Partial permanent disability can be recognized when, after a work accident or occupational disease, the worker is left with a permanent impairment that reduces their ability to work or earn income, without completely preventing them from carrying out a professional activity.
The calculation of compensation for partial permanent disability It doesn't depend solely on the percentage assigned in a medical assessment. It's necessary to consider the worker's annual salary, the degree of disability, the nature of the resulting impairment, their age, and the legal method of payment for the benefit.
In some cases, the worker receives an annual pension. In others, this pension is converted into a lump-sum payment. Therefore, a proposal presented by the insurance company should not be evaluated solely on the final amount. It is important to confirm that the remuneration, the percentage of disability, and other factors have been correctly considered.
Support from Lawyers This can be relevant when there are doubts about clinical discharge, medical evaluation, benefit calculation, or rights arising from the accident.
What is partial permanent disability?
Permanent partial disability, often identified by the acronym PPD, corresponds to a permanent reduction in the ability to work or earn a living.
It is permanent because the injuries are clinically stable and a full recovery is not expected. It is partial because the worker retains some ability to perform their job or other activity.
Permanent partial disability (PPD) can result, for example, from loss of mobility, reduced strength, persistent pain, limited movement, neurological injuries, partial loss of vision or hearing, scarring, amputations, or psychological disturbances related to the accident.
The worker can return to the same position and still be entitled to benefits. The existence of disability does not depend exclusively on ceasing work or receiving a lower salary.
What is at stake is the permanent reduction in functional and professional capacity caused by the after-effects.
Difference between temporary and permanent disability
Following a workplace accident, a worker may experience varying periods of disability.
Temporary disability exists while treatments are underway, and it is not yet possible to determine with certainty what the permanent consequences will be. It can be total, when the worker is unable to perform any activity, or partial, when they are able to work with limitations.
Permanent disability is determined after the medico-legal consolidation of the injuries. This consolidation does not necessarily mean that the worker is cured. It means that the clinical situation has stabilized and that it is now possible to assess the limitations that will remain.
Permanent disability can be partial or total. Total disability can refer to the usual job or to any and all professions.
Each type of benefit results in different benefits. For this reason, it is essential to confirm whether the assigned classification truly corresponds to the worker's clinical and professional status.
How is the percentage of disability determined?
The percentage of disability is not freely chosen by the insurer, the employer, or the employee.
The assessment is based on the National Table of Disabilities due to Workplace Accidents and Occupational Diseases, approved by... Decree-Law No. 352/2007, October 23rd.
The table contains coefficients applicable to different injuries and limitations. However, the assessment should not be limited to identifying an injury and copying a percentage.
Specific consequences, mobility, pain, strength, affected function, age, profession, and how the limitation interferes with the activity performed should be considered.
In certain situations, a bonus factor may be applied. Its application depends on the assumptions set out in the National Disability Table, namely age and difficulties in professional retraining.
Two people with seemingly similar injuries may therefore receive different assessments.
Who determines permanent partial disability?
In the initial phase, the worker is usually evaluated by the insurer's clinical services. After the injuries have stabilized, a discharge report may be issued indicating the proposed disability.
This proposal does not definitively bind the worker or the court.
In emerging workplace accident cases, disability can be assessed through a medical examination conducted as part of the legal proceedings. When there is no agreement on the percentage, a medical board may be requested.
The medical board is typically composed of medical experts and is intended to assess the after-effects, the link to the accident, and the degree of disability.
The result must be assessed by the court, which determines the disability and the benefits due. If the worker disagrees with the assessment, they must react through the appropriate means and within the applicable time limits.
How to calculate a pension for partial permanent disability?
In workplace accidents, compensation for partial permanent disability is regulated by... Law No. 98/2009, September 4th.
In general terms, the annual pension corresponding to a permanent partial disability (IPP) is calculated using the following formula:
Annual compensation x 70% x percentage of disability
The percentage must be converted to a decimal number. Thus, a disability of 10% corresponds to 0.10 and a disability of 25% corresponds to 0.25.
This calculation allows you to determine the annual pension amount. It does not necessarily correspond to the amount that will be immediately paid to the worker, because there may be a periodic pension or a redemption capital.
Example of calculating partial permanent disability.
Consider a worker with a relevant annual remuneration of 20,000 euros and a permanent partial disability of 10%.
An approximate calculation would be:
20,000 euros x 70% x 10% = 1,400 euros
In this example, the annual pension would be 1,400 euros.
If the disability were 20%, maintaining the same annual compensation, the calculation would be:
20,000 euros x 70% x 20% = 2,800 euros
The annual pension would, in that case, be 2,800 euros.
These examples are for illustrative purposes only. The amount actually due depends on the legally relevant compensation, the established disability, the date of the accident, and the applicable payment method.
How is annual compensation calculated?
The compensation used in the calculation may not correspond solely to the monthly base salary.
As a rule, payments received on a regular basis should be considered, including holiday and Christmas bonuses and other remuneration components covered by the legal regime.
Depending on the situation, the following may be relevant:
- base salary;
- meal allowance;
- seniority bonuses;
- Shift allowance;
- Regular night work;
- commissions;
- regular prizes;
- other payments made regularly.
The inclusion of each item depends on its nature and regularity. Occasional amounts, expense reimbursements, or payments that are not considered remuneration may not be included in the calculation base.
A common mistake is to use only the base salary, ignoring regular supplements. This error reduces the annual pension and, consequently, the redemption capital.
It is advisable to gather payslips prior to the accident, the employment contract, tax returns, and other documents that can demonstrate actual remuneration.
What is redemption capital?
The redemption capital is the amount paid in a lump sum in lieu of future periodic payments.
It is not simply a matter of multiplying the annual pension by the number of years remaining until retirement or by life expectancy.
The calculation uses legally defined tables and factors, taking into account elements such as:
- annual pension amount;
- worker's age;
- date from which the pension is due;
- applicable redemption coefficient.
As a rule, pensions corresponding to a permanent partial disability of less than 30% are mandatorily redeemed. This means that the worker receives a lump sum instead of periodic payments for the rest of their life.
There are also other situations in which redemption may be mandatory or partial, depending on the pension amount and legal criteria.
Since the coefficients vary depending on age, two people with the same income and the same percentage of disability may receive different amounts of money.
Can the compensation include other amounts?
The pension or redemption capital does not necessarily exhaust all of the worker's rights.
Depending on the consequences of the accident, benefits related to the following may also be due:
- medical and surgical treatments;
- medications;
- Physiotherapy and rehabilitation;
- travel for appointments and examinations;
- Prostheses and assistive devices;
- Workplace adaptation;
- professional training or retraining;
- compensation for temporary disability;
- subsidy for situations of high disability;
- Supplementary benefit for third-party assistance.
It is still necessary to verify whether the payments relating to the period of temporary incapacity have been calculated correctly.
When an accident results from a violation of safety rules by the employer or from legally relevant culpable conduct, aggravated liability may exist. This situation requires specific proof and may alter the compensation regime.
For a broader overview, you can consult the article on workplace accidents and compensation.
What happens after hospital discharge?
Clinical discharge generally marks the moment when medical services consider the injuries to be stabilized.
The discharge document should indicate the clinical situation and, where applicable, the proposed percentage of disability. The worker should request a copy and carefully check its contents.
The discharge does not mean that the right to treatment no longer exists, nor that the proposed percentage is definitive. If pain, limitations, or difficulties that were not considered persist, the worker should document them and seek medical and legal advice.
It is also important to keep reports, exams, prescriptions, physiotherapy records, and specialist evaluations.
If the insurance company notifies the court of the existence of permanent disability, the process continues with an attempt at conciliation. At this stage, the existence of the accident, compensation, disability, and benefits due can be discussed.
What should I do if I disagree with the percentage?
The worker is not obliged to accept the percentage indicated by the insurance company or their doctor.
When there is disagreement, it may be necessary to request an evaluation by a medical board at the Labor Court. The worker may submit medical questions and appoint an expert, in accordance with the applicable procedural rules.
The disagreement must be substantiated. It is helpful to gather reports from orthopedics, neurology, psychiatry, physiatry, or other specialties related to the sequelae.
It should also be explained how the limitations affect the worker's specific tasks. Reduced mobility can have a different impact on an administrative worker, a driver, a construction worker, or a healthcare professional.
The court is not automatically bound by the insurer's initial assessment. Disability is determined based on expert evidence and other elements of the case.
Can the disability be reviewed?
A permanent disability does not mean that the clinical condition can never be reassessed.
If the injuries worsen, recur, relapse, or improve, a review of the disability and benefits may be requested. This review depends on the existence of a clinically relevant change related to the accident.
The worker must keep all medical documentation, even after receiving the redemption capital. Payment of the capital does not necessarily preclude a future review when the legal requirements are met.
The review may lead to an increase, reduction, or maintenance of the disability. Each request must be accompanied by evidence demonstrating a change in the clinical condition.
What documents should you gather?
A proper assessment of compensation requires medical, employment, and payroll documentation.
Before accepting a deal or calculation, it is advisable to gather:
- involvement in the accident;
- discharge report;
- medical reports;
- Imaging exams and results;
- Temporary disability certificates;
- employment contract;
- payslips;
- annual income tax return;
- communications from the insurance company;
- proof of expenses;
- decision or conciliation agreement;
- Information about the profession and tasks performed.
Payslips are particularly important for confirming that all regular components of remuneration have been taken into account.
Common errors in calculating compensation.
The discrepancy isn't always in the formula. Often, the problem lies in the data used.
Among the most frequent mistakes are:
- Consider only the base salary;
- exclude regular salary supplements;
- Accepting a percentage without evaluating all the consequences;
- to ignore the impact of the injury on one's profession;
- not applying a bonus factor when applicable;
- Confusing annual pension with redemption capital;
- Accepting discharge despite necessary treatments;
- Do not include periods of temporary disability;
- Signing a settlement without understanding the calculations;
- Do not request a review after clinical deterioration.
Correcting any one of these elements can significantly alter the final value.
When should you consult a lawyer?
It is advisable to seek legal advice when the insurance company refuses to acknowledge the accident, assigns a percentage considered too low, excludes salary components, or presents a calculation that is impossible to understand.
You should also consult a lawyer when there are significant after-effects, inability to perform usual tasks, need for professional retraining, employer liability, or disagreement regarding medical discharge.
A lawyer can analyze the documents, review the annual compensation, monitor the conciliation attempt, formulate questions for the medical board, and represent the worker in the Labor Court.
Monitoring of CSG Lawyers This can be particularly important before accepting a settlement, since the conciliation agreement can produce relevant legal effects.
For workers residing abroad or accidents occurring during business trips, the support of Lawyers in Portugal It allows you to assess the application of Portuguese law and monitor the process with the relevant authorities.
How can CSG Advogados help?
A CSG Lawyers and the law firm of Dr. Catarina S. Gomes can provide support in cases related to permanent partial disability, workplace accidents and occupational diseases.
The follow-up may include accident analysis, review of remuneration elements, evaluation of medical documents, verification of pension calculation, monitoring of conciliation attempts, and representation before a medical board.
When there is disagreement about the percentage of disability, questions can be prepared to clarify the sequelae, functional limitations, and professional impact.
The office can also analyze temporary disability payments, treatment expenses, aggravated employer liability, and requests for review due to aggravation.
Each case must be studied individually. The amount due depends on the clinical situation, remuneration, age, profession, and the rules applicable at the time of the accident.
Conclusion
The calculation of compensation for permanent partial disability begins with determining the annual salary and the percentage of disability. In general terms, the annual pension corresponds to 70% of the annual salary multiplied by the degree of permanent partial disability.
However, the amount received may take the form of a periodic pension or a redemption sum. The worker's age, relevant remuneration, legal coefficients, and other benefits influence the final result.
A seemingly small percentage can represent a significant limitation throughout one's professional life. Before accepting the assessment or calculation presented by the insurance company, it is prudent to confirm that all consequences and compensation components have been considered.
General information does not replace an individual assessment. If you have suffered a workplace accident, have permanent disabilities, or disagree with the assigned percentage, you can schedule an appointment with the... CSG Lawyers to assess the disability, the documents and the legally required compensation.
