Concept

  • As part of the contributory system, workers who, after having undergone the prescribed treatments 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 permanently disabled. The possibility that the disabled person will recover his/her capacity to work shall not prevent him/her being classed as permanently disabled, provided that said possibility is deemed medically uncertain or a long-term prospect..

    Anatomical or functional reductions that exist on the date of the worker's affiliation with the Social Security shall not prevent them being classed as permanently disabled, provided that he/she is a disabled person 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.
  • As part of the non-contributory system, foreseeably permanent physical or psychological deficiencies, whether congenital in nature or not, that annul or change the physical, psychological or sensorial capacity of the sufferer may be considered a disability.
  • The permanent disability (PD) must derive from a temporary disability (TD), except when it affects persons who do not have protection for said TD, whether they have a status assimilated to affiliation that does not cover it, or they are assimilated to employees to whom the same circumstance applies, or in cases in which persons contract a PD when not affiliated.
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