Shoulder pathologies are one of the most frequent causes of medical leave in Spain, but few affected workers know that a limitation that prevents them from practicing their profession can open the door to a permanent disability pension. This is explained by labor lawyer Víctor Arpa, from the law firm Legal Harpwhere it details which diagnoses, under what conditions and with what economic consequences can be recognized by Social Security.
The first criterion that the lawyer analyzes is not the specific diagnosis, but its real impact on the worker’s work activity. “Pathologies in the shoulder, such as rotator cuff tears, osteoarthritis, chronic tendonitis or even sequelae of operations, can lead to permanent disability,” explains the lawyer.
The key is which functions are affected. “Normally they are in those cases in which you cannot lift your arm, carry weight or make repetitive movements and that directly affects your usual work,” details the lawyer. When this limitation prevents the worker from carrying out his profession on a sustained basis, the way to claim total permanent disability remains open.
Social Security recognizes total permanent disability when the worker cannot practice his or her usual profession. In this case, the pension they receive is equivalent to 55% of the regulatory base, although it can increase to 75% when they are over 55 years of age and have difficulty finding a new job (what is known as qualified total disability).
When the injury can give rise to 100% of the pension
There are situations in which a shoulder injury not only prevents regular work, but any type of work activity. For these cases, Arpa explains that there is the possibility of obtaining absolute permanent disability, which is a degree higher than total.
“If the injury is serious and, for example, causes constant pain, lack of total or very limited mobility and you cannot do any type of work, it could even be achieving an absolute permanent disability, collecting 100% of your pension and exempt from personal income tax,” the lawyer says.
This tax exemption converts the benefit into a net income higher than that of other contributory pensions that are taxed. For a worker with an average regulatory base, the difference between a total permanent disability taxed by personal income tax and an absolutely exempt one can mean several thousand euros per year in the Income Tax return.
Arpa speaks from experience. “In the office we have obtained disabilities for waiters, caregivers, warehouse workers, cleaning staff, all with real shoulder limitations,” says the lawyer.
These profiles have one characteristic in common: their daily activity requires lifting their arm, carrying weight or constantly performing repetitive movements. When a shoulder injury makes these tasks unfeasible, the fit with the medical criteria of the INSS Disability Assessment Team is more direct than in other groups.
The lawyer ends by recommending not to wait. “You cannot continue working with pain that prevents you from performing your duties because in the end the one who is subject to a risk to your health is you,” warns Arpa. “Your health comes first, you are not alone.”
The claim for permanent disability due to a shoulder injury begins with the application to the National Social Security Institute, which evaluates the case through its Disability Assessment Team. If the resolution is negative or the recognized grade does not correspond to the worker’s real situation, the decision can be appealed through the courts.