Accident Benefit (Auxílio-Acidente): Who Is Entitled When an Injury Leaves a Lasting Impairment That Reduces Your Ability to Work

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

The auxílio-acidente is a compensatory benefit paid by INSS to insured workers who, after an accident of any kind, are left with a permanent impairment that reduces their ability to work but does not prevent them from returning to their activity.

What the auxílio-acidente is and who is entitled to it

The auxílio-acidente (accident benefit) is a social security benefit with a compensatory nature. It is identified by code B94 and provided for in Article 86 of Law 8.213/91. It is granted to insured workers who suffer an accident of any kind and, once their injuries have stabilized, are left with a permanent impairment that reduces their ability to perform the work they habitually did.

Because the benefit is compensatory, it does not replace the worker’s salary. Its purpose is to make up for the partial, permanent loss of working capacity, even if the insured person keeps the same occupation or moves to a role adapted to their new limitations. It is, in other words, compensation for a lasting reduction in productivity, not a substitute for monthly income.

The following insured workers are entitled to the auxílio-acidente: employees, casual (avulso) workers, special insured persons (segurados especiais, such as small-scale rural workers), and domestic employees, the latter since Complementary Law 150/2015. Self-employed contributors (contribuintes individuais) and optional contributors (segurados facultativos) are not covered. There is no minimum contribution period, meaning the benefit can be granted regardless of how many contributions have been paid, as Article 26, item I, of the same law provides.

Auxílio-acidente vs. auxílio-doença

Many people confuse the two, but the auxílio-acidente and the auxílio-doença (sickness benefit) address quite different situations. The auxílio-doença, now called the temporary disability benefit (B31), is paid while the insured person cannot work and needs time to recover from the injury or illness that kept them away from their job.

The auxílio-acidente, by contrast, comes into play after that recovery period, once the medical examination finds that the injuries have stabilized but left a permanent impairment. As a rule, payment is due starting the day after the temporary disability benefit ends, marking the shift from the period of leave to the period of living with the limitation.

This distinction explains why the purposes and amounts of the two benefits do not overlap. One covers a total but temporary absence of income, while the other compensates for a lasting reduction in productive capacity. Understanding the difference helps you avoid mistaken claims and identify exactly which protection your situation calls for.

Because the benefit is compensatory, it does not replace the worker’s salary.

Benefit amount, combining it with other income, and the role of causation

The auxílio-acidente equals 50% of the insured person’s benefit base salary (salário de benefício), which is calculated from the average of their contributions. It is paid monthly and stays with the worker until retirement or death, at which point it ends, as paragraph 1 of Article 86 of Law 8.213/91 provides.

One point that raises many questions is whether the benefit can be combined with other income. You can receive the auxílio-acidente together with your pay from work, precisely because it does not prevent a return to work. On the other hand, it cannot be combined with any retirement benefit, since both are social security benefits and the law prohibits receiving them at the same time. In practice, once you retire, you stop receiving the auxílio-acidente.

To be granted the benefit, you must show a link between the impairment and the actual reduction in your ability to work. Without that cause-and-effect relationship properly demonstrated, INSS tends to deny the claim. For that reason, detailed medical records and the expert medical report are decisive, a subject that connects to other social security disability benefits.

Frequently Asked Questions

What minimum contribution period is required for the auxílio-acidente?

The auxílio-acidente has no minimum contribution requirement. This means you may be entitled to the benefit regardless of how many contributions you have paid, as long as you still held insured status at the time of the accident. The rule appears in Article 26, item I, of Law 8.213/91, which expressly waives the minimum number of contributions for this type of compensatory protection.

Can I work while receiving the auxílio-acidente?

Yes. Because the auxílio-acidente is compensatory and does not replace income, you can keep working as usual while receiving the monthly payment. The benefit compensates for the partial, permanent loss of capacity, even if you stay in the same occupation or move to a role adapted to your limitations. Being able to receive it alongside your salary is one of the features that sets this benefit apart from the others.

When does the auxílio-acidente stop being paid?

The auxílio-acidente stops when the insured person retires or dies. There is no fixed duration, because the benefit stays with the worker for as long as the relationship with the social security system lasts. Keep in mind that it cannot be combined with any retirement benefit, and it ends the moment the insured person starts receiving one.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.