporary limitation.
In this case, the Occupational Medicine opinion will always be CONDITIONED FITNESS with the need for reassessment in the short term.
It is important to find solutions in these cases to place the worker in a job that is compatible with their limitation.
The incapacity becomes Permanent Partial (PPI) if the accident results in sequelae that permanently affect the claimant’s ability to work.
In this case, the supervision of occupational medicine is essential and the opinion will always be CONDITIONED APTITUDE, as definitive sequelae and injuries with implications for the claimant’s life have been recognized.
It is up to Occupational Medicine, together with the Human Resources and Occupational Safety teams, to find a job that is compatible with the injured person’s situation.
If this is not possible, as well as in cases of Absolute Permanent Incapacity (IPA), 2 alternatives should be considered:
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The recourse to the determination of an IPATH (Permanent and Absolute Incapacity for Habitual Work), in the Labor Court;
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There is very little use of early retirement procedures in the Social Security system.
In all these events, it is essential that the employer provides all the documentation relating to the event.
The following information is essential: description of the accident + exact times of Temporary and Absolute Incapacity and Temporary Partial Incapacity + final decisions of discharge without devaluation or discharge with Permanent Partial Incapacity, both at the CGA/Public Service and at the Labor Court.
Read also: Occupational Medicine Braga: frequently asked questions
