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Disability

There are various situations of disability for State Civil Servants. These are contemplated in Legislative Royal Decree 4/2000, of 23 June

The medical cover for mutual society members also includes recognition of those situations in which the civil servant cannot return to work. The situations of disability we will look at are:

  1. Temporary disability benefit
  2. Medical recognition in the event of denial of leave for temporary disability
  3. Severe disablement allowance
  4. Indemnity for permanent non-disabling injuries
  5. Procedure for recognising rights stemming from work-related accidents and disease while in active service

Temporary disability benefit

Temporary disability benefit is aimed at compensating for the reduction in income of a mutual society member after 91 days in a situation of temporary disability, when the organisation in which they work stops providing sick leave pay. The staff body declares the situation of temporary disability by means of medical leave, based on medical reports that prove that healthcare has been provided by MUFACE.

Medical recognition in the event of denial of leave for temporary disability

This is a case in which the mutual society member has been denied sick leave for temporary disability, because there is a contradiction between the discharge and the meaning of the report issued by the medical units that depend on or collaborate with the personnel body that issues the licence. In this case, the mutual society member can choose, through by communicating with the above-mentioned personnel body, to obtain from MUFACE an assessment of the case for the Medical Monitoring Units.

The result of this assessment will be binding for the new resolution to be dictated by the personnel body, which, in accordance with this assessment, will either confirm the denial of the leave or revoke the initial resolution, proceeding to grant the leave from the date when the revoked resolution came into effect.

An appeal may be lodged against the new resolution, without which, in no case, can a new medical assessment be forced.

Severe disability benefit

The benefit for severe disability is a monthly financial allowance for mutual society members qualified as “severely disabled”

It is produced when the mutual society member retires for permanent disability, for anatomical, or functional loss, meaning they must be assisted by another person to carry out the most basic life activities.

The amount of this benefit is equivalent to 50% of the entire pension amount that is credited to the member in the pension salary at all times.

Indemnity for permanent non-disabling injuries

It is the single payment of an indemnity for injuries produced in active service and qualified by the Disability Assessment Team, which is definitive in nature and that constitutes a physical alteration without meaning retirement from the service for permanent disability.

The amount of this indemnity is a single compensation payment of one of the following amounts:

  • that which results from the Scale established by the General Social Security System if it does not constitute a permanent partial disability.
  • If the injuries constitute permanent partial disability for the member's usual function, 24 monthly payments of the current contribution base in the first sick leave period or, failing that, in the month when the accident in active service occurred.

Procedure for recognising rights stemming from work-related accidents and disease while in active service

This procedure is in initiated when the mutual society member has suffered an accident in active service or an occupational disease.

It is necessary to specify what is understood by the terms accident in active service and occupational disease. This is defined in the Order that regulates this procedure, Order APU/3554/2005, of 7 November

Article 1 of this Order defines these two concepts:

Accident in active service: is that which occurs on the occasion or as a result of active service to the Administration, in accordance with that specified in Section 2, of Article 59 of the General Regulation on Administrative Mutualism

Occupational disease: that contracted by the mutual society member as a result of their service to the Administration, in the activities that are specified in the statutory standards of the General Social Security System or other standards issued for this purpose, provided it is caused by the action of the elements or substances determined in said regulations for each occupational disease, as indicated in Article 60 of the General Regulations on Administrative Mutualism.

Subsequently, a document is drawn up to be used by the Personnel Bodies of the various Public Administrations, on the occasion of the initiation of cause investigation dossier, to notify the MUFACE Provincial Service and the corresponding Prevention Service, of the accident the mutual society member has suffered.

Once the dossier has been initiated, this will continue in the manner considered in ORDER APU/3554/2005, of 7 November

The rest of the social welfare benefits to which MUFACE members have access are as follows:

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