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TRF2 Guarantees Accident Assistance After the End of Sick Leave in Case of Partial Thumb Amputation, with Right to Retroactive Payments to the Insured.
A recent decision by the Regional Federal Court of the 2nd Region (TRF2) reinforced an important understanding for INSS insured individuals who suffer permanent sequelae after a leave due to incapacity. Even with the end of sick leave benefits, the worker can maintain pension protection when definitive reduction of work capacity is proven.
In the case analyzed, the court confirmed the right to accident assistance from the day after the end of sick leave, acknowledging that the partial amputation of the thumb left permanent sequelae.
What Motivated the TRF2 Decision
The process involved an insured person who received assistance for temporary incapacity (previously known as sick leave) and, after the cessation of the benefit, remained with irreversible functional limitations. The judicial expertise was decisive for the outcome.
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According to the technical report, the worker suffered partial amputation of the left thumb, with permanent reduction of labor capacity, a condition characterized since 03/15/2012.
Based on these conclusions, the TRF2 denied the appeal presented by the INSS and upheld the favorable ruling for the insured.
When Accident Assistance Becomes Due
The decision set an essential point: accident assistance should be paid from 03/16/2012, that is, the day after the end of sick leave.
This detail is crucial as it prevents gaps in pension protection and ensures financial continuity for the worker who, even when able to partially return to activities, has permanent sequelae.
What is Accident Assistance and When Does It Apply
Accident assistance is an indemnity-type benefit, provided for in Law No. 8,213/1991, granted to the insured who, after the consolidation of injuries resulting from any type of accident, presents a permanent reduction of capacity for usual work.
Unlike sick leave, accident assistance does not require complete leave from work, can be accumulated with salary, and is paid until retirement is granted.
Does Partial Amputation Automatically Grant Rights?
It is not automatic, but it is fully possible, provided that permanent sequelae, reduced labor capacity, and the link between the injury and the functional limitation are demonstrated.
In the case analyzed by the TRF2, the partial amputation of the thumb was deemed sufficient to characterize permanent functional impairment, especially in activities requiring manual dexterity, grip strength, and precision.
Retroactive Payment Recognized
Another relevant point of the decision is the right to receive retroactive amounts. Since the benefit was recognized from 2012, the insured will be entitled to the accumulated installments since the date set by the court, corrected according to legal criteria.
This aspect reinforces the importance of seeking judicial review when the INSS denies or terminates benefits without properly considering the sequelae left by the injury.
Impact of the Decision for Other Insured Individuals
The understanding established by the TRF2 strengthens the jurisprudence that the end of sick leave does not automatically terminate the right to pension protection. Whenever there is permanent sequelae with functional reduction, accident assistance should be analyzed.
The decision serves as a reference for workers who have suffered partial amputations, definitive orthopedic injuries, loss of functional ability in limbs, or permanent reductions in strength or mobility.
A Warning for Those Who Have Had Benefits Terminated
Many insured individuals accept the end of sick leave without knowing that they may have the right to another benefit. The case judged by the TRF2 makes it clear that the analysis does not end with administrative medical discharge, especially when proven sequelae exist.
In similar situations, judicial expertise is often decisive in demonstrating the real extent of residual incapacity.
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