Disability due to silicosis or pneumoconiosis is the reduction or limitation of a person's capacity to work, as defined by law, whereby the affected individual receives a type of benefit corresponding to the degree of disability recognised.
Written by Josep Conesa
Employment and insolvency lawyer
For further information, please refer to the Clinical Decision Guidelines for Occupational Respiratory Diseases: Malignant Pneumoconioses, published by the Spanish National Institute for Safety and Health at Work.
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What types of disability are recognised in silicosis cases?
Silicosis is a lung disease that has affected workers in the mining and marble-cutting industries. It has been described as "the most disabling occupational illness in many countries" — meaning it has given rise to a range of disability conditions among workers.
temporary disability (IT)
The first category is temporary disability (IT), which consists of a daily subsidy designed to replace lost income. It arises when an employee is temporarily unable to work and requires healthcare through Social Security. The cause may be a common illness or a work-related accident. The benefit takes the form of a monetary subsidy equivalent to a percentage of the regulatory base, as determined by the applicable sectoral collective bargaining agreement or company policy.
Partial permanent disability
The second category is partial permanent disability, which applies where an employee, having completed medical treatment and been discharged, presents with anatomical damage that may be permanent. In essence, these are cases where the employee has suffered a reduction in working capacity of at least 33%, but not to a degree that qualifies for the total permanent disability benefit discussed below. In this case, the benefit consists of a lump-sum payment equivalent to 24 monthly instalments.
Total and absolute permanent disability
The remaining two categories of disability will be explained through a ruling and a court order concerning two silicosis cases.
Absolute permanent disability involves the complete disqualification of the employee from all occupations and trades, on the basis that they are unable to undertake any productive activity, as their remaining abilities lack sufficient economic relevance to enter into any form of paid employment. The benefit equates to a lifelong pension of 100% of the regulatory base.
As an example, the ruling of 24 Feb. 2009, Rec. 44/2008, concerns a case of absolute permanent disability involving an employee in the mining sector employed by the company Hunosa. Analysing this ruling, the individual concerned was declared, following retirement on grounds of ill health in 2006, to be in a situation of Absolute Permanent Disability due to silicosis, and brought a claim against Hunosa and the National Social Security Institute (INSS) seeking to establish their liability and require them to pay 75% of the amount claimed.
Total Permanent Disability is the category recognised where an employee, due to their medical condition, is disqualified from carrying out the duties specific to their usual occupation, but not from performing the duties of a different occupation. The benefit equates to a lifelong pension of 55% of the regulatory base, which may increase by a further 20% once the employee reaches the age of 55 and is no longer in employment.
As an example, the Court Order of 31 Jan. 2018, Rec. 2004/2017, concerns a case in which the mutual insurance funds of Andalusia and Ceuta brought proceedings against the National Social Security Institute (INSS), the General Social Security Treasury (TGSS) and several other parties, seeking to challenge a finding of total permanent disability in first-degree silicosis cases, and to obtain a cassation appeal in order to unify legal doctrine and set aside the ruling of the Social Chamber that had dismissed the original appeal. In this case, the Supreme Court dismissed the appeal brought by the Andalusian and Ceuta mutual funds for lack of evidence, and referred the matter back to the Social Chamber to issue a ruling determining who was responsible for paying the affected worker, setting aside the finding that the National Social Security Institute (INSS) was liable — since, according to Mutua Egarsat, the National Social Security Institute (INSS) was indeed the party responsible for paying the benefit.
severe disability
Finally, there is what is known as severe disability. In this case, the employee requires the assistance of another person to carry out basic daily activities such as washing and eating. They will receive a lifelong pension equivalent to 100% of their regulatory base, of which 50% will be allocated to the person caring for the individual with the disability. To date, no case of severe disability has been recognised in connection with silicosis.
In conclusion, disabilities arising from pneumoconiosis have led many companies to pay workers these benefits, giving rise to an ongoing debate about who ultimately bears responsibility for making such payments. As specialist lawyers, we are here to help and to provide all the information we can to those affected by this situation.
If you would like further information on disability benefits, please consult the following pages:
http://www.incapacidades-abogados-invalideces.com/abogados-incapacidad-invalideces-barcelona/
https://www.discapnet.es/areas-tematicas/nuestros-derechos/preguntas-y-respuestas/incapacidades-laborales-y-prestaciones
