Social Security

Workers who, after having undergone the prescribed treatments and having been granted discharge from medical care, still present serious anatomical or functional reductions, which can be determined objectively and are expected to be permanent, and which diminish or impair their capacity to work, are considered to be in a situation of Permanent Disability (PD). The possibility of recovery of the disabled person's capacity to work shall not prevent them being classed as permanent disabled, as long as said possibility is deemed medically uncertain or a long-term prospect.

A worker's anatomical or functional reductions that exist on the date of their affiliation with the Social Security shall not prevent them being classed as permanently disabled, as long as they are disabled persons whose conditions have worsened after their affiliation causing, either independently or due to the occurrence of new injuries or diseases, a decrease or total impairment in the interested party's capacity to work at the time of their affiliation.

Medical discharge shall not be necessary to receive PD classification in the event that there are permanent after-effects.

Any disability that continues beyond the end of themaximum period allowed for Temporary Disability (TD), according to the degree of classification, except in the event that the medical condition of the interested party is such that the need for medical treatment remains due to their expected recovery or improvement in condition with a view to their return to work, therefore making it advisable to delay the aforementioned classification (under no circumstances can it exceed 24 months beyond the TD start date), with the interested party not entering a PD situation until the corresponding classification has taken place.

PD must arise from Temporary Disability, except when it affects persons who do not have protection for said TD, due to being in a situation assimilated to affiliation that does not include it, being assimilated to employees to whom the same circumstance applies, or in cases in which persons enter a situation of PD when not affiliated.