Understanding Permanent Disability Benefits
Permanent Disability Benefits
1. Total Permanent Disability
This disability prevents a worker from performing the fundamental tasks of their usual occupation, even if they can take up a different one.
Requirements:
- Be employed or in an equivalent situation at the time of the disabling event.
- If the disability is due to illness, a minimum contribution period is required, varying depending on age:
- Under 26 years: Half the time elapsed between turning 16 and the disabling event.
- 26 years or older: A quarter of the time elapsed between turning 20 and the disabling event, with a minimum of 5 years.
- One-fifth of the required contribution period must fall within the 10 years immediately preceding the event.
- No contribution period is required for work-related accidents or occupational diseases.
Benefit:
A monthly pension of 55% of the base salary, potentially increased by 20% for those over 55 with difficulty finding employment in any activity other than their usual one.
Base Salary Calculation:
- Illness: The base salary is calculated by dividing the contribution base of the 96 months preceding the event by 112. For those under 52, the base salary is calculated by dividing the sum of the contribution bases for the required months by the number of months, multiplied by 1.1666.
- Non-work-related accidents: The base salary is calculated by dividing the sum of the bases of 24 uninterrupted months (chosen by the applicant within the seven years preceding the event) by 28.
- Work-related accident or occupational disease: The base salary is the employee’s real wages (including bonuses and non-recurring accruals) during the previous year, divided by 12. Bases from the 24 months preceding the event are counted at face value; remaining bases are updated according to the Consumer Price Index.
Missing contribution months are integrated with the existing minimum contribution for 18 years.
Lump Sum Payment:
Exceptionally, the pension may be replaced by a lump sum if:
- The beneficiary is under 60 and requests it within three years of the pension’s approval.
- No change in disability is expected.
- The beneficiary will work or become self-employed, or the compensation will be invested in new income sources as a self-employed worker.
The lump sum is capped at 84 monthly pensions for beneficiaries under 54 and at least 12 months for those aged 59.
Total permanent disability ends employment, but reinstatement is prioritized upon recovery of working capacity.
2. Permanent Incapacity for All Professions
This disability completely prevents the worker from any profession or trade.
Requirements:
- Minimum contribution period is the same as for total permanent disability.
- Being employed at the time of the disabling event is not required.
- For non-employed individuals, a 15-year generic contribution period is required, with 3 years within the 10 years preceding the event.
- No contribution period is required for accidents or occupational diseases.
Benefit:
A pension amounting to 100% of the base salary.
Base Salary Calculation:
- Employed: Calculated as for total permanent disability.
- Non-employed (illness or non-work-related accident): Calculated by dividing the contribution base of the 96 months preceding the event by 112. Base update and gap integration rules for total disability apply.
- Work-related: Same rules as for total disability.
3. Severe Disability
This is permanent disability requiring assistance for basic daily acts (dressing, traveling, eating, etc.).
Requirements:
Same as for permanent incapacity for all professions.
Benefit:
A monthly pension of 100% of the base salary, plus 50% for the caregiver. This 50% can be substituted for care in a public institution upon request.
Base Salary Calculation:
Same rules as for total disability.
4.-GRANINVALIDEZ: Defined as the worker’s situation affect permanent disability and, in consequence of anatomical or functional loss, need the assistance of another person the most basic acts of daily living (dressing, traveling, eating, or the like.) requirements to be eligible for severe disability allowance will be the same as for absoluta.La invalidity benefit shall be a monthly pension, the amount shall be 100% of base salary, plus 50% intended to reward the person who answers the great inválidoA request of the severely disabled person or their legal representatives may be authorized, if deemed appropriate the benefit thereof, the substitution of increased 50% for accommodation and boarding care in a care institution’s public security system Social.La base is calculated by applying the same rules as for the total disability.