The worker can carry out his usual profession but with limitations
Posted: Sun Dec 22, 2024 9:15 am
Article 193 of the General Social Security Law gives us the concept of permanent disability : "Contributory permanent disability is the situation of the worker who, after having undergone the prescribed treatment, presents serious anatomical or functional reductions, susceptible to objective determination and foreseeably definitive, which diminish or annul his work capacity . Such qualification will not be hindered by the possibility of recovery of the work capacity of the disabled person, if said possibility is medically estimated as uncertain or long-term."
From this definition we can deduce the following characteristics:
Prescribed treatment, that is, exhaustion of medical and surgical treatments is whatsapp australia contact number required . Although both doctrine and jurisprudence admit that there are cases of incapacity not preceded by temporary incapacity, such as that which appears suddenly, or situations in which the worker, despite his injuries or illnesses, prefers to remain at work until the severity of his physical or mental state, or the irreversible nature of his after-effects, prevent him from continuing.
Supervening nature of the incapacity: permanent disabilityIn the case of contributory benefits, they must arise after affiliation.
Severe anatomical and functional reductions: the determining factor of a permanent disabilityand its corresponding degree is the organic or functional deficit that causes the consequencces and its impact on the worker's work capacity.
Objectivity of injuries and illnesses: anatomical or functional reductions must be objective, that is, they must be medically verifiable; the mere subjective manifestation of the interested party is not sufficient, therefore requiring a medical diagnosis.
The foreseeably definitive nature of the after-effects or ailments: the Supreme Court requires that the permanent disabilityrequires that the consequences are not susceptible to complete cure or improvement through medical treatments.
Decreased or eliminated work capacity: this is the key to recognizing permanent disability. Anatomical and functional reductions are of such magnitude that they decrease or eliminate the worker's work capacity.
This disability will be classified based on the percentage of reduction in the interested party's work capacity, thus, there are different types of permanent disability :
Permanent disability partial.
Permanent disability total.
Permanent disability absolute.
Severe disability.
Types of contingency in the permanent disability
Once we are clear about the concept and characteristics of permanent disability, we must know that there are two types of contingency for which the disability benefit can be granted and its degree declared:
Professional contingency , derived from an accident at work or occupational disease,
Common contingency , common illness or non-work-related accident.
The declaration of a work incapacity has different degrees:
Total : you cannot perform your usual profession, but you can perform others.
Absolute : the illness or injury does not allow any type of work to be performed.
Severe disability : requires help from third parties to carry out the most basic or essential activities of life.
Diseases that cause disability
There is no fixed list as such that automatically recognises permanent disability benefits. However, it is true that there are certain diseases or pathologies that have been recognised as diseases that can give rise to work incapacity, specifically in their absolute degree :
From this definition we can deduce the following characteristics:
Prescribed treatment, that is, exhaustion of medical and surgical treatments is whatsapp australia contact number required . Although both doctrine and jurisprudence admit that there are cases of incapacity not preceded by temporary incapacity, such as that which appears suddenly, or situations in which the worker, despite his injuries or illnesses, prefers to remain at work until the severity of his physical or mental state, or the irreversible nature of his after-effects, prevent him from continuing.
Supervening nature of the incapacity: permanent disabilityIn the case of contributory benefits, they must arise after affiliation.
Severe anatomical and functional reductions: the determining factor of a permanent disabilityand its corresponding degree is the organic or functional deficit that causes the consequencces and its impact on the worker's work capacity.
Objectivity of injuries and illnesses: anatomical or functional reductions must be objective, that is, they must be medically verifiable; the mere subjective manifestation of the interested party is not sufficient, therefore requiring a medical diagnosis.
The foreseeably definitive nature of the after-effects or ailments: the Supreme Court requires that the permanent disabilityrequires that the consequences are not susceptible to complete cure or improvement through medical treatments.
Decreased or eliminated work capacity: this is the key to recognizing permanent disability. Anatomical and functional reductions are of such magnitude that they decrease or eliminate the worker's work capacity.
This disability will be classified based on the percentage of reduction in the interested party's work capacity, thus, there are different types of permanent disability :
Permanent disability partial.
Permanent disability total.
Permanent disability absolute.
Severe disability.
Types of contingency in the permanent disability
Once we are clear about the concept and characteristics of permanent disability, we must know that there are two types of contingency for which the disability benefit can be granted and its degree declared:
Professional contingency , derived from an accident at work or occupational disease,
Common contingency , common illness or non-work-related accident.
The declaration of a work incapacity has different degrees:
Total : you cannot perform your usual profession, but you can perform others.
Absolute : the illness or injury does not allow any type of work to be performed.
Severe disability : requires help from third parties to carry out the most basic or essential activities of life.
Diseases that cause disability
There is no fixed list as such that automatically recognises permanent disability benefits. However, it is true that there are certain diseases or pathologies that have been recognised as diseases that can give rise to work incapacity, specifically in their absolute degree :