We are going to focus on permanent disability and how to apply for it. Thus, permanent disability is the situation of the worker who presents a series of serious anatomical or functional reductions, susceptible to objective determination and foreseeably definitive , which reduce or eliminate his or her work capacity. This is the definition given to us by article 193 of the General Law of Social Security.
Therefore, work incapacity : is a situation in which a worker is not able to carry out his profession or trade or any work, depending on the degree of disability. Thus, a worker may be disabled and not have a work incapacity or vice versa. Although it should be noted that total permanent disability is automatically equated to a disability certificate of 33% with respect to employment. If you find yourself in this situation and believe that you may be the beneficiary of a disability, whether partial, total or absolute, it is best to go to a professional expert in labor law such as Jurand Abogados who are experts in the field.
The doctrine of the Constitutional Court indicates that the qualification of disability employment database or incapacity does not depend only on the objective nature of the injuries, but also on the impact on the ability to work. That is, when granting total or permanent disability, a legal analysis must be carried out taking into account not only the injuries but also the professional circumstances of the affected worker.
How to apply for total or permanent disability
The purpose of a declaration of permanent disability is to cover, through a benefit, the reduction in resources suffered by a person as a result of the process to which he or she is subjected, resulting from an accident or illness and from which his or her ability to work is reduced, foreseeably permanently. In other words, we are talking about a life pension.
The characteristics of this benefit are:
It can be declared, although a recovery is possible
No medical discharge is required.
It does not always come from Temporary Disability
The injury is objectively assessed based on the worker's work capacity in relation to the profession he or she performs.
Predictably permanent
If we look at art. 194 of the General Law on Social Security, we will see that there are different degrees of permanent disability : partial, total, absolute and severe disability. They are classified according to the percentage of reduction in the interested party's working capacity .
