CONCEPT OF OCCUPATIONAL DISEASE AND OBJECTIVE OF THE PROTECTION
Social Security General Scheme (SSGS)

Note

The SSGS only covers occupational diseases, and is applied to public employees therein framed, in relation to accidents at work, the respective system in force in the Convergent Social Protection System

The SSGS only covers occupational diseases. To public employees therein framed is applied the system in force in the Convergent Social Protection System regarding accidents at work

» Occupational disease is a bodily injury, functional disorder or sickness that is a necessary and direct consequence of the activity fulfilled by the public employee and does not represent normal wearing of the organism. The occupational diseases are those which are set out in the respective list, published in the Official Gazette, and those which are not therein included but are qualified as such

» The right to compensate the damages arising from accidents at work and occupational diseases is integrated in the right to social security established in the article 63 of the Constitution of the Portuguese Republic, and is also a right of public employees set out in the article 59. The Social Security Basic law includes this eventuality in the material scope of its Welfare System, while the SSGS only integrates occupational diseases

» The social protection in this eventuality aims to compensate damages based on the occupational disease, relying on the method of social responsibility, for transfer of the responsibility from the employer entity to the SSGS, for which only that entity pays contributions. The benefits granted are of a compensatory nature

» The benefits that materialize the protection aim to ensure the diagnosis, the re-establishment of the physical or mental health state, the recovery for the active life and the re-establishment of the capacity for work or of gain and compensate the beneficiaries of temporary or permanent damages and the respective family in the case of death

» The protection still aims to avoid further occurrences through the compliance with, by employer entities, of obligations provided for in this system in connection with specific legislation on security and health at work

» Benefits that materialize protection

Benefits in kind

» of a medical, surgery, nursing, hospital, drug (medication) nature, thermal treatments, physiotherapy, prostheses and orthotics and other forms necessary and appropriate to the diagnosis or to the re-establishment of the physical or mental health state and capacity for work or of gain of the sick person and to his/her recovery for the active life

» transport and stay

» professional reintegration, appropriate to situations of temporary disablement for the work and permanent disablement

Benefits in cash

» compensation for absolute temporary disablement (absences) or partial for the work (allowance substitutive of the lost income)

» allowance for assistance to a third person

» compensation, in a lump payment or lifetime pension, in the case of permanent, total or partial disablement

» allowance for re-adaptation of housing

» allowance for situations of high permanent disablement

» in the case of death:

- Payment of funeral expenses

- Death allowance

- Pension to members of the family

» Conditions for granting benefitss

» The right to compensation is verified provided that, cumulatively, the public employee is affected by an occupational disease and has been exposed to the respective risk due to the nature of the activity or conditions, environment and usual work techniques. The observance of any guarantee term is not required

» The qualification of occupational disease depends upon confirmation of the causal link between its occurrence and the performance of work that falls upon the National Centre for the Protection Against Occupational Risks. The presumptive diagnosis must be confirmed by any physician that closely follows the sick public employee who is obliged to inform the referred Centre

» The sick person, or someone on his/her behalf, must request from the National Centre for the Protection Against Occupational Risks the diagnosis and characterization of the sickness as occupational disease, as well as the application of the respective social protection system, through specific form. He/she shall also inform on the sickness to the employer entity in charge

» The Grant of compensation (allowance) for absolute temporary disablement or parcial temporary disablement compensates, for a limited period of time, the loss or reduction of the compensation for the non-performance of work or performance with reduced capacity

» The compensations for permanent disablement are granted under the form of pension and are of a lifetime nature, maybe converted in a lump payment, with a single pay

» The allowance for re-adaptation of housing and the allowance for situations of high disablement are granted in situations concretely confirmed and with higher degree of disablement

» In the case of death directly resulting from occupational disease, irrespective of the moment in which it is verified, funeral expenses are paid, within the limits set by law, and a death allowance is granted and pension to right holders members of the family

» Pensions are annually paid in 14 monthly instalments