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Procedures and Formalities

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Temporary Disability benefits




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Temporary Disability Procedure


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Purpose:

This is a daily subsidy that covers the worker's loss of income due to common diseases  or non-work-related injuries, occupational diseases or work-related injuries, and during the periods of observation due to occupational diseases.

Beneficiaries:

Workers included in any Social Security scheme, provided that they meet certain requirements.

 Workers in the special scheme for self-employed workers (RETA) who are included in the special scheme for agricultural workers and have chosen to include this benefit.

Requirements:
  • Common diseases: Being affiliated with active contributor status or in a situation assimilated to affiliation having covered a 180-day contribution period in the preceding 5 years.
  • Injuries, whether work-related or not, and occupational diseases: No previous contributions are required. 

Further information on requirements

Competent body:

Depending on the coverage option chosen by the employer, recognition and payment will be the responsibility of:

Contents or amount:

  • Common diseases and non-work-related injuries: 60% of the base rate from the 4th day of leave until the 20th, inclusive, and 75% from the 21st day onward.
  • Occupational diseases or work-related injuries: 75% of the base rate for benefits from the day following the date of leave from work.

 

More information on payment

Payment:

Employees:

  • In general, payment will be made by the company as a delegated payment with the same periodicity as salaries.
  • In the cases of common diseases or non-work-related injuries, payment between days 4 and 15 of leave is at the employer's expense and from the 16th day onward the INSS or the mutual society will be responsible for payment.

Self-employed workers:

  • Payment is made directly by the competent management body or mutual society. Furthermore, it may be requested in a request for direct payment.
Forms:

The medical certificates for leave, confirmation of leave and discharge.

Until the new temporary disability certificates are approved, those currently in use will remain valid in accordance with the first temporary provision of RD 625/2014 of 18 July.

Documentation:
  • Documents proving the identity of the worker.
  • Contribution documents.

Further information on documentation

Loss or suspension:

Fraudulent action in order to obtain or maintain the benefits, working for another person or as self-employed worker, and refusing or abandoning the prescribed treatment.

Precautionary suspension: failure of the recipient to appear at the medical examination.

Further information

Termination:

It expires when the maximum specified period has elapsed, due to medical discharge, with or without declaration of permanent disability, by becoming a pensioner due to retirement, and for failure to submit to the medical examinations specified by the INSS  or mutual society doctors, or on death.

Further information

Duration:

Disease or injury: 365 days, which can be extended by a further 180, if a cure is expected within this period.

Periods under observation due to occupational diseases: 6 months, which may be extended for another 6 months.

Further information on duration

Other important information:
 

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