MINISTERIO
DE EMPLEO
Y SEGURIDAD SOCIAL

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Procedures and Formalities

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Procedure for Temporary Disability

The general procedure is shown below

What is Temporary Disability?

It is a daily subsidy which covers the loss of income while the worker is temporarily incapable of working and receives medical assistance from the Social Security system.

When does it begin?

  • For common diseases or non-work-related injuries, from the 4th day of the leave.
  • For work-related injuries or occupational diseases, from the day following the date of leave.

What are the procedures and where do they have to be carried out?

From the start of receiving the benefit until 365 have passed:

  • The Public Health Service or, where appropriate, the Mutual Societies for Work-Related Injuries and Occupational Diseases, will issue the sick leave, confirmation of sick leave and medical discharge certificates.
  • The National Institute of the Social Security (INSS) and, where appropriate, the Social Marine Institute (ISM), through their medical inspectors, can issue medical discharge certificates that are valid for all legal purposes.

Once 365 have passed, the National Institute of the Social Security and the Social Marine Institute are the only bodies with authority to grant an extension, open a Permanent Disability file, issue a medical discharge certificate, or issue a new sick leave certificate, if this takes place within a period of 180 days subsequent to issuing of the medical discharge certificate for the same or similar ailment. 

 What is the maximum duration of the benefit?

If it is for a disease or injury it will last for 365 days. This can be extended by a further 180 days if during this period the person is expected to be cured.

When do benefits end?

  • When the maximum specified period has elapsed.
  • Due to medical discharge.
  • Upon becoming a pensioner.
  • Due to failure to submit to the physical check-ups.

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