Entraves institucionais para concessão de auxilio doença acidentario da previdencia social no municipio de Indaiatuba / The institucional hindrances in the path to obtain the concession of the Brazilian National Social Security s accident-compensation, in the Municipality of Indaiatuba

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

Law nº 8213/91, in article 20, defines occupational disease as the disease acquired or unleashed by the special conditions in which work is done and has a direct relation to it. Once the causal relationship is confirmed, the worker receives compensation from the Brazilian National Social Security System for working disability, which is called accident-compensation. The technical nexus that establishes work-relatedness for compensation lies in the legal sphere of the expert medical board of the National Insurance and Social Security Institute 1(INSS). In order to obtain the recognition of the causal relationship, which assures some rights to the insured worker, it is necessary to file a claim at the INSS to change the type of compensation (from social security illness-compensation to accident-compensation). The aim of this study is to identify the institutional hindrances (medicolegal roadblocks) in the path to obtain the concession of illness compensation from the Social Security System. The investigation was carried out at the Social Security Agency in the town of Indaiatuba, state of São Paulo, Brazil. It is a descriptive study with 148 cases analyzed for this purpose in the period between 1995 and 2004, in a listing dated November 8th, 2004. The source of data used in this study was derived from CATs2 pertaining to claims filed to change benefits from illness-compensation to accident-compensation and subsequent interviews with the claimants, with employees at the Social Security Agency and union representatives of five entities with headquarters in town. The study reached the conclusion that machine operators, mean age 37, with musculoskeletal disorders, were the most frequent claimants. The proportion between genders, however, was homogeneous. Establishing the relation between work and illnesses was difficult due to technical and policy-administrative problems, as pointed out by the employees at the Agency. Union representatives and claimants referred that the greatest difficulty lied in the evaluations and conclusions of the expert medical board at the INSS for these claims.There were even opposing reports between clinicians working for SUS(the public medical care system)or for private health-insurers and the medical experts at the INSS

ASSUNTO(S)

work capacity evaluation acidentes do trabalho - legislação - brasil seguro-invalidez indenização por acidentes - legislação - brasil previdencia social saude e trabalho work and health disability insurance occupational accidents occupational diseases legislation avaliação da capacidade de trabalho social security occupational health saude do trabalhador

ACESSO AO ARTIGO

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