When an illness, accident or supervening situation caused by health reasons occurs, or arising from work activity, it is possible that it may leave lasting effects on the employee’s skills or productive faculties. In such circumstances, it becomes necessary to assess the type of harm caused, since it may give rise to an incapacity.
At BBMabogados we have the best experts in employment law and social security, so you can rely on our advice to carry out the relevant procedures that allow the incapacity to be demonstrated and established, as well as to seek the corresponding compensation.
Types of professional incapacity in Santander
Essentially, we can group incapacities into two broad categories, namely:
– Temporary incapacity.
– Permanent incapacity.
Each of these incapacities has its own reasons and origins, as well as subtypes that we will look at in detail.
TEMPORARY INCAPACITY
This is the case of sick leave that prevents the employee from carrying out their usual activities and even from attending their workplace. Now, in this case we must point out that the incapacity arises from a medical condition of the employee, unrelated to their duties, although it may also be linked to an occupational illness (caused by their work duties) or as a result or after-effect of an accident at work.
In any event, this incapacity has a maximum period of 12 months. During that period the employment contract will be suspended, which means that the employee cannot be required to carry out any activity or attend work and, likewise, the company will not be obliged to pay the corresponding salaries.
Likewise, it should be noted that this period of incapacity may be extended by a further 6 months, if the circumstances so require.
In turn, this observation period aims to allow the competent social security bodies to assess whether the illness or occupational impediment has ceased or whether, on the contrary, it will be permanent.
COMPENSATION OR FINANCIAL BENEFIT
For its part, this situation allows the employee to request the social security to pay the corresponding financial benefit, which may reach up to 75% of the regulatory base for this type of situation as a monthly payment. However, this is not a fixed percentage; rather, it may vary depending on the type of situation.
PERMANENT INCAPACITY
In this case, we are talking about the scenario in which the illness the employee has has exceeded the maximum time established for temporary incapacity. In turn, it is shown that it cannot be reversed with the passage of time. In such cases, the Social Security must carry out the relevant tests or examinations to demonstrate the type of permanent incapacity in question.
As for the types of permanent incapacity, they can be classified as:
PARTIAL PERMANENT INCAPACITY
These are incapacities that allow the employee to carry on their economic activity, profession or trade, but which represent a reduction of at least 33% of their capacity to carry out their usual work activities.
This type of situation gives the employee a one-off benefit of 24 months’ salary, calculated on the basis of the regulatory base and, as noted above, it does not prevent the employee from continuing in their line of work or in another economic sector.
TOTAL PERMANENT INCAPACITY
In this case we are again talking about a reduction in the person’s working capacity, which permanently prevents them from continuing in their usual economic or professional activity. Nevertheless, it does not prevent the person from taking up a different economic activity.
In such a case, the incapacity gives the employee access to a lifelong benefit of 55% of the regulatory base. It should also be noted that, should the person take up a new economic activity, this does not remove or prevent them from continuing to receive payment of the aforementioned pension.
ABSOLUTE PERMANENT INCAPACITY
This is the type of situation that prevents the employee from carrying out any trade whatsoever, whether in their own activity or in any other economic sector; that is, the employee loses every condition that allows them to carry out their profession or any other trade.
Precisely because of the seriousness of the harm, this incapacity means that the employee becomes entitled to 100% of the regulatory base as a monthly pension. Now, in this case it is understood that the employee will no longer be able to carry out activities involving the sale of their labour, but they are not prevented from taking up other economic activities.
SEVERE DISABILITY (GRAN INVALIDEZ)
This is the most serious case of incapacity, since it means that, in addition to losing their working capacity, the person will also need the assistance of a third party in order to carry out their daily activities. Thus, this incapacity gives access to 100% of the regulatory base, plus a supplement intended to pay the person who assists the employee. That supplement is the result of adding 45% of the minimum contribution base in force at the time of the causal event and 30% of the employee’s last contribution base.
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