This post is also available in: 
Spanish
Throughout our working life, we are exposed to illnesses and accidents, therefore, it is important that we are informed about the types of work incapacity that exist, their classification and payment.
Disability is a certificate that is issued to eligible workers when they are temporarily unfit to work due to some ailment. This document serves as proof of absence from work during the days that the employee needs to recover and is given due to an illness or accident at work or when their abilities have been affected to continue carrying out their work activities, whether it is temporary or permanent.
It is necessary for the employee to go to a medical consultation in which it is confirmed that the employee needs rest, rehabilitation, therapy, surgery or whatever is necessary, depending on the work accident suffered.
TYPES OF WORK INCAPACITY
TEMPORARY DISABILITY: It is when the person cannot perform his job for some time only, where with adequate rest, good nutrition and rehabilitation he can recover to continue with his work.
PARTIAL PERMANENT DISABILITY: This refers to the moment in which the worker has some impediment in his faculties or capacities (less than 33%) to work, however, this does not prevent him from continuing with his job permanently.
TOTAL PERMANENT DISABILITY: This is when a person is unable to perform any work for the rest of his or her life.
MAJOR DISABILITY: These work disabilities occur when in addition to being unable to work, they also need to be assisted by another person for their basic activities such as eating, grooming, dressing, etc.
We must be clear that all types of work incapacities are provided for different reasons, such as illness, pregnancy, maternity, occupational accident and occupational hazard.
TYPE OF DISABILITY | WEEKS CONTRIBUTED | PAYMENT PERCENTAGE | PAYMENT LIMIT |
| Occupational Hazards | No contribution weeks required | 100% of the salary registered with the IMSS, at the beginning of the disability. | From one day to the end of 52 weeks, as determined by IMSS medical services. |
| General Illness | 4 weeks immediately prior to onset of illness. (In the case of a temporary worker, 6 weeks in the 4 months prior to onset of illness. | 60% of the salary registered with the IMSS, at the beginning of the disability. | From the 4th day until the end of the 52 weeks as determined by IMSS doctors, which may be extended for up to 26 more weeks. |
| Maternity | 30 weeks in the 122 months prior to the date on which the 34th week of gestation began. (When the insured does not comply with this requirement, the employer will be responsible for the payment of the salary. | 100% of the salary registered with the IMSS, at the beginning of the incapacity, at the beginning of the 34th week of gestation for the total number of days covered by the document. 60% of the indicated salary will be paid in liaison. | In the single certificate of incapacity for maternity up to 84 days, in the incapacity for liaison up to 21 days. |
OCCUPATIONAL RISKS
According to article 473 of the Federal Labor Law, occupational risks are accidents and illnesses to which workers are exposed as a result of any activity within their job.
Social Security does not consider occupational risks in the following situations:
- When an accident occurs while the worker is intoxicated.
- If the accident occurs while the employee is under the effect of any psychotropic, narcotic or enervating drug (unless there is a prescription signed by a licensed physician and the employee has previously shared it with his boss).
- In the event that the employee causes an injury intentionally or in agreement with another person.
- When the accident is the result of a fight or suicide attempt.
WORK-RELATED ILLNESSES
It is when an employee becomes ill as a result of an action that has its origin or reason in the work or in the environment in which the employee renders his services.
Work-related illnesses will be considered those determined by the Federal Labor Law and, if applicable, the update made by the Secretary of Labor and Social Welfare. The illnesses that are considered as incapacitating, always depending on the degree and state of the same.
- Cardiopathies
- Cancer
- Depression
- Pulmonary diseases
- Lumbago
- Migraine
- Anxiety disorder.
PREGNANCY AND MATERNITY
The employee has the right to be absent 42 days before the birth and up to 42 days after the birth and in accordance with articles 101 to 103 of the Social Security Law, she is entitled to receive 100% of the total salary she received at the time of pregnancy or birth. During the breastfeeding period, it is common for mothers to agree with their employers to enter one hour later or leave one hour earlier, for a maximum period of 6 months, however, this agreement must be established in writing and the mother must receive her full salary for the hour she is absent.
This post is also available in: Spanish