What are the types of work disability?

The work disability This is an issue that both should take into account. workers like the companies. It is essential to know and understand what the types of work disability and the differences between them. Thus, the worker can request the benefits to which they are entitled and guarantee that, in the event of disease either accident, Enjoy the legal and financial protection you are entitled to. Escalante & Pérez Lawyers We'll tell you what the different types of work disability are and how to process them.

What is a work disability?

The first thing we must tell you is that the types of work disability are included within the labor law. Incapacity is the worker's inability to perform the routine professional tasks due to illness or accident. In this sense, a work disability can be temporary either permanent and there are different degrees depending on the gravity of the situation and the impact which implies an individual's ability to work.

Temporary disability

This type of work disability occurs when the worker He is unable to perform his professional duties temporarily, due to illness or accident. During this period, the individual must recover in order to be able to return to their job (regain their ability to work). It is also known as sick leave And its main characteristic is precisely that it is something transient.

While the worker is in temporary leave, is entitled to receive a financial benefit that partially replaces their salary. The benefit may be covered by Social security or a mutual collaborator, It all depends on the situation and from type of contingency, which can be professional or common.

Types of permanent work disability

Permanent disability is one of the most complex because it is classified into four distinct degrees. Each of these grades provides the worker with one benefit or another.

Permanent partial disability in the performance of a job

It is a type of disability that produces in the worker a decrease not less than 33% in the performance of their professional duties. Partial permanent disability usually occurs after a workplace accident in which the worker can continue performing their duties, but with a decrease in performance. In other words, this type of disability does not prevent the worker from continuing in their profession or other work activity, but it does entail some limitations. limitations. It should be noted that this type of work incapacity may entitle the worker to a compensation.

Total permanent disability for a usual profession

Among the types of work disability is the permanent total and assumes that the worker remains disqualified, definitively, to carry out all the essential tasks from their usual profession. This type of disability can occur due to an occupational disease or an accident.

It is important to note that this type of disability does not prevent the worker from to engage in a different activity and in which I don't need specific skills. For example, due to a disability, someone may not be able to work as a factory worker, but they could become a telephone sales representative. This disability entitles them to a financial benefit which generally equates to 55% of the regulator base of the salary.

Permanent total incapacity for any profession

The permanent disability Absolute disability prevents the worker from performing any job or profession. This type of disability occurs due to a illness or accident which severely affects the person's functional capacity, so they can no longer perform the basic activities of any job. Due to the severity of this condition, workers are entitled to a pension equivalent to 100% of the regulatory base that seeks to satisfy the person's needs; basically, because they can no longer generate income by any means.

Severe disability

The severe disability It is a category of work disability that applies when, in addition to being totally incapacitated, the worker needs the assistance from another person in order to be able to carry out their basic activities. These include, for example, washing, dressing, eating, and so on.

This is the most severe level of disability And those in this situation receive, in addition to their corresponding pension, a additional supplement. The supplement is granted to the worker to help cover the associated expenses to the need to hire a carer, but also to receive specialized assistance.

Regarding the types of work disability, it is necessary to have a lawyer specializing in labor law to help you understand your rights and guide you through the application process for the corresponding benefits and represent you before the authorities, should it be necessary to appeal any decision. Escalante & Pérez Lawyers We can help you process the work disability claim that best suits your situation, always with a focus professional e comprehensive, so that you can receive the benefit or pension that you are entitled to.