Understanding Disability Benefits and Occupational Diseases
1. Disability Cases at Ceramics SA
Peter, John, and Oriol, three workers at Ceramics SA of similar age and tenure, experience strong pain in their right shoulders. Despite the same symptoms, their cases differ:
- Peter: Suffered a work-related injury when a package fell on his shoulder.
- John: Regularly carries a heavy, vibrating polishing machine, impacting his shoulders.
- Oriol: Practices gymnastics with a focus on shoulder exercises in his free time.
a) Are these situations causing disability? If so, what kind?
Peter’s case is a clear work-related injury (IT * AT). John’s situation could be considered a work-related illness due to the repetitive strain and vibrations from the machine (IT * MP). Oriol’s pain is likely due to his personal sporting activities and not work-related (IT * ANL).
John receives 75% of his Base Rate (BR) during his leave. Oriol receives 60% of his BR for days 4-20 and 75% from day 21 onwards. (BCP/30 BCC/30)
b) Two examples of occupational diseases and their common professions:
- Shoulder impingement syndrome: Predominantly affects professions involving excessive shoulder use and sudden movements (e.g., carpenters, mechanics).
- Cervical degenerative disc disease: Common in jobs requiring awkward or static neck postures (e.g., computer operators, taxi drivers).
4. Calculating Temporary Disability Benefit
An employee had a car accident on his way to work on April 24, 2009. He frequently works overtime, totaling 78 hours between March 2008 and March 2009, paid at €18/hour. In March 2009, he worked eight overtime hours. His contribution base for professional contingencies in March 2009 was €1,685.
Calculate the IT charge for April and, if the leave continues, for May 31, 2009.
BR = [(Previous month’s BCP – Overtime pay) / Unpaid days] + [Overtime pay in the last 12 months / 365]
BR = [1685 – (18 * 8) / 30] + [(18 * 78) / 365] = [1685 – 144 / 30] + [1404 / 365] = €1,684.04
75% of BR in April: 0.75 * 1684.04 * (6/30) = €252.61
75% of BR in May: 0.75 * 1684.04 = €1263.03
5. Calculating Maternity Benefit
A worker had a BCC of €1,800 and a BCP of €1,900 in the month before giving birth.
Maternity benefit is 100% of the BR. In this case, it’s €1,800.
6. Requirements for Sick Leave and Calculation
A worker injured at home on April 23, 2009, has been employed since October 1, 2008. The injury resulted in sick leave from April 23, 2009, to May 30, 2009. The BCC in March 2009 was €1,208.03.
Requirements for sick leave:
- Membership and registration or equivalent discharge status.
- For common illnesses, a grace period of 180 days within the last five years is required.
- No grace period is needed for accidents (work-related or not) or occupational diseases.
This worker meets the requirements as the injury is considered a non-work-related accident.
Calculation of temporary disability benefit:
BR = Previous month’s BCC / Unpaid days = 1208.03 / 30 = €40.27
April: 5 days * 0.60 * 40.27 = €120.81
May: (12 days * 0.60 * 40.27) + (19 days * 0.75 * 40.27) = 290 + 574 = €864
Employer pays: 40.27 * 12 * 0.60 = €290
Social Security pays: €864 – €290 = €574
7. Permanent Partial Disability Benefit
A worker suffered a work-related accident resulting in a 38% reduction in normal performance, though he can perform basic tasks. He has accumulated 2,000 working days in the last 10 years. His temporary disability BR was €1,658.
Is he eligible for any benefit?
Yes, he is eligible for permanent partial disability (IPP) benefit.
IPP = 24 months of the IT BR = 24 * €1,658 = €39,792 (lump sum)
8. Requirements for Contributory Unemployment Benefit
- Membership and registration, discharge, or similar status.
- Not of retirement age.
- Legally unemployed (involuntary termination or justified voluntary termination).
- Grace period: 360 days in the last six years.
9. Duration of Contributory Unemployment Benefit
- 5 years contributed: 20 months
- 12 years contributed: 24 months (maximum)
- 6 months contributed: Not eligible (minimum is 12 months)
- 15 months contributed: 4 months
- 18 months contributed: 6 months
- 3 years contributed: 12 months
- 20 years contributed: 24 months (maximum)
- 2 years contributed: 8 months
10. Charles’s Unemployment Benefit
Charles, 28, single, and childless, signed his first two-year contract on December 1, 2007. He is now unemployed.
Is he eligible for unemployment benefit? If so, what amount and duration?
Yes, he’s eligible, having worked for two years. He will receive benefits for 8 months (240 days).
BR Calculation (using the last 6 months of contributions):
BR = (2400 * 3 + 2600 * 3 + 2450 * 2 + 2300 * 2) / 6 = €2425/month
First 180 days: 70% of €2425 = €1697.50
Remaining days: 60% of €2425 = €1455
IPREM maximum limit: 175% of (532.51 * 14/12) = €1087
11. Unemployment Benefit Calculation for Unpaid Wages
A worker terminates his contract due to unpaid wages for the last four months. The base contributions for the last 180 days (excluding overtime) are €15,000. He has no dependents and has contributed for 11 years.
BR = €15,000 / 6 = €2,500/month
Duration: 24 months (maximum for 11 years of contributions)
12. Marc’s Unemployment Benefit
Marc’s work contract has ended. His contribution base is €1,141, he has one child, and he has contributed for five years.
Duration: 20 months (for 5 years of contributions)
First 180 days: 70% of €1,141
Remaining days: 60% of €1,141
Maximum ceiling: 200% of IPREM (with one child)
13. Antoni’s Unemployment Benefit
Antoni, 31, has exhausted his 24-month unemployment benefit. He is married with two children aged 3 and 5. His wife earns €1,502.53 per month.
He is entitled to unemployment assistance equivalent to 80% of IPREM.