The Ombudsman defended this Monday that it was urgent to update the calculation of compensation granted to workers who are victims of a work accident or occupational disease, arguing that it should reflect life expectancy and current interest rates.
In a recommendation addressed to the Minister of Labor and Social Welfare, Rosário Palma Ramalho, released this Monday in a statement, Maria Lúcia Amaral states that “these two indicators, which are part of determining the amount to be paid, are largely outdated, creating disadvantageous situations for workers and undue benefits for paying entities.”
According to Maria Lúcia Amaral, “the lack of updating provided for a long time in the Work Accident Law (Law No. 98/2009, of September 4) has generated several complaints” that point, in essence, to “the serious Expiry ” of the calculation criteria.
Currently, the calculation of capital compensation is still based on Ordinance No. 11/2000, of January 13, legislation that is more than 24 years old, which uses demographic data from the period 1988-1990, which considers, for example, a average life expectancy. at 65 years of age 13.07 years, about six years below the current average.
“In addition, an interest rate of 5.25% is assumed, much higher than that practiced, which translates into estimated profitability gains that do not correspond to reality. Furthermore, in several situations, beneficiaries do not even have the possibility of rejecting this conversion of their pension into a single capital payment, since it is legally mandatory,” he highlights.
Recalling that this situation arises from a legislative omission already reported to Parliament, the Ombudsman reinforces the need to “adopt current and adapted criteria, subject to continuous updating, to guarantee respect for the rights of workers or their families, in case of death, to fair compensation.”
Source: Observadora
