THE ESSENTIALS
Before you start
- A capacity change may support review under the legal rules.
- Review can change or end a benefit; it does not always mean an increase.
- The injured worker or party responsible for payment may request review.
What Article 70 provides
Article 70 of Law 98/2009 allows a benefit to change or end following altered working or earning capacity due to worsening, relapse, improvement and other specified causes. The injured worker or party responsible for payment may request review once in each calendar year.
The question should identify what changed
Clara suggests separating the earlier decision, new evidence and the connection with the accident requiring clarification. Nuno does not treat every new diagnosis as proof that the compensated injury has worsened. He identifies what is documented and what needs assessment.
To prepare, gather the process references, benefit decision and evidence supporting the alleged change. Clinical documents belong within the appropriate confidential channel, restricted to people with a role in the process. An employer need not disclose health details in a workplace conversation.
Request, assessment and outcome are different stages
Submitting new information does not establish a revised decision. Ask about the procedure applicable to the process and obtain appropriate help preparing the request and assessing evidence. Keep the reference and response separately from the final decision.
Do not read the calendar-year rule as advice to wait or miss a deadline. Seek timely clarification if circumstances have changed. Assessment must consider the facts and regime governing the particular process, including the accident date.
A new quotation does not perform a review
Clara explains that reviewing the café’s current insurance is different from disputing a benefit for an earlier accident. A new proposal neither changes the earlier decision nor establishes that incapacity should rise or fall.
Use policy support for information about an existing process and seek legal help when needed to exercise the request. For future employee or activity protection, select Work Accidents in Request a quotation. This guide calculates neither incapacity, pension nor retrospective effects.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Locate the decision and benefit being considered.
- Identify new evidence and its connection with the accident.
- Check the procedure and legal frequency applicable to the case.
- Keep the request and decision while protecting clinical data.
FROM THE ARTICLE TO YOUR SITUATION
Let us discuss your situation
Tell us what you want to protect. We review your request and help compare relevant terms. Requesting a quotation does not activate insurance.
Sources and transparency
Content updated on .
Consultation dates are stated in individual references when available.
Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.
Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.