It can happen to all of us. Life sometimes gives unexpected changes and even the most vital and health of workers are affected. The permanent disability of the self-employed usually has less coverage than if it occurs to a worker on an employee’s account. It is urgent to take measures.
It is called permanent inability of self-employed to the situation of a self-employed person who, ” after having been subjected to the prescribed treatment, has severe anatomical or functional reductions, susceptible to objective determination and predictably definite, that reduce or cancel their work capacity ” , as defined by the Ministry of Labor, Migration and Social Security.
Social Security provides a benefit to people who suffer a partial or total loss of their wages because they can not work or can only do so with limitations.
Not all cases are the same
The permanent incapacity of the self-employed person can have different degrees that diminish or cancel the ability to work. These degrees can be four, as established by Social Security:
- Partial permanent disability for the usual profession. It is considered this way when the self-employed have a 33% decrease in their professional performance: they can continue working, but not at full capacity.
- Total permanent disability for the usual profession. It is the one that incapacitates the self-employed person to carry out the usual work but can dedicate himself to a different activity.
- It would be the case, for example, of a driver who lost the vision of an eye: he could not continue with his work, but he could do others; or that of a firefighter who developed a panic disorder in front of the fire: it is clear that he could do other types of tasks.
- Absolute permanent disability for all work. It is the situation that disables the person for any profession or trade; he will not be able to do any remunerated activity. For example, someone who has to go to dialysis.
- Great disability. This is the previous case, but aggravated: the person not only can not work but also requires someone to help her in her essential acts such as eating, dressing, washing, etc. This is what happens when a worker stays in a wheelchair, after an accident, for example.
The permanent inability of the self-employed
In order to determine any degree of disability, it is necessary for a disability assessment team to issue an opinion on the definitive and irreversible impairment of health and the degree of impairment. Then, we must see what the worker is entitled to, that is, if they are going to grant him a benefit, in what amount and for how long.
For a self-employed person to be entitled to receive a benefit in case of permanent disability, these requirements must be met:
- Be aware of the payment in Social Security payments.
- Have a quoted minimum.
- Have quoted for professional contingencies (for AT, accidents at work, and for ET, occupational diseases).
Self-employed workers may access the benefits derived from these contingencies, provided that they have previously or simultaneously opted to qualify for temporary disability benefits coverage.
How much is charged?
Assuming that the self-employed person is entitled to it, the amount that can be received will depend on the degree of disability and the regulatory base used to calculate their benefit, that is, how much they have contributed.
- If the partial permanent disability is due to a common illness or a non-work accident, it is not protected.
- If the partial permanent disability is derived from an illness or a work accident, it is protected.
- If the permanent disability is total, produced by common contingencies, the worker will be entitled to 40 monthly payments calculated according to the regulatory basis of the contingencies for which he has contributed, but, hey, he must request this option within 30 days of the declaration. of disability.
- If the permanent disability is total, produced by professional contingencies (work accident or occupational disease), it will charge the equivalent of 40 monthly payments of the contribution base that it had on the date that caused the benefit.
- The self-employed worker will have a life pension if he turns 60 on the date on which the benefit arises.
The permanent disability benefit of the total self-employed for the usual profession can be increased by 20% more than the regulatory base that the self-employed had, but only if:
- The self-employed person is 55 or older.
- In the event that the disability is obtained with less than 55 years, the increase in the pension will begin to apply from the first day of the following month until the worker reaches 55 years.
- If the right to increase occurs in a calendar year after the initiation of the pension, once increased with 20%, the evaluations that have taken place since that date will also be applied.
The self-employed person who is receiving the benefit may not exercise any paid activity either on his own account or on behalf of another person.
The increase of the pension will be suspended at the moment in which a lucrative activity begins or is the holder of an agricultural or maritime-fishing operation or becomes the owner, lessee or usufructuary of a commercial or industrial establishment.
The total permanent disability pension may be replaced by a lump sum equivalent to 40 monthly payments of the regulatory base for these contingencies.
And that’s all. This is how sad the situation of permanent disability of the self-employed person can be, as it is also the lack of work of the self-employed person.
Have you stopped to think how much would you charge if you had an illness or accident? If you want, you can calculate it in our pension simulator.
If after that you are worried, contact insurance comparator and see how little it would cost you to live in peace. If you prefer, call an expert insurance broker will advise you on how you could supplement the Social Security pension for very little money per month.