When a person is unable to return to work due to serious illness or injury, they are considered permanently disabled. If this happens, the worker is entitled to receive a pension that will vary depending on the severity of this disability. In this article we talk about how permanent disability can be achieved and what the amount of the benefit to receive depends on.
In order to obtain a pension for permanent incapacity for work, there are a series of necessary legal formalities established by the Social Security Law, but specific medical requirements must also be met. In general terms, to access a disability it is necessary:
A situation of permanent disability can be reached in different ways but, in most cases, it happens after the worker has not improved once his medical leave or temporary disability has ended.
Permanent incapacity for work can be caused by:
Depending on the degree or intensity of the injury or illness in relation to the work activity, there are four types of permanent disability that give the right to different pensions. For its calculation, the regulatory base of the worker and the corresponding percentage for disability are taken into account. These are the types of disability in order of severity and the respective pensions to which you are entitled:
This is the lowest degree and assumes that the worker is disabled with a decrease in his work performance of not less than 33%, the affected party will be entitled to receive compensation of 24 monthly payments of the regulatory base paid in a single payment.
This incapacity does not allow the worker to carry out the fundamental tasks of his usual profession, but he can dedicate himself to other trades. People who have recognized this disability have a degree of disability equal to or greater than 33%, which provides a series of social and tax benefits such as a monthly and lifetime pension of 55% of the regulatory base.
It must be borne in mind that qualified total permanent disability exists within this degree. This consists of a 20% increase in the benefit when the worker is over 55 years of age or has significant difficulties in obtaining a job other than his usual profession.
The IPA arises when the affected worker is unable to engage in any profession with a minimum of performance and efficiency.
Once this disability is recognised, it will mean the automatic assimilation of 33% disability. In these cases, the person is entitled to a monthly and lifetime economic benefit of 100% of the regulatory base.
A worker is considered to suffer from Major Disability when, in addition to having an absolute permanent disability, he or she is unable to perform basic daily tasks by himself and requires a person to take care of him. In these cases, the affected person receives, in addition to the IPA pension itself, a supplement that cannot be less than 45% of the amount received.
Once the application for permanent disability is submitted, the National Social Security Institute (INSS) will be in charge of accepting or denying it, taking into account the quality of the medical reports, the seriousness of the illness, the possibilities of recovery, the time elapsed since the beginning of the temporary disability and the clear incompatibility between the conditions and the development of the work activity.
Keep in mind that if the Medical Tribunal considers that the illness or injury is not serious enough, or was suffered before starting work, it can deny permanent disability.
