INCAPACIDADE TEMPORÁRIA: A CARACTERIZAÇÃO DA COVID-19 COMO DOENÇA OCUPACIONAL

Abstract

The present study aims to analyze the framework of SARS-CoV-2 - a pandemic caused by COVID-19 in Brazil - characterizing it as an occupational disease, and the possibility of the patient apply for the temporary disability benefit from the Instituto Nacional do Seguro Social - INSS . In this sense, the study traverse, preliminarily, the concept of temporary disability, presenting the requirements provided for in the specific legislation, so the laborer can apply for the benefit with the social security agency. Afterwards, the risk caused by COVID-19 to the Brazilian worker versus the need for work for survival will be analyzed. Consequently, the pandemic that has plagued Brazil is addressed, as well as discussing the possible characterization of such as an occupational disease, in a way that allows the worker to be infected by the virus to apply for the temporary disability benefit before the autarchy, being granted to the insured. To this end, it will be used as a deductive research method, in a bibliographic way, based on the Brazilian legal system and on researchers who address the theme. Finally, it is believed that there is a need to grant the temporary disability benefit to workers who apply for it because they have been infected with the COVID-19 virus, since it can be considered an occupational disease, having been acquired in the work environment. , the result of their livelihood, with no other alternative left for the worker other than facing the risk of contagion of the virus to carry out their work.