Occupational Accidents

No, all workers with a public employment contract are covered by the legal regime for accidents at work and occupational diseases occurring in the service of public employers and by the protection provided therein. This is because public administration services and organisations cannot, in principle, transfer the responsibility for remedying occupational accidents suffered by these workers to insurance companies.

Note: Articles 1 and 45(1) of Decree Law 503/99.

The legal regime for accidents at work and occupational diseases arising in the service of public employers is laid down in Decree Law No. 503/99 of 20 November 1999.

Decree-Law No. 503/99 of 20 November 1999 applies to all workers exercising public functions in the services of the direct or indirect administration of the State, either by virtue of a public appointment or a public employment contract.

Thus, any UC public employee who suffers an accident at work or occupational disease (excluding natural diseases) that is a clear and direct consequence of the activity performed and does not result from natural physical deterioration, is automatically covered by this legal protection.

Note: Article 1 of Decree-Law 503/99.

An accident at work is an incident that occurs during the course of work performed by public administration employees. Specifically, it is an incident that happens at the workplace and during work hours, resulting directly or indirectly in bodily injury, impairment, illness leading to reduced ability to work or earn income, or death. This includes accidents that occur while commuting to and from work.

An accident at work may also encompass dangerous incidents or occurrences resulting in bodily injury, functional disorder, or illness, provided a causal link is established.

Note: Articles 3(1)(b) and 7(1) and (4) of Decree-Law 503/99, in conjunction with Articles 8 and 9 of Law 98/2009 (applicable to workers in the public sector, pursuant to Articles 3(1)(a) and 7(1) of Decree-Law 503/99).

Yes, accidents occurring on the way to or from work may be considered as work-related accidents, provided that the accident happens on the routes and during the time typically spent by the worker, i.e., between their usual or occasional residence and the workplace premises.

In such cases, the investigation process will assess whether the conditions for classifying the accident as a work-related accident are met.

Note: Article 7(1) of Legislative Decree 503/99 and Article 9(1)(a) and (2)(b) of Law 98/2009.

No, you do not. The legal regime for protecting public service employees covers all situations related to accidents at work and occupational diseases that may occur in performing public duties. This includes situations arising during public service travel, whether within the national territory or abroad, provided they are duly authorised.

Note: Article 7(1) of Decree-Law 503/99 and Article 9(1)(a) and (2)(c) of Law 98/2009

Upon occurrence of an accident at work, the affected employee must promptly report it, either personally or through a third party, within two working days. This report is preferably made by completing Annex I (Reporting and Classification of Work Accidents). Additionally, if medical treatment has been received, Annex II (Medical Follow-up Form) should be submitted to the line manager, unless the manager witnessed the accident.

In cases where the injured worker's condition or other substantiated circumstances prevent compliance within the two-day limit, the deadline starts from the cessation of the impediment.

Note: Article 8, paragraphs 1 to 3, of Legislative Decree 503/99.

The following information must be provided:

a) Identification of the injured employee's service/department

b) Identification of the injured employee;

c) Description of the accident, including the date and time, location, details of the incident, and identification of witnesses, if any;

d) Legible signature of the injured worker or the declarant;

e) Date and signature of the supervisor.

In this case, the injured employee must submit Annex II (Medical Care Record),to be completed by the attending physician or medical board. This record should contain a full medical history up to the date of discharge.

Note: Article 12 of Decree-Law 503/99.

In this case, the supervisor can fill in and/or sign Annex I, and the procedure must be followed as indicated in the answer to the following question.

Note: Articles 8 and 9 of Decree-Law 503/99

The hierarchical superior must initiate the procedure for classifying an accident by reporting the incident to the head of the OU, UECAF, or service within one working day of becoming aware of the accident or of the day on which it occurred if witnessed by them. Additionally, Annexes I and II must be sent to the Occupational Health and Safety Management Services - Social Services of the University of Coimbra, for investigation.

Note: Article 9, paragraphs 1 and 4, and Article 8, final paragraph, of Decree-Law 503/99

An accident at work is classified or dismissed by the top manager or the person delegated for this purpose, based on the information contained in the accident report (Annex I) and the final decision of the investigation by the UC Occupational Health and Safety Management Services, provided that all legal requirements have been met.

The accident must be classified or dismissed within a maximum of 30 consecutive days from the date of knowledge of its occurrence. However, this period may be extended in exceptional and duly justified cases.

Note: Article 7(7) and (8) of Decree-Law 503/99.

In such cases, the injured worker must justify his absence from work due to an accident at work by submitting the following documents within five working days of the first day of absence

a) A certificate issued by the attending doctor or health centre, if treatment has been received that does not result in incapacity for more than three days;

b) a medical report.

If the worker's condition or other duly substantiated circumstances prevent compliance with this period, it shall be calculated from the date the incapacity ceases.

Note: Article 19(2) and (3) of Decree-Law 503/99.

No, you will not lose your right to pay for this period of absence. As long as the accident is classified as an accident at work and the conditions for justification explained in the previous question are met, absences from work due to absolute incapacity resulting from an accident are considered as actual performance of duties. Consequently, no rights or benefits are lost, including seniority deductions for any purpose, and payment of remuneration is maintained, including permanent supplements and meal allowances.

Note: Articles 15 and 19(1) of Decree-Law 503/99.

Yes, absences from work for medical examinations are justified as long as they were taken up to the date of the classification decision. Absences, duly proven to have occurred up to the date of the accident's classification as an accident at work, i.e., for undergoing the tests required for such classification, are considered accidents at work and are therefore justified.

Note: Article 19(5) of Decree-Law 503/99.

No, you do not. In situations where absence from work due to an accident at work, which has already been duly qualified, exceeds 90 consecutive days, UC encourages the referral of the employee for examination by the ADSE Medical Board. This board has the authority to justify subsequent absences.

If the Board determines that the employee maintains the status of temporary incapacity for work, absences from work will be considered justified by the Board, with no further documentation needed.

Note: Article 19(4) of Decree-Law 503/99.

Yes, absence from work for medical examinations or treatment related to an injury sustained from an accident at work will be considered justified, without the need for further proof of attendance.

The following absences will be deemed due to an accident at work and considered as effective performance of duties: absences for examinations to qualify the accident, for treatment, and the maintenance, replacement, or repair of prostheses and orthoses, provided they are duly substantiated. Additionally, absences up to the date of qualification of the accident or between the request and the recognition of the recurrence, aggravation, or relapse will also be considered justified.

Note: Article 19(1) and (5) of Decree-Law 503/99.

No. If you have a temporary partial incapacity as a result of an accident, you are not exempt from attending work but are restricted to performing duties compatible with your incapacity.

In such situations, you must be monitored by the health and safety management services so that your duties can be adapted accordingly.

Note: Article 3(1)(i) of Decree Law 503/99.

Since the employee is absent from work for reasons unrelated to the accident situation, this temporary incapacity certificate is treated as a regular sick leave situation with salary deductions. However, the employee retains the accident at work status and can continue to claim expenses related to the accident until the date of discharge.

The employee should be discharged when he/she is considered clinically recovered or when the injuries are deemed incurable with appropriate treatment. The attending physician or, where appropriate, the ADSE medical board will discharge the employee according to the Medical Care Report (Appendix II). The employee must return to work on the first working day thereafter unless it is recognised that he/she is permanently fully incapable of performing his/her usual work or any other work. In such cases, all absences up to the convening of the CGA medical board shall be considered justified.

Note: Article 20(1) of Decree-Law 503/99.

If, after being discharged, you feel that you are not physically able to return to work, you should immediately request UC to refer you to the ADSE Medical Board. This board must be convened within a maximum of 15 working days, and any absences taken until the medical board is held will be considered justified.

The medical board will assess your fitness to return to work. If you are deemed unfit, the board will indicate the date of the next medical assessment. You will be notified of this decision in person on the day of the hearing, and UC will also be informed within two working days.

Note: Article 20(2) and (3) of Decree-Law 503/99.

Only the expenses expressly provided for by Decree-Law No. 503/99 can be reimbursed by the UC, as the entity in which the accident occurred.

The right to compensation includes:

a) Medical, surgical, nursing, hospital, pharmaceutical, or any other type of care, including spa treatments, physical therapy, and the provision of prostheses and orthoses, deemed necessary and appropriate by the attending physician for the diagnosis or recovery of the injured party's physical or mental health, ability to work, and return to active life;

b) Transport and accommodation, particularly for observation, treatment, attendance at medical committees, or legal proceedings;

c) Adjustment, reclassification, and occupational reassignment.

Note: Articles 4 and 5 of Decree-Law 503/99.

Wherever possible, medical assistance should be provided in official health facilities or services (i.e. public services and National Health Service facilities), taking into account the nature of the injuries and the proximity of the injured person's home.
At the option of the injured worker, medical care may be provided by a private health facility that is not part of the National Health Service. However, in such cases, the worker is only entitled to reimbursement of the amount that would have been spent in a National Health Service establishment, in accordance with the applicable price table.

Note: Article 11(1), (4) and (11) of Decree-Law 503/99.

In order to be reimbursed, the employee must submit to the OU/UECAF/service to which he/she is assigned the documents justifying the expenses incurred (as specified in question 23) for the treatment of injuries, illnesses, or physical disorders resulting from the accident. The OU/UECAF/Department will then send the documents to the Human Resources Management Service (SGRH) for validation and reimbursement.
The medical prescriptions and the documents justifying the expenses (invoices) must state that the accident is an occupational accident. In other words, when prescribing a particular medicine, treatment or examination, the health service assisting the employee must expressly state in the prescription that the need for this health care is due to the occupational accident suffered by the employee.
The explicit reference to the situation of an occupational accident is a condition for the reimbursement of the expenses submitted, since otherwise the service validating and reimbursing the expenses will not be able to certify that they are related to the accident suffered.
Once the documentation has been validated, the reimbursement is included in the monthly payroll.

No. The legislation in force allows only two forms of compensation for expenses incurred as a result of an accident at work, namely
a) Health care institutions that are part of the official health care system (i.e. part of the SNS) and that provide assistance to workers submit invoices for expenses directly to the employer, who is responsible for paying them;
b) all other expenses must be paid by the injured worker and then, after validation, reimbursed by the employer.

Note: Art. 6, no. 4 of Decree-Law No. 503/99.

No, medical expenses resulting from an accident at work are not covered by the ADSE benefit scheme and therefore cannot be supported or reimbursed by ADSE.

Expenses should only be submitted to UC, the employer in whose service the accident occurred, and as such the only entity responsible for compensating the damage suffered.

If the employee seeks treatment at a private medical facility with the consent of ADSE, he/she must inform of the occupational accident, and should not submit the invoice or request reimbursement from ADSE.

If the injured worker uses the services of the ADSE for medical expenses resulting from an accident at work, it is the UC's responsibility to determine the amount wrongly borne by the ADSE and to reimburse it.

Note: Article 6(5) of Decree-Law 503/99.

If the employee uses a private health center and also utilizes ADSE services, UC will follow this procedure:

1. Check the current National Health Service (SNS) price table for the procedure (examination/treatment/consultation) undergone by the employee.
2. Request the amount reimbursed by ADSE and reimburse ADSE accordingly.
3. If the price in the NHS table is higher than the amount reimbursed by ADSE, reimburse the employee the difference between the amount reimbursed and the price of the procedure in the NHS table. If the amount reimbursed by ADSE is higher than the price of the procedure in the SNS table, no amount will be reimbursed to the employee as the reimbursable amount will be used in full to reimburse ADSE.

In summary, the employee will be reimbursed if the amount to be reimbursed to ADSE is less than the value of the SNS price table, always by the difference between the amount reimbursed and the price of the SNS table.

Note: Article 6, paragraph 5 of Decree-Law No. 503/99."

Yes, it is possible to ensure the repair or replacement of the employee's existing spectacles if it can be shown that they have been rendered useless or damaged as a result of the accident.
The right to the supply or repair of prostheses and orthoses also covers those intended to correct sight, hearing or orthopaedic problems, as well as dental and aesthetic prostheses, where justified, which the worker already had.
However, the purchase, renewal or replacement of the equipment referred to in the previous paragraph shall be subject to a reasoned medical prescription.
The cost of the purchase, maintenance, repair or replacement (by reimbursement) of the aforementioned equipment shall be borne by the UC, except in cases of manifest negligence in their use.

Note: Article 13, paragraphs 1 to 4 of Decree-Law 503/99.

No, the UC can only reimburse the legal expenses, as described in the answer to question 23.

Yes. After receiving first aid, if you require medical assistance, observation, treatment, or need to attend medical committees or court proceedings, transportation may be provided or paid for by the employer, depending on your health condition. The least expensive option should be chosen.

Note: Article 14 of Decree-Law 503/99.

The situation of relapse, recurrence or aggravation can be requested by the worker up to 10 years after the date of dismissal.

Note: Article 24(1) of Decree-Law 503/99.

If you believe that you are experiencing a relapse, recurrence, or aggravation, you must submit a request to UC, free of charge, for submission to the ADSE Medical Board. This request should be duly instructed, accompanied by a medical opinion stating and confirming the relapse, recurrence, or aggravation.

Once the period referred to in the previous question has elapsed, you will be referred to the ADSE Medical Board.

If the ADSE Medical Board recognizes the situation of relapse, recurrence, or aggravation, the case will be reopened, following the same procedure as for an accident. This entitles you to compensation and reimbursement of expenses.