Various Legal Clauses of incapacity for work


There are several types of incapacity for work depending on the circumstances of the worker, temporary or temporary work incapacity, and permanent incapacity for work.


Temporary temporary work incapacity

The transient temporary disability (better known by workers as sick leave ) is when the worker is temporarily unable to work and in need of medical care, as a result of an illness or accident not work, or an accident or occupational disease .

During the time that the worker remains in temporary incapacity, the labor contract is suspended, the obligations to work and to remunerate the work cease, and the worker having the right, if he meets the required contribution requirements for each case, to the Health care, and the corresponding financial subsidy, which can be 60% or 75% of the regulatory base, unless an agreement is reached.

This duration, in general, is 365 days, which can be extended in the cases provided for in the regulations for another 180 days, and reaching a maximum of 730 days, if after the 545 calendar days of medical leave, the worker Continues in the need of medical treatment and / or it is advisable to delay the qualification of a permanent disability.


Permanent occupational disability

The permanent incapacity is the situation of the worker who, after having undergone medical treatment, presents severe anatomical or functional reductions, capable of objective determination and predictably definitive that reduce or cancel his work capacity, which can cause the worker a disability in One of the following grades:

  • Partial permanent disability:
  • Total permanent disability
  • Absolute permanent disability
  • The Great Disability.

Partial Permanent Disability: It is the incapacity of the worker that causes him a reduction of not less than 33% in his normal performance for the profession he exercises, without impeding him to perform the fundamental tasks of said profession.

Regarding the benefit, and provided that the worker meets the requirements for recognition, regardless of the cause that originated, consists of a lump sum compensation equivalent to 24 monthly payments of the corresponding regulatory base, and is charged in a single time. It is compatible with self-employment or self-employment, since its recognition does not extinguish the employment relationship.

Permanent Total Disability for the habitual profession (IPT): It is given when the injuries suffered by the worker, disqualify him from performing the fundamental tasks of his habitual profession, but allows him to devote himself to a different one.

The benefit, if the worker meets the requirements for recognition, consists of a lifetime pension of 55% of the corresponding regulatory base for each case, which can exceptionally be recognized in a lump sum compensation. It is compatible with a job other than the functions of his profession, without losing the pension, and under certain conditions, the pensioner may choose to collect the unemployment benefit before the collection of the permanent disability pension recognized.

Absolute Permanent Disability (IPA): It is the situation that totally disables the worker for any profession or trade. The benefit, if the worker meets the requirements for recognition, consists of a lifetime pension of 100% of the corresponding regulatory base for each case. It does not prevent the performance of the activities, lucrative or not, compatible with the status of the invalid and that do not represent change in their capacity of work for the purpose of revision.

Great Disability (GI): This is the situation of the worker affected by absolute disability, who needs the assistance of another person to perform the most essential acts of daily life, such as washing, eating, washing, going out, etc. The benefit that will be received, if the worker meets the requirements for recognition, is a life pension of 100% of the regulatory base, increased by 50% to remunerate the person who cares for the disabled.