I am back at work and earning more: can my work-accident pension be cut?

A pay rise alone is not grounds for cutting the pension

Article 51(1) of Portuguese Law 98/2009 provides that a permanent-incapacity pension cannot be suspended or reduced even when the injured worker earns more than before the accident. The express exception concerns a change resulting from a pension review.

Clara asks Tiago to look beyond the total money arriving in his account before and after the pay rise. The question is not whether his combined income is now higher, but what grounds are being invoked to change that pension. His new payslip should not be treated as a pension-review decision.

Sources: Diário da República — Law 98/2009, articles 3, 48, 51(1) and 70; consolidated text, amended 7 November 2024; read 2 November 2026 ↗

First establish that it is a permanent-incapacity pension

Payments following an accident do not all have the same nature. As a documentary example, article 3(4) of MAPFRE AT Conta de Outrem wording, code 15020220800, separately lists temporary-incapacity compensation, a provisional pension and a lump sum or pension for permanent incapacity. This helps identify the payment category; it neither decides Tiago’s claim nor recommends that policy.

This guide concerns a permanent-incapacity pension under Law 98/2009 for employees. It does not extend the answer to temporary-incapacity compensation, occupational disease or a special public-service accident regime. If the document uses another description or the applicable regime is unclear, establish that before applying the rule. Also check the accident date and the regime applicable to it.

Sources: Diário da República — Law 98/2009, articles 3, 48, 51(1) and 70; consolidated text, amended 7 November 2024; read 2 November 2026 ↗ · MAPFRE — AT Conta de Outrem, wording 15020220800, article 3(4), pp. 7–8; PDF linked by current product page, read 2 November 2026 ↗

The review exception still matters

Article 70 allows a benefit to be changed or ended when working or earning capacity changes for the reasons it specifies, such as deterioration, relapse or improvement in the injury. Protection against a cut because of higher pay therefore does not make the pension unchangeable. A review should be identified as such, with the change assessed and the outcome applicable to the case.

In the fictional conversation, Tiago separates three documents: the payslip showing his new earnings, the decision setting his pension and any communication about a review. Clara does not conclude that working proves clinical recovery or that a pay rise prevents every review. If a decision changes the benefit, that decision and its grounds need examination.

Sources: Diário da República — Law 98/2009, articles 3, 48, 51(1) and 70; consolidated text, amended 7 November 2024; read 2 November 2026 ↗

If you receive notice of a reduction, ask for its specific grounds

Identify the benefit affected, the stated effective date and whether the explanation invokes a review or only current earnings. Keep the complete communication and ask how the explanation relates to the existing decision. Do not assume that a complaint suspends effects or time limits; obtain timely legal support if you need to challenge the change.

To organise a question about an accident that has already occurred, use RMACHADO’s Support and claims route and the case’s private channel. To explore future protection for a team or activity, select Occupational Accidents in Request a quote. A new proposal does not change an earlier pension. Tiago finishes with questions to clarify, without Clara assigning an amount or deciding individual entitlement.