- Temporary disability is a situation that arises as a result of a common illness, an occupational disease or an accident.
- Obligation to contribute for temporary disability
Temporary disability is a situation that arises from a common illness, an occupational disease or an accident, regardless of whether it is work-related or not. This situation prevents the worker from being able to carry out his or her work activity and, consequently, requires medical assistance, which is commonly known as "self-employed leave."
Next, several aspects related to sick leave for self-employed workers will be examined, including the obligation to contribute for temporary disability, the assumptions and requirements for contributing, as well as the amount of the temporary disability benefit.
Obligation to contribute for temporary disability
The obligation to contribute for temporary disability It is a fundamental requirement for self-employed workers, with the exception of Economically Dependent Self-Employed Workers (TRADE).
This type of obligation comes into force upon registration in the Special Regime for Self-Employed Workers (RETA). However, it is important to highlight that contribution for common contingencies is optional for self-employed workers in a multi-activity situation, that is, those who simultaneously contribute to another Social Security regime, as well as for workers included in the Special System for Workers by Unemployment. Agrarian Own Account.
The contribution for professional contingencies related to work accidents and occupational diseases became mandatory from January 1, 2019 as a result of an agreement between the Government, the self-employed associations and the unions. This means that all self-employed workers must pay for work accidents and occupational diseases as part of their contribution to the Social Security system.
Assumptions and requirements to obtain temporary disability subsidy
Temporary disability entitles you to a subsidy which helps offset a worker's loss of income while he or she receives Social Security medical care and is unable to work.
The maximum duration of this subsidy is 12 months, with the possibility of extension for another 6 months.
To access the benefit, it is necessary to meet certain requirements specific depending on the origin of the disability:
- A work accident It is one that occurs directly in the course of the self-employed person's work activity. This includes incidents on the way to the workplace, accidents caused by force majeure unrelated to work and those due to reckless imprudence by the worker himself.
- A professional illness It is that which is acquired as a direct result of the activity carried out by the self-employed person.
- A common disease. To be considered a common illness, it will be necessary to be registered or assimilated and have contributed a minimum of 180 days in the last 5 years. In addition, it will be necessary to be up to date with the fees. These last requirements are not necessary in cases of work accidents and occupational diseases.
Amount of temporary disability benefit
Below are the various scenarios in reference to the benefit amounts obtained according to the percentages of the regulatory base:
- In the case of a common illness or non-work accident, the 60 % from day 4 to 20 of the withdrawal.
- For a common illness or non-occupational accident, the 75 % as of the 21st day of withdrawal.
- In the event of a work accident or occupational disease, the 75 % from the day following the cancellation.
In conclusion, temporary disability is a situation that affects self-employed workers due to common illnesses, occupational illnesses or accidents. And this condition comes with the need for medical care and possible loss of income. These aspects are fundamental to understanding the social protection of self-employed workers.