Non-disabling permanent lesion: what is it and how can I claim it?
If a worker suffers a lesion that persists after medical discharge and does not disable them from working, this is a non-disabling permanent lesion. In this post we tell you in detail what it is, what requirements must be met to apply for the benefit and how it can be claimed.
What are non-disabling permanent lesions?
LPNI are regulated in articles 201 to 203 of the General Law on Social Security, which defines non-disabling permanent injuries as injuries, mutilations and deformities of a definitive nature, caused by accidents at work or occupational diseases which, without constituting permanent incapacity, entail a reduction or alteration of the worker’s physical integrity.
What kind of benefit does this non-disabling permanent lesion entail?
This is a compensatory compensation, at a flat rate, the amount of which is set out in the scale of 29-003-2016 established by the Worker’s Mutuals, to determine the benefits derived from occupational diseases, and which is recognised only once, to the worker who has suffered this lesion, mutilation and deformity of a definitive nature, but can continue with their usual work.
At this point it is important to differentiate the delicate line that separates this benefit of non-disabling permanent lesion, contemplated in the schedule of rates, from partial permanent incapacity.
If the worker suffers a chronic reduction of less than 33% of his/her normal performance for his/her usual profession, and does not have functional reductions that prevent him/her from carrying out his/her professional functions normally, we will be talking about this flat-rate financial compensation according to the scale. On the other hand, if the reduction suffered by the worker is not less than 33% of his/her normal performance for his/her job and he/she is unable to carry out the functions he/she had been performing previously, we are talking about a benefit of 24 monthly payments of the regulatory base that contemplates partial permanent incapacity.
According to Article 202 of the General Social Security Law, the beneficiaries are workers who are included in the General Social Security Scheme and who meet the following requirements and have been medically discharged.
Who pays this benefit?
The amounts corresponding to the application of the scale are paid by the managing body or mutual society collaborating with the Social Security.
What conditions must be met in order to receive a benefit for a non-disabling permanent lesion?
In order to be considered entitled to a benefit for a non-disabling permanent lesion, a number of conditions must be met:
- The worker must be in a situation of being registered or assimilated to registration.
- The lesion must be included in the Non-disabling Permanent Lesions scale. In this sense, each lesion is attributed to a financial benefit which is assessed by the so-called medical tribunal (“EVI” – Disability Assessment Team) of the National Institute of Social Security.
- The lesion must be the result of an accident at work or an occupational disease.
- The benefit to be received must be compatible with other benefits received by the person concerned. In this sense, Article 203 of the General Law on Social Security establishes that the compensation for injuries, mutilations and deformities established by law will be incompatible with the financial benefits for permanent incapacity, unless the injuries, mutilations and deformities are independent of those that have been considered to declare the permanent incapacity.
How do I claim Permanent Non-Disabling Lesions Benefit (PDNI)?
To apply for the Permanent Disabling Lesions Benefit, it is necessary to check that the requirements we have seen are met and that the affected person or their legal representative submits an application together with all the supporting documentation to the Social Security Office.
The EVI will draw up an opinion and may make any necessary revisions and the National Social Security Institute will issue a decision granting or refusing the benefit. If the benefit is granted, the decision will contain all the time limits and the amount of the benefit.
It is important to consider that most cases are rejected, but it is possible to file a complaint.
In the event that you have suffered a non-disabling permanent lesion, you can seek the help of a consultancy to help you apply for a Social Security benefit or to claim the benefit in the event that you are refused.