Employment, Social Affairs & Inclusion

Portugal - Occupational disease

In what situation can I claim?

This benefit is granted to:

  • Salaried employees, with the exception of public administration employees;
  • Self-employed workers (self-employed persons using the «recibos verdes» scheme or entrepreneurs operating on their own behalf) who contribute to social security; domestic workers providing that they are registered as salaried workers;
  • Persons registered for voluntary social insurance, if they have contributed 0.5% for occupational health.

What conditions do I need to meet?

  • being affected by an occupational disease;
  • having been exposed to a risk factor causing the disease in question (due to the nature of one’s work, working conditions or techniques applied during one’s regular work).

Benefits for occupational disease are granted without conditions for attribution (no minimal duration of affiliation).

What am I entitled to and how can I claim?

Situation

Payment

Absolute temporary incapacity

70% of the reference income for the first 12 months. 75% of the reference income subsequently.

Partial temporary incapacity

70% of the amount corresponding to the estimated lost income.

The beneficiaries also are entitled to protection in the case of permanent incapacity:

  • absolute incapacity for any work: annual lifetime pension corresponding to 80% of income, plus 10% of the amount for each dependent, up to 100% of said income;
  • absolute incapacity for regular work: annual lifetime pension between 50 and 70% of income depending on the remaining ability to exercise another compatible occupation;
  • partial incapacity: annual lifetime pension corresponding to 70% of the estimated lost remuneration or capital for the repurchase of the pension in certain specific cases.

And in case of death of the beneficiary, the protection will be granted to:

  • the surviving spouse or partner;
  • ex-spouse or spouse who was legally separated on the date of death of the victim and who was entitled to alimony;
  • children, including those to be born and adopted children: according to the determined levels of age and schooling; and without an age limit for those affected by a physical or mental disease preventing them from working;
  • ascendant relatives for whom the victim is responsible and other relatives who lived in the household of the victim at the time of his or her death

In addition, other benefits are provided in the case of disability, in particular for adapting living accommodations.

Note: the reference income is never less than the Indexing Reference of Social Support (IAS).

The amount of the IAS is currently 428.90 EUR, which means that the reference income may never be less than this amount.

Duration of payment of benefits

In the event of absolute temporary incapacity, the payment of the benefit begins on the first day of cessation of work as prescribed by the doctor from the National Health Service up to:

  • recovery;
  • the declaration of permanent incapacity (payment of a pension);
  • The end of the duration (normally the allowance ceases after 18 months, or if the incapacity becomes permanent, but it can be extended up to 30 months if the doctor believes that there is a possibility of recovery).

In case of temporary partial incapacity, the payment of the benefit begins on the date indicated by the DPRP doctor and ceases on his or her order.

Jargon busters

  • IAS: Indexing Reference of Social Support.
  • CIT (certificate of temporary disability): this is the document issued by a National Health Service doctor certifying the existence of an occupational disease, which has to be sent to the Social Security Institute to claim entitlement to sickness benefits.
  • CDSS (Centro Distrital de Segurança Social) [District Social Security Centre]: the body that, in conjunction with the DPRP, pays the benefits for Temporary Total Incapacity [incapacidade temporária absoluta (ITA)].
  • DPRP (Department for Protection Against Occupational Risks]: the body that pays the benefits for Temporary Partial Incapacity [incapacidade temporária parcial (ITP)].
  • Clinical cure: when a patient is cured through treatment (for example: surgery).
  • Occupational Disease: a disease found on the List of Occupational Diseases and which affects a worker who, due to the nature of his or her occupation, working conditions or the techniques employed in his or her regular work, has been exposed to risk factors which are also indicated on the List. A bodily injury, a functional disorder or a disease not included on the List may also be deemed an occupational disease, provided that it is proven to be a necessary and direct consequence of the worker's occupation.

Forms you may need to fill in

  • GDP 15 - DGSS: Questionário sobre atividade profissional [Questionnaire on occupation].
  • GDP 13 - DGSS: Obligatory participation / clinical opinion
  • 141-10 CIT: Certificado de Incapacidade Temporária para o Trabalho por Doença (baixa) [Certificate of Temporary Incapacity for Work Due to Illness (medical leave)].
  • GDP 12 – DGSS: Pensão por incapacidade permanente para o trabalho requerimento [Pension application due to permanent incapacity in case of occupational disease]

These forms can be found on the Social Security web site

  • DA1/ E 123 (or equivalent) : this document proves that the holder receives benefits from a foreign social security system for an accident at work or for an occupational disease, and that he or she is entitled to benefits in kind (including reimbursement of expenses) at the expense of the competent country.
  • A1/E 101 (or equivalent): this document proves that the holder is covered by another country's social security system (workers posted abroad).

If you do not have these forms with you, the DPRP can request them from the competent country's social security authority.

Know your rights

The links below allow you to consult your entitlements in accordance Portuguese law. They are not European Commission links, nor do they represent the Commission's position:

Who do you need to contact?

You can obtain further information on social protection during disability through one of the following:

Social security line: 300 502 502

Monday to Friday from 9:00 am to 5:00 pm.

From abroad: +351 300 502 502

Social Security website: www.seg-social.pt . Consult Segurança Social Direta [Social Security Direct].

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