Laboral inhability


Incapacity for work is a situation in which a worker is not able to attend or adequately perform his duties at his job.

The incapacity for work, therefore, is the situation that occurs when a person is not able to attend their work, as well as perform the functions associated with it. This disability occurs for various reasons, such as an accident, a pregnancy, as well as a number of other situations.

This is measured by the degree of damage or the event that prevents this person from going to work.

This disability is recognized by law, as well as recognized by Social Security.

Types of incapacity for work

As we said, depending on the magnitude of the event that prevents the realization and performance of the work, it can be classified into two types:

  • Temporary disability: This is known as medical leave. The person referred to is unable to attend work on time, but plans to recover within a maximum period of 12 months.
  • Permanent disability: This disability is recognized when a worker, after undergoing medical treatment, has disabilities that permanently nullify the employee's ability to work.

Within permanent disability we have various types, among which the following should be highlighted:

  • Partial permanent disability.
  • Total permanent disability.
  • Absolute permanent disability.
  • Qualified total permanent disability.
  • Great disability.

Rights against incapacity for work

When a person presents the incapacity for work, he or she has a series of rights that are granted to them, for having fulfilled their obligations before the insurer (which can be public or private).

These rights include the right to health care that allows the worker to recover from the injury or damage caused by the event that, in a way, has resulted in incapacity for work.

As well as, also, the right to an economic subsidy. Which, depending on the conditions, the contract, the price, as well as another series of variables, could reach up to 75% of the regulatory base in cases of professional contingencies.

However, it could be said that these rights, depending on the country to which we refer, may vary. Both in terms of rights and in the amounts and coverage corresponding to each one.

Requirements to obtain incapacity for work

To obtain incapacity for work, a series of requirements must be met.

When we talk about a temporary incapacity for work, it does not require requirements to request it. Beyond the medical part that shows an examination in which sick leave and rest are advised.

While, on the other hand, to request permanent disability there are a series of conditions that must be met.

These conditions are as follows:

  • Be registered with Social Security or a private insurance company.
  • Have contributed a minimum time; unless it is due to a professional illness or work accident.
  • Not having reached the retirement age.

However, the requirements, depending on the country to which it refers, may vary.

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