Permanent disability due to work accident

There are many people who suffer accidents at work, or outside, that prevent them from continuing with their work normally, but having little information, they are fired for not being able to comply, or they resign themselves.

It is important to know that the law offers an economic benefit to those workers who, due to an injury, cannot continue to fulfill their work tasks.

If you suffer serious anatomical or functional reductions that prevent you from doing your job or that make it very difficult for you (whether you have had an accident at work or not).

And you have already done the corresponding medical treatment to treat this disability, but you continue with the same problem, you are eligible to request an economic benefit called “Permanent disability” In this article we will explain if they deserve this benefit, and how to request it.

Can I apply for permanent disability benefit?

labor accident

The first thing to know is that there are different degrees of disability, these are: partial, total, totally qualified, absolute and severe disability.

That is why doctors can ask you for different studies depending on which one you have, but if you meet these points that we are going to discuss now, then you can request the benefit:

  1. Chronic (permanent) disease.
  2. Serious pathology and without possibility of recovery.
  3. Recent, detailed and consistent medical reports.
  4. Your illness or injury must nullify or reduce a large percentage of your ability to do your job

How do I apply for permanent disability benefit?

1) At the request of the interested party. You have to comply with the models and documentation required by the INSS.

2) At the request of collaborating entities (Example: Work Accident Mutuals)

3) At the initiative of the managing entity, the most common in this case is the INSS.

After starting the process, medical tests and/or documentation will be requested if necessary.

Then the valuation team will issue a resolution including the degree of disability, the amount of money provided and a term to see if the disability improves or worsens, to re-determine if the degree of disability and the amount delivered are still in accordance with the disability suffered.

If you suffer from disability, and the INSS does not grant you permanent disability, you can always go through the courts.

For these cases, we recommend you to have a good lawyer specializing in work accidents, so that you can develop your case correctly and get the amount you deserve for your injury.

You had an accident at work. What rights do you have?

It is normal that, when having an accident at work, the first thing that comes to mind is how much compensation will be and what my rights would be in that particular case.

In fact, sometimes people don’t even have a clue that they’re entitled to compensation, and sometimes two or three.

The most frequent doubts that arise when suffering an accident at work are:

Can you be fired during sick leave? How much will you receive during sick leave? After you are discharged, what happens if you are unable to return to work? Who will be in charge of paying you during the sick leave? What pension will you have in the event that your incapacity for work is recognized? etc.

What should I do if I suffer an accident at work?

Here is an explanation to follow in case you suffer an accident at work.

In the first instance, when the accident occurs at work or on the way to it, the person affected must immediately contact the Mutual. Although in case the injuries are very serious, the affected person should be transferred to a nearest hospital immediately.

Whatever the case, you must go with the medical report you received from the Mutual. The company is the one that has the responsibility to report the accident to this entity.

The term will be five (5) days and in the event that the injuries are serious, it will only be 24 hours.

Rights of the worker in case of suffering an accident at work

Workers who suffer an accident at work enjoy a series of rights before the law.

These rights are the following:

Right to medical assistance

Every worker who is injured for work reasons has the right to receive medical assistance.

This will include everything pertinent to what is necessary for the recovery of your health, such as:

Treatments, rehabilitation and surgical interventions if required and necessary.

Right to benefits for incapacity for work

If the accident implies a temporary medical leave for the worker, then he has the right to receive an economic benefit for temporary incapacity for work.

This is contemplated in the Workers’ Statute.

Compensation for the death of the worker

If the employee or worker dies as a result of a work accident, his widow, widower and children have the right to receive compensation and also the right to receive the pensions they have the right to request.

The amount of this compensation will be equivalent to 6 months of pension. In the case of children, it will be the one that is equivalent to one month of pension.

Compensation for a permanent disability

If the accident that occurred to the worker makes it impossible for him to perform his usual job or even work in any other way or in another profession, then he will have the right to request permanent disability and will also have the right to receive compensation for said disability.
Compensation for an undefined physical injury

In the event that the worker or employee suffers a physical injury, whether it be mutilation or a chronic deformity as a result of an accident at work, he is entitled to receive compensation with the sole condition that he has not been granted permanent disability.

The amount that the worker will receive for this compensation will depend on the degree of affectation and severity. This amount will be trusted with consideration in a scale.
Compensation by collective agreement

If you suffer an accident, this type of compensation can be given if the company’s collective agreement establishes it.
Compensation for fault on the part of the employer

In the event that the work accident occurs due to irresponsibility of the employer, then compensation for physical, material or psychological damage may be requested in some cases.

This type of compensation is governed by the civil code, and in the event that the worker dies, family members may request it.

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