During the development of a work activity it may happen that the worker suffers some type of damage caused by his work or fall into some disease outside it, it is what is known as professional contingency or common contingency.
In both situations the damage can reach a level that prevents the correct performance of the professional activity so a temporary cessation will be recommended, thus giving a work disability.
What Is Incapacity for Work?
Incapacity
for work
refers to the fact of the cessation of professional activity caused by damage suffered inside or outside the workplace and this is accompanied by an economic benefit.
The effects and benefits will be different depending on whether the incapacity for work is the result of an occupational contingency such as a work accident or a common contingency, such as a cold.
What Degrees and Types of Work Disability Do We Find?
Regarding incapacity for work, we can find two different types:
- Temporary incapacity for work
- Permanent incapacity for work
Temporary Incapacity for Work
Temporary incapacity for work is commonly known as“medical leave”. It occurs when the worker is in the temporary situation of not being able to carry out his professional activity and needs medical assistance as a result of a common or professional contingency, explained above.
During incapacity for work, there is a cessation in the employment contract suspending the obligations to perform and remunerate the work but maintaining the right to a subsidy that, unless improved by agreement, can reach 60% or 75% of the salary.
Its general duration is 365 days extendable according to the regulations if necessary.
Permanent Incapacity for Work
On the other hand, we find permanent incapacity for work that refers to that situation in which the worker has already been under medical care but shows functional reductions or anatomical losses that prevent him from carrying out his professional activity.
The following degrees of incapacity for work are of a permanent nature and therefore correspond to them an economic compensation.
Types of Permanent Work Disability
- Partial permanent disability:It is one that, not having reached the degree of total disability, causes a reduction of 33% and not less, in the normal performance for their profession without preventing the performance of their basic tasks.
- Total permanent disability:It is the one by which the worker is disqualified from being able to perform the functions of his usual profession. This will happen as long as you can dedicate yourself to a different profession.
- Absolute permanent disability:This is that disability that, in a total way, disqualifies the worker to perform any profession.
- Great disability:It is that disability that affects workers who have suffered functional or anatomy losses and, therefore, need the help of a third party to perform daily actions such as dressing or eating.
Where to Request and Deliver the Application for Permanent Work Disability?
The fact of living with an illness is not an object to recognize a work disability. For this it is necessary that the symptoms of this disease do not allow to carry out the professional activity.
Therefore, a file for permanent disability must be initiated that corresponds to the Provincial Directorate of the National Social Security Institute through the disability assessment teams.
This procedure for applying for permanent incapacity for work may be carried out in three ways:
- Ex officio by the National Institute of Social Security
- Requested by collaborating entities
- By direct request of the interested party
If it is the interested party who takes the initiative, he must complete the
application form for permanent incapacity for work
and submit the documentation indicated in the application.
It must be presented at the information centers of the National Institute of Social Security or at the National Institute of the Navy, in their provincial or local addresses.
How to Calculate Work Disability?
The calculation of all incapacity for work focuses on the Salary Regulatory Base.
If the incapacity for work is temporary until the fourth day, nothing is charged. After the fourth day, 60% of the Regulatory Base is charged and, from the twenty-one day onwards, 75% of the Regulatory Base is charged.
If the incapacity for work is of a permanent nature, in addition to being calculated with the Regulatory Base, the degree of recognition of this permanent disability must be taken into account.
- Partial permanent disability: This is a lump sum compensation, 24 monthly payments of the regulatory base.
- Total permanent disability: 55% of the regulatory base can be increased by 20% from the age of 55.
- Absolute permanent disability: 100% of the regulatory base
- Great disability: The percentage corresponding to permanent disability is applied to the regulatory base, being increased with a supplement.
Incapacity for work can be a complex issue, but every worker must know its characteristics and amounts. It is a highly beneficial tool since, despite being victims of a work accident or a common illness, it allows us to meet our needs.
