Occupational incapacity
During our working life we acquire the knowledge and personal skills that enable us to carry out the tasks of one or more jobs. Due to life circumstances, this professional competence may become limited to the point of leaving us professionally incapacitated.
What do we offer at Gómez Barroso Abogados?
We analyse your case in depth and guide you on the most suitable legal options, with a clear and realistic approach from the very first moment.
We act firmly against insurers, companies or public authorities, always seeking the best solution for your interests, whether through an out-of-court settlement or legal proceedings.
We handle the entire process: from the initial assessment to the final resolution of the case, supporting you at every stage with technical rigour and personalised attention.
What contribution periods are required to qualify for a permanent incapacity pension under the General Scheme?
Where the incapacity arises from an accident (whether occupational or non-occupational) or from an occupational illness, no prior contributions are required up to the triggering event.
A total of 1,800 days of contributions within the 10 years prior to the date on which the temporary incapacity from which the permanent incapacity derives came to an end.
- If under 31 years of age: one third of the time elapsed since turning 16, up to the date of the triggering event.
- If 31 years of age or older: a) One quarter of the period elapsed since turning 20 years of age, up to the date of the triggering event (with a minimum of 5 years). b) One fifth of the required contribution period must fall within the last 10 years prior to the triggering event (except in certain cases where a different starting date is taken into account for calculating the preceding 10 years).
What degrees of permanent incapacity exist?
Partial Permanent Incapacity for one's usual occupation
Cause the worker a reduction of 33% or more in their capacity to perform their usual work.
Partial Permanent Incapacity for one's usual occupation
Render the worker unable to carry out their usual occupation,
Absolute Incapacity for all work
Renders the worker unfit for any occupation.
Severe Disability:
When the worker requires the assistance of another person for the most basic and essential activities of daily living.
Non-Disabling Permanent Injuries
These are injuries, deformities or mutilations that reduce the worker's physical integrity, caused by occupational illness or workplace accidents, but which do not amount to a permanent incapacity. These injuries carry a lump-sum payment recognised by Social Security.
Partial Permanent Incapacity for one's usual occupation
Cause the worker a reduction of 33% or more in their capacity to perform their usual work.
Real results that back up our work
Learn about some of the cases in which we have helped our clients obtain the compensation or solution they were entitled to.