Types of violence in the workplace
First of all, you should bear in mind that in order for the situation you are considering to arise: to go from total permanent disability to absolute disability, you would have to request a review of your disability situation, and the National Institute of Social Security would be the competent body to issue a decision in this regard.
Assuming that you were granted absolute permanent disability, as far as the regulatory base is concerned, it would be the same as the one currently taken into account to calculate your pension. You should bear in mind that the fact that caused the disability is the same, only that it has suffered an aggravation. Therefore, neither the way of calculating the regulatory base nor the contribution bases would change in this respect. What would change would be the percentage that you would receive of the regulatory base, since absolute permanent disability generates the right to a lifetime pension equivalent to 100% of the regulatory base, instead of the 55% that you have been receiving up to now.
Permanent Disability Table
These conditions in themselves have important exceptions that are explained below. Although beforehand it is essential to clarify that these three points are also the requirements for absolute permanent disability in self-employed workers.
The worker must be registered in the Social Security system. In other words, working and paying contributions. Or he/she can also be in one of the situations known as assimilated to registration: on medical leave, collecting unemployment -both the most common-, on forced leave, with the special agreement, in early retirement, on maternity or paternity leave, being a victim of gender violence, etc.
An exception arises here: if that person has already reached ordinary retirement age but does not meet the requirements to apply for a retirement pension, if the contingency is not an occupational contingency, he/she may also apply for permanent disability to the absolute degree.
The amount of the monthly payments will be 100% of the regulatory base. However, this depends on the contribution bases paid by the employer for the worker, or on the self-employed contributions in the case of self-employed workers. The calculation of the regulatory base, in the case of absolute permanent disability, is made in the following way:
Examples of total permanent disability in mexico
Some 6,200 people live in this area and grow crops on three ecological levels: low, medium and high. The potato, which used to grow in the middle, at 3,800 meters, has moved to 4,000 meters in search of the cold: the warming of the soil has generated this displacement and new pests, among other damages.
“We planted 15 varieties between 3,700 and 4,515 meters and the lower plots were no longer suitable, weevils, black leaf spot and potato wart appeared. Five varieties were planted with gypsum – which increases the tuber’s calcium – or with guano (excrement) from barnyards, and they resisted the drought and diseases better,” the technician describes.
In the greenhouse of the Paruparu community, the potato arariwa (guardians, in Quechua) reproduce and store hundreds of varieties of tubers and seeds. “In addition to the 778 varieties collected locally, we have 410 that we have repatriated from the International Potato Center, and 56 that come from Ayacucho (a department adjacent to Cusco),” says community member and technician Pedro Condori.
Cases of total permanent disability
In these cases, the degree of disability can be maintained, reduced, increased or withdrawn. There is no non-reviewable total permanent disability, although if it is won in court, it is less frequent that it is reviewed.
Both could have another type of employment that is not influenced by their physical limitations. A concrete example would be total permanent disability due to shoulder tendinitis, but there can be as many ailments as there are files.
In general, case law has been establishing that the usual occupation is not necessarily the one that coincides with the specific and concrete tasks carried out in a job, but the one made up of the functions for which the worker is qualified, that is to say, those that from an objective point of view make up the exercise of his or her profession.
In the event that the amount of the total disability benefit is higher than the amount of the temporary disability benefit that the worker was receiving, the economic effects will be retroactive to the date of termination of the benefit.