Incapacity for Work

Incapacity for work is a situation in which a worker is temporarily or permanently unable to perform his or her job due to an illness or injury. In Spain, this situation is regulated by the General Social Security Law and is recognized by the National Social Security Institute.

There are different types of incapacity for work, which are classified according to their degree and duration:

Temporary incapacity: the worker is unable to perform his or her job for a given period. The worker receives an economic benefit from the National Social Security Institute for the duration of the incapacity.

Partial permanent disability: this occurs when the worker suffers certain limitations in carrying out certain tasks or activities related to his job. In these circumstances, the National Social Security Institute (INSS) may grant the worker an economic benefit or indemnity as compensation for his inability to work.

Total permanent disability: this occurs when the worker is unable to perform any work related to his or her usual profession. The National Social Security Institute (INSS) may grant the worker a lifetime pension or compensation for total permanent disability.

Absolute permanent disability: this is the one that prevents the worker from performing any type of work, including those not related to his or her usual profession. In this case, the worker may receive a lifetime pension or compensation from the National Institute of Social Security (INSS).
Severe Disability: Severe Disability is understood as the situation of a worker who is already on Permanent Disability, and who, due to his or her delicate situation, is unable to perform the most basic activities without the help of another person in his or her daily life.

The process of applying for a disability can be complex, and it is important that the worker has the advice and representation of an attorney specialized in labor law. An attorney can help the worker gather all the necessary documentation, file the disability application, and represent the worker in the event of any appeals or claims.

In any event, it is important for the worker to know his or her rights and options in the event of incapacity for work and to seek legal advice to protect his or her interests and future employment.