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Procedures and Formalities

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Compensation for Non-disabling Permanent Lesions




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Permanent Non-disabling Lesions benefit procedure


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Purpose:

It is intended to provide financial compensation to a worker for permanent injuries, mutilations and deformities sustained due to an woek-related accident or occupational disease, which, while not constituting a Permanent Disability, do diminish or alter the worker's physical condition, and meet the established guidelines.

Beneficiaries:

Workers included in the Social Security System who have coverage for occupational contingencies and meet the relevant requirements.

Requirements:

The worker must be:

  • Affiliated or in a situation assimilated to affiliation.
  • Released from medical care due to being cured.
  • The injury or mutilation must be covered by the current regulations.
Amount:
  • Lump sum compensation, whose amount is determined by the scale  established for each type of injury. The current scale came into effect on 1 May 2005.
  • Compensations related to cases prior to this date will use the previous standard.
Payment:

The amounts that correspond to the application of the standard are paid by the Managing Body or Mutual Insurance Society for Work-Related Injuries and Occupational Diseases of the Social Security that is required to pay out Permanent Disability benefits derived from a work-related injury or occupational disease.

Incompatibilities / Compatibilities:

It is incompatible with  financial benefits for permanent disability, except in cases in which the injuries, mutilations or deformities are completely independent from the ones that were taken into consideration when declaring the permanent disability.

It is compatible with working, even in the same company.

Periods:

The Provincial Directorate of the INSS  will make a decision within a maximum period of 135 days.

Forms:

Permanent Disability and Permanent Non-disabling Lesions pension application

Documentation:

The documentation that must be submitted is listed on the application form.

Where to process it:

At the Provincial Directorate of the INSS where the interested party has legal residence.

Competent entity:

It is the responsibility of the Provincial Directorates of the INSS  through the  Disability Assessment Teams (EVI) to declare the presence of permanent injuries at every stage of the procedure.

Other important information:

Particularities of the Special Schemes.

Review: They can be reviewed due to a worsening of the injuries that caused the compensation for permanent non-incapacitating injuries, without preventing the worker from applying for entitlement to permanent disability benefits arising from the corresponding contingency.

When the employer is responsible, the compensation will increase by 30 to 50%, according to how serious the infraction was.

In Catalonia the duties of the Disability Evaluation Teams (EVI), are carried out by the Catalonian Institute of Disability Evaluation, and the Disability Evaluation Commission.


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