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ARTICLE · 13 FEBRUARY 2008

Changes In Social Security Legislation Require Companies To Adapt

Barbosa, Mussnich & Aragao Advogados
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Law no. 11,430, in effect as of December 26, 2006, added new provisions to Law no. 8,213/91. One of the more significant changes made by Law 11,430/2006 is found in article 21-A, which provides that an occupational disease related to business activities can be treated as a work-related accident.

BrazilEmployment and HR
Mario Roballo
Mario Roballo

Law no. 11,430, in effect as of December 26, 2006, added new provisions to Law no. 8,213/91. One of the more significant changes made by Law 11,430/2006 is found in article 21-A, which provides that an occupational disease related to business activities can be treated as a work-related accident. As a result, the causal nexus (or NTEP – Nexo Técnico Epidemiológico Previdenciário – to use the terminology of the social security regulations) between an occupational disease and the employer's activities can now be established by reference to schedules II and V of Decree 3048/99, which link diseases to work activities. In other words, the relationship of cause and effect in occupational diseases is now presumed.

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