Types of disabilities in the workplace
Incapacidad permanente total, parcial y absoluta. Los tipos de incapacidades en el ámbito laboral y sus prestaciones
Although they are terms with which we feel familiar, it is more difficult to distinguish the type of disabilities, their consequences and the benefits derived from each of them.</p >
In this sense, we must distinguish two situations:
- Permanent disability derived from a temporary disability: occurs due to expiration of the term or medical discharge with a proposal for permanent disability. In these cases, the event is understood to have occurred in the extinction of the temporary disability.
- Permanent disability not preceded by temporary disability: the event is understood to have occurred on the date on which the Disability Assessment Team issued the opinion.
Total permanent disability
Total permanent disability is that which disables the worker to carry out all or the fundamental tasks that he develops in his professional activity, provided that he can dedicate himself to to a different one.
The amount of the pension is calculated by applying a percentage to the corresponding regulatory base, according to the cause that originates the capacity.
The percentage, as a general rule, will be 55% of the Regulatory Base for people over 18 years of age, and it can be increased by 20% for people over 55 years old.
Regarding the regulatory basis, this will be different depending on the cause of the disability:
- For common disease:
- Worker over 52 years of age and under 65: the contribution bases of the interested party must be divided by 112 during the 96 months immediately prior to the month in which the event occurs. The corresponding percentage must be applied to the result obtained based on the years of contribution according to the retirement pension scale, considering as contributions the years that the worker is missing from the date of the causal event.
- Worker under 52 years of age: these workers are required to have a contribution period of 8 years. The regulatory base is obtained in the same way as the previous case, but the quotient will be obtained by dividing the sum of the monthly contribution bases by the number of months to which said bases refer, multiplying this divisor by 1.1666 and excluding the bases. corresponding to the 24 months immediately prior to the month before the event occurred.
- Worker aged 65 or over: the regulatory base will be the result of dividing by 112 the worker’s contribution bases during the 96 months immediately prior to the month prior to the triggering event.
- Part-time worker: the same rules as for the retirement pension will be taken into account to calculate the regulatory base.
- For a non-work accident: the Regulatory Base will be the result of dividing by 28 the sum of the worker’s contribution bases for an uninterrupted period of 24 months. This period may be chosen by the interested party within the 7 years immediately prior to the event causing the disability.
- Due to an accident at work or occupational disease: the regulatory base will be the quotient of dividing the following addends by twelve:
- Daily salary and seniority of the worker on the date of the causative event for 365 days.
- Extraordinary payments, benefits or participation during the year prior to the causative event.
- The result of dividing the bonuses, complementary remuneration and overtime received in the year prior to the causative event, by the number of days worked in said period.
The benefits derived from common illness or non-work accident are paid in 14 installments, one for each month and two extraordinary ones.
Benefits derived from occupational disease or work accident are paid in 12 payments, since the extraordinary payments are prorated within the 12 ordinary monthly payments.
Partial permanent disability
It is one that without reaching a degree of total, causes the worker a decrease of no less than 33% in his normal performance for the professional activity he develops</strong >, without preventing you from carrying out the fundamental tasks that make up said activity.
Regarding the amount of the benefit, this consists of a lump sum compensation, and will be the amount equal to 24 monthly payments of the regulatory base which was used to calculate the temporary disability benefit from which it derives.
And in the event that it does not derive from any temporary disability, the regulatory base will be the one that would have corresponded for temporary disability, that is, the percentages for temporary disability that we have seen previously. This benefit must be paid in a single payment.
The payment is made by the National Social Security Institute (INSS), in general. If it derives from an occupational disease or work accident, the payment can be made by the INSS or by the Mutual Collaborator with Social Security.
Absolute permanent disability
It is the disability that disables the worker for the development of any professional activity.
The percentage that is applied to the regulatory base is 100% of it.
- In cases of occupational disease or accident at work: pensions will be increased depending on the severity of the offense, from 30% to 50% when the injury is caused by machines, artifacts or in facilities, centers o Workplaces that lack the regulatory precautionary devices, have them unused or in poor condition, or when safety and hygiene measures at work have not been observed, or the elementary health measures or those of personal adaptation to each job , taking into account their characteristics and the age, sex and other conditions of the worker.
- In the cases in which the worker, once the retirement age has been reached, gains absolute permanent disability due to common contingencies, for not meeting the right to a retirement benefit, the percentage will be the corresponding to the minimum contribution period established for the retirement pension. Currently, this percentage is 50%.
Regarding the regulatory basis, the following rules are established:
- If the disability derives from a common illness: the same rules apply as those indicated above for total permanent disability derived from a common illness (for the beneficiary in a “wing” situation and in a of “not high”)
- If the incapacity results from a non-professional accident:
- Beneficiary in a “registered” situation: the same rules apply as indicated above for total permanent disability derived from non-professional activity.
- Beneficiary in a “non-registration” situation: it will be the result of dividing by 112 the contribution bases of the interested party during the 96 months immediately prior to the month prior to the causative event.
- If the disability derives from an accident at work or occupational disease: the regulatory base is calculated applying the same rules as those indicated for total permanent disability derived from these contingencies.
Regarding the payment of these benefits:
- Those derived from common illness and non-work accident are paid in 14 installments, one for each month and two extraordinary ones.
- Those derived from an accident at work or occupational disease are paid in 12 monthly payments, since the extraordinary payments are prorated in the ordinary monthly payments.
Regarding the payment of these benefits, the same rules are established as for total permanent disability.