In recent months, I have had to attend to several clients who requested information about what types of permanent disability exist and what are the main characteristics of each type.
After taking a quick glance through the most important pages of the Internet, I have been able to see how, with a cumbersome language, disorderly enumerations are made, and the different forms that a permanent disability can take are described in an unclear way. For this reason, the meaning of this new article will be aimed at guiding, albeit briefly, readers interested in this type of permanent disability. Go for it:
Types of permanent disability
There is the possibility of requesting two types of permanent disability pension:
- Permanent disability as a contributory pension Permanent disability as a non-contributory pension
Permanent disability as a contributory pension can be requested by those people who, as workers, meet a series of legally established requirements.
Non-contributory permanent disability can be requested by those people who are not workers, or who, even though they are workers, do not meet the requirements mentioned above.
Degrees of contributory permanent disability
The different degrees of permanent disability are classified according to the intensity and characteristics of the injuries and / or illnesses, since the most important factor in requesting a permanent disability is the limitation that this causes us in our usual work. The different types are:
- Permanent partial disability Permanent disability in a degree of Total Permanent disability in a degree of Absolute Great Invalidity
Before briefly describing each one of the typologies, it is important to know what the regulations refer to when it speaks of “habitual profession”. By habitual profession, the profession exercised by the worker at the time of the injury or illness that gives rise to the request for permanent disability occurs.
Permanent Partial Disability
Partial permanent disability is one that causes the worker a decrease of not less than 33% in their normal performance in their usual profession. This decrease in the ability to carry out his usual profession does not prevent him from carrying out the fundamental tasks of the same.
People who have a recognized partial permanent disability have the right to return to their job. However, and given the new situation of the worker, the employer may choose to proportionally reduce his payroll, depending on the limitation suffered by the worker, as long as he previously demonstrates that his performance has been reduced.
In the event that the worker wishes to change jobs, they can provide services in any company, since the fact of having obtained a partial permanent disability pension does not imply that they cannot carry out any activity, although depending on the illnesses / injuries you suffer from, you may have some limitations.
Regarding the economic benefit, the worker will be entitled to a lump sum of 24 monthly payments of the regulatory base that was used as the basis for the calculation of the temporary disability prior to the permanent disability.
Permanent disability in degree of Total
Total permanent disability is one that invalidates the worker to perform the fundamental tasks of his usual profession, but does not prevent him from carrying out other activities.
At the moment a worker is recognized as having a permanent disability in a Total degree, a degree of disability equal to or greater than 33% is being recognized for all purposes.
The declaration of permanent disability in total degree causes the termination of the employment contract. However, there are some exceptions in which the employer cannot terminate the employment relationship:
- If the resolution declaring the worker in total permanent disability is appealed, and the benefit is not finally granted, the worker has the right to return to his job If the resolution declaring the worker in total permanent disability establishes that the disability can subject to review in two years, the contract is not terminated, it is simply suspended until two years have elapsed. If the applicable collective agreement in the company obliges the employer to relocate the worker to a job compatible with his disability.
The economic benefit is for life, and corresponds to a percentage of 55% of the corresponding regulatory base. However, in the event that the worker is under 60 years of age, he can request that instead of a life pension, he be given a single payment (which will depend on the worker's age). To do this, the disabled person must demonstrate that with the amount they receive, they are going to invest it in projects that generate income as a self-employed worker.
When a worker who has been declared in a situation of permanent total disability is 55 years of age or older, he is entitled to receive 75% of the regulatory base (instead of the 55% that we commented previously). The same occurs with those workers who turn 55, even if they started total permanent disability at a lower age. This situation is qualified total permanent disability.
This disability allows the worker to develop any activity, as long as it is not analogously similar to the activity that gave rise to the recognition of the disability, and is compatible with the limitations suffered by the worker. If Social Security is aware of the provision of services in another company, and considers that it is incompatible with the pension that it has recognized, it can leave it on hold until the worker ceases in the new activity.
Absolute Permanent Disability
It is one that prevents the worker from carrying out his usual profession and that of any other. That is, the worker who has a recognized permanent disability pension in absolute degree, cannot carry out any work activity as an employee or self-employed.
The economic benefit is the equivalent of 100% of the regulatory base.
Great Disability
People who need the assistance of a third person to perform the most elementary acts of daily life, can request recognition of the Great Disability, as long as they have a permanent disability pension (regardless of the degree).
But what do we understand as “the most elementary acts of everyday life”? They are all those acts necessary to cover basic needs such as dressing, eating, washing, walking… It is enough to not be able to perform one of them to be entitled to this type of benefit.
The economic amount consists of an increase of 50% of the percentage that corresponds to the worker for the permanent disability that he has recognized. In other words, if a person has the right to a permanent disability in a degree of absolute (100%), and in addition they are granted the great disability, they will be entitled to receive 150% of the regulatory base.
