Permanent invalidity

At Cumlex Lawyers, with offices in Elche, Benidorm and Torrevieja, we are concerned with processing pensions for people with work invalidities, having specialised knowledge in invalidity records. We are university experts in health law, and we have constant practice in Social Courts of Alicante.

 

What do we offer at Cumlex Lawyers?

 

  • A first visit and legal study totally free. Here we will inform you about the possibilities of success of your procedure without any cost. You will be able to meet us in person, and decide if you want to entrust your matter to our office.
  • We are specialised lawyers in permanent invalidities and university experts in health law. We have a broad knowledge of diseases and injuries and physical limitations. For a right study of your case it is important to relate these pathologies with the tasks or functions of your profession, or of any profession in case of absolute permanent invalidity.
  • Collaboration with experts in occupational medicine so that they can study the case, and they can also inform us about their medical viability. In the same way they can make expert reports and assist them as experts in legal proceedings. We also collaborate with experts in trauma, psychiatry, neurophysiology and other specialities, since it is important for us that they take part in these records of permanent invalidity.

How many degrees of permanent invalidity are there? 

  • Severe Disability: The worker is completely disqualified and also requires assistance from other person for their daily basic activities. 
  • Absolute Permanent Invalidity: The worker can not develop any type of regulated work. Therefore the victim will have the right to a pension equivalent to the integral amount of the regulatory base calculated.
  •    Total Permanent Invalidity: The worker can not develop the fundamental tasks of his/her profession. In this case very important to value which are these fundamental tasks. The recognition of total permanent invalidity gives the victim the right to receive a pension equivalent to a percentage of 55% of the regulatory base. This percentage incresse 20% if the victim is more than 55 years old and being unemployed.
  • Partial Permanent Invalidity: The worker is disabled to perform certain tasks of his/her profession but not the fundamental ones. In this case the worker must suffer 33% of disability that affects his/her work performance. The victim will have the right to receive a lump sum compensation corresponding to 24 monthly payments of the regulatory base. 
  • Permanent Non-disabling Injuries: This is only recognized when the victim have had a work accident. The victim will have the right to receive a compensation depending on the sequels or disabilities that remain after going back to work. There is a scale that calculates the compensation given.

 

What to do if you are not satisfied with the resolution or if you want us to study your disability record?

 

  • First, if you have received a resolution on your permanent disability file, remember that you have 30 working days to file your claim, so it is important that you make an appointment with the office as soon as possible.
  • If you have not received a resolution but you want us to help you during the process or you want us to initiate the procedure from the office. Please, make an appointment for its viability. 
  • You must bring all the medical documentation available to our appointment (you can request it t the public health centre or at the work accidents insurance). You must also bring all the documentation you have about your work situation (contract, payroll…).
  • If the INSS (National Social Security Institute) gives a resolution, we recommend you to go and ask for your MEDICAL SYNTHESIS REPORT in their offices. This report is very important because it is done by the EVI’s inspector (Invalidity Assessment Team) (Note, this report is different from the opinion on the proposal that comes with every resolution)

 

If you want to make an appointment or you want more information before the appointment with us, Cumlex Lawyers in any of our offices in Elche, Benidorm or Torrevieja, you can call us 966163330 or contact us under the contact area.