CONCEPTS OF ACCIDENT AT WORK AND OCCUPATIONAL DISEASE AND OBJECTIVE OF THE PROTECTION
Convergent Social Protection Scheme

Note

The labour aspects of the compensation regime of these two occupational risks are regulated by Decree-Law No 503/99, of 20 November, without distinction of the two areas of law – labour and social protection

» Accident at work is that one which occurs at the place and in the work time, it may produce direct or indirectly bodily injury, functional disorder or illness of which results reduction in the capacity for work or of gain or death. It includes the accident occurred in the travel to and from workplace

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

» The right to compensation of damages based on 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 Social Security General Scheme (SSGS) only encompasses occupational diseases

» The social protection in this eventuality aims to compensate damages caused by accident at work or occupational disease, is based on the principle of objective responsibility of the employer at the service of whom the accident has taken place or the illness has been caught. The benefits granted have a compensation character. In the general regime of compensation of these occupational risks, that is additionally applied to public employees who fulfil public functions, the responsibility of the employer entity, in relation to accident at work, is compulsorily transferred to insurance companies, principle that the Convergent Social Protection Scheme (CSPS) excludes, assigning to those entities the direct responsibility for the compensation, save as to situations exceptionally authorized, under the terms provided for in the law. The protection to be ensured aims still to avoid new occurrences though the observance by employer entities, of obligations provided for in this regime in connection with the specific legislation on safety and health at work

» The benefits that materialize the protection aim to guarantee the diagnosis, the re-establishment of the state of the physical and mental health, 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 family in the case of death

» The CSPS covers the two occupational risks that integrate this eventuality, and is applicable, in relation to accidents at work to all public employees in public functions fulfilling functions in Public Administration bodies or services, irrespective of being integrated in this regime of social protection or in the SSGS

» The general regime of accidents at work is to apply to public employees with public employment legal relationship of origin, who fulfil functions in entities which do not integrate the PA institutional scope, the transfer of responsibilities to the insurance companies is compulsory