What are the rights of workers who suffer from anxiety?

Summary
Anxiety is a mental disorder that affects millions of people around the world and has gained relevance in recent years.

Anxiety is a mental disorder that affects millions of people around the world. The rights of people with anxiety have become relevant in recent years as awareness has increased about the effects the condition has on personal and professional lives.

Anxiety is the body's normal response to stress, but when it becomes intense and persistent, it can become a disorder. Chronic anxiety affects performance in daily activities, causing difficulties in work, studies, and relationships. According to the World Health Organization (WHO), Brazil is the country with the highest number of persons of concern in the world, which reinforces the need to discuss the rights of these people. Recognized as a disease by the ICD-10 (International Classification of Diseases), anxiety opens the door for workers with this terrible condition to access social security and work benefits.

In the workplace, anxious workers have several safeguards. Those people who suffer from severe stress that impairs their work performance may request a temporary license. This leave is covered by sickness benefit, which requires proof of temporary disability through medical reports. During the first 15 days of leave, the salary is paid by the company, after this period the INSS pays.

Another relevant right is job stability. When anxiety is caused by work conditions such as bullying, high pressure or inappropriate environments, the disease is classified as occupational. In this case, the worker has the right to stability up to 12 months after returning to work. During this period, the company cannot terminate without reasonable cause. In some cases, unless it is proven that the illness was caused by working conditions, the concern may be considered a workplace accident. In these cases, in addition to stability, the worker has the right to compensation for moral damage.

Compensation for moral damage applies when the concern is caused by direct actions of the company, such as moral harassment. Workplace bullying is one of the main causes of anxiety disorders that occurs when there is repeated exposure to humiliating or embarrassing situations. In more serious cases, it is also possible to request constructive dismissal, which occurs when the company commits serious misconduct that allows the employee to leave without losing their employment rights.

In addition to labor rights, the concern also guarantees social security rights. Sick pay is an important benefit for workers who are temporarily unable to perform their duties due to anxiety. To apply, it is necessary to present a medical report that certifies the severity of the condition. In more serious and permanent cases, the employee can claim a disability pension, which also depends on the medical experience of the INSS.

The INSS also offers other benefits such as the Continuous Payment Benefit (BPC/Loas) aimed at older people with disabilities or in vulnerable situations, even if they do not contribute to the INSS. Depending on the severity of the anxiety and the individual's living conditions, this benefit may be claimed.

Dealing with anxiety can be challenging, but seeking medical and legal help is essential. Psychiatrists and psychologists are the best experts to treat this pathology. If anxiety affects work performance or quality of life, it is necessary to seek the guidance of an employment lawyer to guarantee the rights guaranteed by law. With the right information and the right support, solutions can be found to help improve quality of life and mental health.