Compensation for Non-disabling Permanent Lesions

Procedure

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Permanent Non-disabling Lesions benefit procedure

General Information

Purpose:

It seeks to provide financial compensation due to injuries, mutilations and deformities of a permanent nature caused by a work-related injury or occupational disease that, although not constituting permanent disability, lead to a reduction or alteration in the physical integrity of the worker provided they are included in the classification established for that purpose.

Beneficiaries:

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

Requirements:

The worker must be:

  • Affiliated or have a situation assimilated to inscription.
  • Released from medical care following recovery.
  • The injury or mutilation must be covered by current regulations.
Amount:
  • Lump-sum compensation, the amount of which is determined by the scale established for each type of injury. The current scale came into effect on 1 January 2013.
  • The previous standard will apply to compensation related to cases prior to this date.
Payment:

The amounts that correspond to the application of the threshold are paid by the managing entity or the Social Security mutual society partner that is required to pay permanent disability benefits derived from a work-related injury or occupational disease.

Incompatibilities / Compatibilities:

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

It is compatible with income obtained as a result of employment, even when at the same company.

Deadlines:

The provincial directorate of the INSS or of the ISM, as applicable,  will issue a ruling in a maximum period of 135 days.

Forms:

Application for the permanent disability and permanent non-disabling injury pension

Documentation:

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

Where it is processed:

At the provincial directorate of the INSS or of the ISM where the interested party is domiciled.

Competent Body:
  • To declare the existence of permanent injuries: the provincial directorates of the INSS  through the   Disability Assessment Teams (EVI).
  • Payment: the competent managing entity (INSS, ISM or Mutual Society) for the payment of disability benefit resulting from work-related injuries or occupational diseases.
Other important information:

Particular features of the special schemes.

Review: Reviews may be carried out should the injuries that caused compensation for non-disabling injuries worsen, without preventing the worker from applying for entitlement to permanent disability benefits deriving  from the corresponding contingency.

When the employer is responsible, the compensation will increase from 30% to 50%, depending on the seriousness of the infraction.

In Catalonia the duties of the EVI fall to the Catalan Institute for Disability Assessment and the Disability Evaluation Commission.

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