If the situation is recognized for an additional 180 days, when that period has elapsed, it will go through the same court, which can decide the same thing, since an extraordinary extension of 180 days is possible. Permanent disability is the situation that occurs in people who have exhausted all therapeutic options (medical, surgical, rehabilitation) and who find their ability to develop their usual work or other professional activity limited or unable to do so. In our environment, incapacity for work is defined as an imbalance between functional abilities and the demands of the workplace, it can be a temporary or permanent imbalance, so it is necessary to consider a person as disabled that the disability that the present represents prevents the development of his work. On the other hand, disability is recognized by the National Social Security Institute (INSS). The application may have been submitted by the employee, automatically by social security or on the proposal of the mutual insurance company. Classes of Disability A) Temporary Disability (TI) Temporary disability is what is colloquially referred to as “leave of absence”. Either by a common illness (or an accident not related to work), or by an accident at work or an occupational disease. As long as the employee is temporarily disabled, he cannot work and receives medical care from social security. If the employee is reviewed by the Review Tribunal after the specified time frame and understands that the disability situation will be permanent, a pension may be claimed. The classification of the degree of disability will be independent of the technical assessments of other agencies, and the assessment of disability, expressed as a percentage, will be carried out by applying the scales accompanying these RDs in its Annex IA, setting standards for assessing the consequences of the disease according to the model proposed by the CIDDM, and establishing guidelines for determining disability. Because of the persistent weaknesses of the various bodies and systems, the severity of restrictions on activities is the basic criterion used in the development of these scales. Professional incapacity: An incapacity for work can be derived from an organic disability or dysfunction.

Choosing the ratio between organic-functional factors and work in each specific case, we can formulate the following: disability is measured as a percentage (the legal minimum is 33%) and permanent disability in degrees (partial / total / absolute / severe disability). Disability in the workplace is the situation in which, depending on the degree of disability, an employee is unable to perform work or other work. If the employee`s recovery does not occur after 365 days, the avenue would be clear for the disability to become a permanent disability after the INSS has assessed it. ICF is based on the integration of the medical and social models for disability, so that it can be defined as the result of a complex relationship between a person`s health and the personal and external factors that represent the circumstances in which that person lives. In addition, Legislative Decree 1/2013 stipulates in its art. 4.2 That persons with a permanent, total, absolute or severely recognized disability benefit from a disability card equivalence of 33% or more, but not for all purposes, but in terms of equal opportunities, non-discrimination and universal accessibility. On the contrary, we understand permanent disability as the situation in which a worker suffers from an injury or illness that prevents him from carrying out a normal professional activity and therefore receives a monthly pension. Always.

It can take the form of a monthly payment or compensation, but having a disability means being retired, not like with a disability. Let us now turn to the controversy in this case. According to the law, all persons who have a recognized degree of permanent disability automatically receive a 33% disability certificate. But it`s not as easy as it sounds. Because you do not have the same rights if you have this type of certificate as if you held a certificate issued by social services. They do not have the same validity. If a disability or disability is not recognized administratively to the extent that you do not agree, a lawyer can assess and advise you in your case. A low deficit or a non-disabling functional impairment at a general level can lead to specific occupational disability, especially in productive sectors with very specific and/or specific needs. At the end of the maximum duration of temporary disability (365 days, which may be extended by an additional 180 days if it is expected that, within these 180 days, medical leave can take place for recovery): The INSS must assess the person concerned for the purposes of his qualification, if necessary in the appropriate degree of disability, although this qualification may be delayed for the exact period up to a maximum of 730 days. – The same person in a wheelchair may have a disability that prevents them from moving their legs. Ten years ago, he had a car accident and hasn`t been able to walk since.

Despite his disability, he is an active worker as he is the physiotherapist for a selection of Paralympic athletes. Therefore, disability is not the same as disability. In other words, you can, for example, have a 33% disability recognized due to certain visual difficulties. However, if it does not interfere with the task of performing work, because glasses restore visual acuity or because the existing percentage is not relevant, you cannot calculate a permanent disability. Similarly, disability pensions are contributory because they are based on citizens` contributions, while the disability PNC is non-contributory and of low level. To obtain a certificate of disability, even if you are assigned to a permanent disability, you must undergo an assessment by the Department of Social Services of the Autonomous Community where you live. This review performs a specific measure of latent impairments. The concepts of disability and disability in our environment have changed over the past two decades, as has their relationship to other terms that refer to changes in health status. In the workplace, employees with disabilities and disabilities may coexist, but their situation is by no means the same. According to the law, companies must integrate into their workforce, at least 2% of people with disabilities will be active employees within the organization of the company with their rights and obligations. In the meantime, employees with disabilities are employees of the company who are on vacation; Of course, disabled persons, if they are workers who are covered by social security, are entitled to disability whenever necessary. As explained in the previous point, in 2019, the Supreme Court concluded that a disability directly related to a disability is not and is not currently suitable for all purposes.

And he clarified that this type of disability, say, from the INSS, only covers the effects of Law 51/2003 (on equal opportunities, non-discrimination and universal accessibility). In 2001, WHO approved the International Classification of Functioning, Disability and Health (IPC),1 which looks at disability from a broader perspective, as the term “disability” refers to the negative aspects of the interaction between an individual`s health and contextual factors (environmental and personal) and is used as an umbrella term that includes impairments in bodily functions and structures. Activity Restrictions and Participation Restrictions.