Lawyer for incapacity for work in Oviedo, Ribadesella and Llanes
Lawyer for incapacity for work in Oviedo, Ribadesella and Llanes
At our firm, Arias de Velasco, we are dedicated to providing legal advice in cases of incapacity for work, ensuring that the rights of workers are protected and respected at all times. Our mission is to provide comprehensive legal support for those who face situations of incapacity in the workplace.
You will be contacted by a specialised employment disability lawyer to discuss your case on an individual basis, define the context and particularities of the situation, and draw up a strategy for action.
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Types of incapacity for work
Temporary incapacity (TI)
Temporary incapacity is a situation in which the worker is temporarily unable to work due to a common illness, non-work-related accident or accident at work. During this period, the worker receives a financial benefit from the Social Security.
Permanent Incapacity (PI)
Permanent incapacity refers to the situation in which the worker, after having undergone medical treatment and rehabilitation, presents sequelae that prevent him from continuing with his usual work or any other work activity. It is classified in various degrees:
- Partial permanent disability: The worker can perform some work tasks, but with limitations.
- Total permanent incapacity: The worker is unable to carry out his/her usual work, but can perform other work activities.
- Absolute permanent incapacity: The worker is totally incapacitated for any type of paid work.
- Severe disability: The worker needs the assistance of another person to carry out basic activities of daily living.
Invalidity
Disability is a situation of permanent incapacity for work resulting from a common illness or non-occupational accident, which may give rise to an entitlement to a disability pension.
Whatever the case may be, advised by a labour disability lawyer from our labour law department in Oviedo, Ribadesella and Llanes, we will determine which of the aforementioned cases corresponds to the client's situation and we will act legally along those lines with the aim of obtaining the greatest benefit for him or her.
Disability lawyers in Oviedo and Asturias
Steps to follow when we are in a process of incapacity for work. It is necessary to differentiate between administrative proceedings and legal proceedings.
Administrative procedure
Application for recognition of incapacity
The procedure begins with the application for recognition of incapacity before the National Social Security Institute (INSS).
Medical evaluation
The INSS or ISM will carry out a medical assessment of the worker to determine the degree of incapacity. To do so, they may request medical reports, diagnostic tests and other relevant documents.
Administrative resolution
Once the medical assessment has been completed, the INSS or ISM will issue an administrative resolution recognising or denying the disability requested, specifying the degree and type of disability, as well as the corresponding benefits.
Administrative appeals
In the event of disagreement with the administrative decision, the worker may lodge administrative appeals for reconsideration and reconsideration with the INSS or ISM.
Legal proceedings
Lawsuit
If administrative appeals are unsuccessful, the worker may initiate legal proceedings by filing a lawsuit in the Social Courts.
Holding of trial
A trial will be held at which the medical and documentary evidence presented by both parties will be reviewed.
Court ruling
Once the trial has concluded, the Social Court will issue a ruling on the worker's incapacity for work, recognising or denying it.
Legal remedies
In the event of disagreement with the court ruling, appeals for judicial review may be lodged with the corresponding High Court of Justice and, as a last resort, an appeal in cassation may be lodged with the Supreme Court.
Our services
Our incapacity lawyers in Arias de Velasco offer comprehensive legal advice in cases of incapacity for work, from the initial application to representation in legal proceedings. Our team of disability lawyers specialising in Oviedo, Ribadesella and Llanes are here to help you protect your rights and obtain the benefits to which you are entitled.
Contact with us in Oviedo, Ribadesella and Llanes
If you need legal advice in cases where an incapacity for work lawyer is essential, do not hesitate to contact us. We are here to help you through the whole process.
Madrid | Calle Treviño, 7, 2-izq, 28003
Oviedo : Calle Marqués de Pidal ,7, 1-izq, 33004
We are also located at Calle Falua 75, 33347, Ribadesella, Asturias.
