Dealing with work disability is one of the most complex situations a person can experience. When an illness or accident prevents you from performing your job, it is crucial to know your rights and the legal procedures to access disability benefits. At Pactum Legal, we help you understand what to do if you find yourself in this situation and how to protect yourself legally.
1. What is work disability? Work disability occurs when a worker cannot perform their job due to an illness or accident, whether temporary or permanent. There are two main types of disability:
Temporary disability (TD): This is when a worker cannot work for a specific period due to a common illness, accident, or occupational disease. During this time, the worker is entitled to receive financial compensation.
Permanent disability (PD): This occurs when a person suffers from a condition that permanently prevents them from performing any type of work. Depending on the degree of disability, the person may be entitled to a permanent disability pension, which can be total, absolute, or severe disability.
2. Procedure for applying for work disability To access disability benefits, it is necessary to follow an administrative process that involves several stages:
Communication with Social Security: The first step is to communicate your situation to Social Security or the National Social Security Institute (INSS), either through your primary care physician or a specialist.
Medical report: It is essential to have the necessary medical reports that prove your inability to work. These reports must be detailed and based on objective evidence demonstrating the extent of the illness or injury.
Assessment by the INSS: The INSS will evaluate your case and determine if you meet the requirements to be considered work disabled. This is done through a medical assessment.
3. Types of permanent disability pensions If the INSS decides that you are entitled to a permanent disability pension, there are different degrees of disability, which will determine the amount of the pension you will receive:
Partial permanent disability: If the condition does not prevent you from working in your usual profession, but limits your abilities, you may be granted a partial pension. This generally implies a reduction in salary, but not a total inability to work.
Total permanent disability: In this case, you will not be able to perform your usual profession, but you could perform other types of work that do not involve the same limitations. The worker will receive a pension that covers the loss of income.
Absolute permanent disability: If your condition prevents you from performing any type of work, you will receive a full pension that will cover you financially on a permanent basis.
Severe disability: If the illness or accident prevents you not only from working, but also from performing daily life activities, such as moving or dressing, you could access a severe disability pension.
4. What to do if your work disability is denied? If your application for work disability is rejected, you have the right to appeal the decision. The appeal process may include the submission of new medical reports, an assessment by a medical tribunal, and a review of the case by a judge. It is essential to have the advice of a lawyer specializing in labor law to ensure that the appeal is handled correctly.
5. The support of a specialized lawyer The process of applying for work disability, especially in cases of permanent disability, can be complicated and lengthy. It is essential to have a specialized lawyer who can advise you throughout the procedure, ensuring that all the requirements are met and that you can access the compensation that corresponds to you.
Conclusion: If you cannot work due to an illness or accident, it is essential that you understand your rights and the legal options available to obtain a disability pension. At Pactum Legal, our expert labor law lawyers are at your disposal to guide you through the entire disability application process and defend your interests. If you believe you may be in a situation of work disability, do not hesitate to contact us to receive the legal guidance you need.
