It is defined as; permanent status of a worker after being subjected to a prescribed treatment and a further failure, presenting serious anatomical or functional cuts which are presumably final, which reduce or negate the ability to perform a job.
This inability must be declared by the Provincial Directorate of the National Institute of Social Security through Disability Assessment Teams (DAT), who will also be the only one with the ability to recognize the right to financial benefits. We can distinguish four types of disability, depending on the degree of it:
– Permanent Partial Disability: Never less than 33% of the normal performance of anatomical or functional features, without actually withdrawing from performing the basic tasks of the same.
– Total Permanent Disability: Disables the worker of all or fundamental activity to perform a certain profession; though can still be devoted to a different job.
– Absolute Permanent Disability: completely disables the worker from any profession or trade.
– Great Disability: The injured needs the assistance of another person for their daily lives.
A review of disability must be carried out from time to time, in order to assess whether there has been improvement or worsening of the condition of the worker.
Permanent disability can begin to be processed when the disease seems definitive or has exceeded 545 days of temporary incapacity. An application must be submitted and accompanied by the necessary data to prepare a previous record. Once done, the INSS provincial directorates will begin to assess the dossier, carrying out as many tests as were necessary.
A facultative from the Disability Assessment Team will prepare a medical report within the medical records, reports and provided additional evidence that is collected. Simultaneously with this, the INSS will prepare a report of professional backgrounds.
Once this phase is over, the assessment team will review all documentation provided and issued, and will issue a draft resolution, to be forwarded to the worker. The latter can make allegations if in disagree with the resolution, and if new medical evidence is presented, this must be examined. If our disability is denied, we will have 30 days to file a prior claim. The INSS shall answer to this complaint within 45 days, or be considered denied by the administration, in which case it will have to resort to judicial disability claim, also within 30 days, to the Labour Court, accompanying with a report from a medical expert.
As for the labor field, if recognized total disability or severe disability, if the person is being employed, the contract will be disrupted without any compensation, unless the worker’s agreement dictates otherwise, and unless the INSS considered that the conditions could cease in less than two years time.
If you wish to apply for permanent disability, or it has been denied to you and you would like to appeal, request a consultation with one of labor consultants from DAEMI ZABALZA & ASSOCIATES, so they can guide and advise you throughout the process.