Permanent Disability is the situation of a worker who, after undergoing the prescribed treatment and being discharged from medical care, still presents serious anatomical or functional reductions that may be objectively established and are likely to be permanent, and which diminish or impede their ability to work. Such a rating does not exclude the possibility that the disabled person may recover the ability to work, if that possibility is medically considered to be uncertain or long-term.
What we understand by Permanent Disability is the situation of a worker that combines the following circumstances:
- Has received medical treatment
- Presents serious anatomical or functional reductions
- The above may be objectively established (with medical tests)
- That, presumably, the situation is permanent (a recovery is not medically possible)
- It reduces or annuls the capacity to work
In the case of Occupational Accidents or Diseases
The mutual society will start the process with the National Institute of Social Security (INSS) to determine what benefit the worker should receive.
- The mutual society will assume the cost of one-off payments deriving from Work-Related Injuries and Occupational Diseases by means of a direct payment to the beneficiary, provided it is responsible for the compensation payments, according to a scale in the case of non-disabling injuries or a lump sum in the case of the partial permanent disability. One-off payments (with the exception of the death grant) deriving from Work-related Injuries and Occupational Diseases are subject to tax under the terms established in Article 17.2 of Act 35/2006 on Personal Income Tax (IRPF).
- The mutual society will assume the cost of the pension provisions deriving from Work-related Injuries and Occupational Diseases through the constitution in the Central Treasury for Social Security of the corresponding capital, provided that it is responsible for this.
In the case of Non-work-related Accident or Disease
The law establishes that mutual societies shall not be responsible for the payment of benefits that might derive from a declaration of Permanent Incapacity. These will be payable by the Social Security.
How is this benefit processed?