The medical inspection for leave is related to the benefit by temporary disability and its duration.
It is a periodic review of health status of the worker who owns a Laboral inhability.
What is the medical inspection for work leave?
The temporary work disability (also called work leave) occurs when the duration of a worker’s healing process is estimated to be less than 365 days.
If during this time, it is expected that the duration will be longer, it will go into a state of permanent disability.
Thus, the medical inspection consists of a process of recognition and control in which the degree of recovery of the work capacity of a temporarily disabled person who is receiving a benefit is determined.
The main functions of the medical review are:
- Declare the withdrawal.
- Issue cancellation confirmation parts (determine the suitability of the treatment).
- Provide medical and disability control reports.
- Determine the contingency causing the withdrawal: work accident, occupational disease, or a common contingency.
- Recognize the payment of the pension for temporary disability.
- Deny, suspend or terminate the disability benefit.
- Start the file for permanent disability.
- Declare discharge by cure.
Who is responsible for managing this medical inspection?
As a general rule, the medical inspection for a work leave is managed through the following entities:
- Public Health Service (SPS): to issue parts of leave (for common contingencies or for professional contingencies of workers not receiving a mutual), confirmation and medical discharge.
- National Institute of Social Security (INSS): You can issue medical discharges, initiate a permanent disability file or issue the discharge due to relapses.
- Marine Social Institute (ISM): acts in the same way as the INSS, but only for workers of the Special Scheme for Sea Workers.
- Mutual Collaborators with Social Security: they have the competence to issue parts for cancellation, confirmation and discharge for professional contingencies (they cannot register for common contingencies) and also propose the registration for common contingencies.
- Collaborating companies: They are responsible for issuing parts for the cancellation, confirmation and registration of workers in their workforce (due to professional contingencies).
However, when the temporary disability lasts more than 365 days or when it is a permanent disability, they can only manage the medical inspection the INSS (or the ISM in case of sea workers).
When will you have to attend the medical inspection for leave?
It is mandatory to go to an appointment of this type whenever the doctor requires it correspondent.
In case of not comply with inspection assistance, the managing entity will suspend the payment of the benefit. In addition, if the absence is not justified within the next four days, it will mean extinction Definitive disability pension.
It is important to keep in mind that it may be the Mutual the one in charge of carrying out this inspection and demanding the assistance to the recognition of your medical services (it is enough that you communicate it with a minimum advance of four business days).
But, How often do these reviews of temporary disability usually occur? The following guidelines are established according to the approximate period of work leave:
- Temporary disability less than 5 days natural (very short duration): it does not imply any revision.
- Labor leave of between 5 and 30 days natural (short): the first review will have to occur in the first 7 calendar days, while the second and subsequent will occur within a maximum of 14 calendar days.
- Low of 31 to 60 days natural (average duration): the first review will have to occur in the first 7 calendar days, while the second and subsequent will occur in a maximum of 28 calendar days.
- Temporary disability of 61 days or more (long duration): the first review will take place in a maximum of 14 days and the following will take place in a maximum of 35 calendar days.
How does medical inspection work leave?
This inspection consists of a process that is divided into several stages, with the objective of verifying that the requirements for maintaining the situation of temporary disability (in relation to the contribution and the health status of the worker) are met.
Next, we explain the different stages in which the medical inspection intervenes due to a work leave.
Declaration of sick leave
When the competent physician considers that the patient does not have full capacity to perform the functions of his work and must undergo treatment, he will be given a low part.
At this time the process starts of medical inspection for leave of work.
This part of leave will be delivered in duplicate to the worker (to deliver one of them to the company) and will also be sent to the INSS to grant the pension.
At the time of recognize the right to benefit due to disability, in addition to attending to medical reasons, the worker’s contribution and his or her affiliation status must be paid.
Discharge control process
After each medical examination, if the worker evolves as expected, a confirmation part which will be delivered to the worker in duplicate to deliver a copy to the company.
On the other hand, if the physician observes a different evolution, he may modify the estimated duration of the withdrawal (shorten or lengthen it).
Declaration of discharge
The high part it supposes the extinction of the situation of temporary incapacity and its corresponding benefit, which implies the reinstatement of the worker to his job.
In relation to the medical inspection, the discharge shall be issued when:
- The worker has regained his ability to work (by cure).
- The worker does not show up for the corresponding medical check-ups (due to non-attendance).
By last, if the worker does not agree with the discharge There is the possibility of expressing disagreement with the INSS through the presentation of an official model to the SPS and the company, generally.
During the process in which the SPS and the managing entity decide whether or not the discharge is confirmed, there will be a extension of disability and workers will continue to charge.
Effects of inspections during withdrawal
In summary, some of the main effects or consequences of a medical inspection are the following:
- Determine the work leave.
- Issue a confirmation part after each medical review to determine the duration of withdrawal.
- Check the degree of disability Labor recognized until the time of inspection.
- Discover the existence of a permanent disability.
- Issue the High medical, which will mean the reinstatement of the worker to his job and the termination of the benefit.