Total disability pension

Requirements to be entitled to the total disability pension

The worker is considered to be totally invalid when the Labor Medical Expert Commission determines that he has a decrease in his physical or mental capacity or both, which prevents him from continuing to work or when the worker has a residual work capacity so markedly reduced that prevent from assiduously holding a job and sustaining yourself financially.

To be entitled to a total disability pension, the worker must be completely incapacitated for work while being linked to work.

The worker who is disengaged is entitled to the total disability pension, if it is determined that his or her disability originated before sixty days after his or her dismissal from work or that he or she was linked to work.

Amount of the total disability pension

The amount of the total disability pension is determined on the average salary resulting from the highest wages earned by the worker during five calendar years, selected from the last fifteen equally natural years, prior to the application for the pension.

In cases of total disability of common origin, the pension is granted according to the following rules:

    a) if the worker accredits up to 20 years of services, 50% of the average salary corresponds;
    b) for each year of service rendered in excess of 20, the pension is increased by 1%; and
    c) for each year of services rendered that exceeds 30, the pension is increased by 2%.

In cases of total disability caused by an accident at work or occupational disease, the appropriate pension is granted in accordance with the following regulations:

    a) if the worker accredits up to 30 years of service, 60% of the average salary corresponds;
    b) for each year of services rendered that exceeds 30, the pension is increased by 2%; and
    c) the resulting pension is increased by 10% of its amount.

When the Labor Medical Expert Commission determines that the pensioner for total disability requires the assistance of another person to carry out the essential acts of life, the amount of the pension increases by 20% of its amount.