When suffering from an illness for which we need medical treatment or health care for recovery, we find ourselves unable to attend our workplace, because our state of health does not allow it, and there are many concerns. that can arise in this situation when we feel that if we do not do our job, serious negative consequences will arise.
However, you should know that in this type of situation in which you are prevented from performing your job and for which you receive health care, as long as you comply with some requirements established by law, you will have the right to collect a benefit. if it is proven that you are actually in one of the situations protected by the Law.
From our office you We can offer legal support to carry out the disability processing that corresponds to you depending on the circumstances, as well as managing the challenge of the medical discharge, when there are reasons that make said discharge inappropriate and unjustified, so that you can not worry about this entire complex procedure, since we are aware of the emotional cost that this type entails. of procedures, in which the worker is deprived of financial benefits to which he is entitled due to an illness, and for which he has made financial contributions throughout his professional life.
We have an area specialized in disabilities that, depending on your case, will give you the appropriate legal response and will inform you of the entire procedure and effects that it entails, (since each one will give the right to a different economic benefit), informing you in each case of the disability. which you may be a creditor, although we must differentiate:
-Temporary disability: When faced with a temporary incapacity for the development of work activity, first of all we have the option of temporary incapacity which may have a maximum duration of 18 months and which is used in those cases in which the worker suffers from limitations of a temporary and non-definitive nature. using the period of temporary disability to recover work capacity.
-Permanent disability: When the injuries or illness suffered are of a chronic nature with no forecast of improvement, and, where appropriate, having exhausted the maximum period in a situation of temporary disability, we will find ourselves facing a permanent disability, which in turn is divided into:
- Partial permanent disability for the usual profession, which, without reaching the level of total, causes the worker a decrease of no less than 33% in his normal performance for said profession, without preventing him from carrying out the fundamental tasks of the same.
- Total permanent incapacity for the usual profession, which disqualifies the worker from carrying out all or the fundamental tasks of said profession, as long as he or she can dedicate himself to a different one.
- Absolute permanent incapacity for the usual profession, which completely disqualifies the worker for any profession or trade.
- Great disability. The situation of the worker affected by permanent disability and who, as a result of anatomical or functional losses, needs the assistance of another person for the most essential acts of life, such as dressing, moving, eating or similar.
We also have the collaboration of specialist doctors in assessing the disability in question to have the greatest possible guarantee of success, who will be able to prepare an expert report and testify in court, in order to reinforce our evidence and ensure the recognition of the benefit.
In this way, when, once the specific case has been studied, we do not agree with the disability recognized by the INSS or with the discharge that it may issue, it will be necessary to file a prior administrative claim, and if after that, it is not proceeded either. To recognize the benefit to which the worker is entitled, we will go to court in order to recognize the correct benefit to which the worker is entitled.
Equally, We work on claims derived from the incorrect classification of the contingency as a “common disease” when we are faced with a contingency “due to illness or professional accident” because in each of them the requirements to access the disability benefit and its effects may be different.
