In the workplace, many questions arise when we are faced with a situation of temporary incapacity.
The first question that arises is which kind of doctor we have to go. If the worker suffers a common illness or an accident that is not considered as labour, he/she must go to the Social Security and in the case where the accident has happened while he / she was working or it is a professional illness , the mutual is the responsible.
There are situations in which it is not clear the contingency that caused the decrease, reason why the organism issuing of the discharge can request the change of the same. If the mutual determines that it is a common contingency, i.e. a common illness or a non-labour accident, the worker will be given a report to go to the Public Health Service to request the removal of common contingencies. The worker, in this case, can request before the INSS to determine if the contingency is common or professional. The INSS decision can always be challenged before the social jurisdiction.
The medical document of temporary incapacitation, whatever the determining contingency, will be issued immediately after the medical examination of the worker, by the practitioner who performs it.
It is essential that the worker present this medical document in the company within the following three business days regardless of the duration of the same. There is a copy for the company in which no reference is made to the diagnosis or treatment of the worker.
Likewise, the worker must present all the confirmation of the medical leaves, if they occur, within three days of signing the doctor.
The medical discharge must be filed within the following 24 hours, since once this period has elapsed the employer could consider this absence as a resignation, and could extinguish the contract of the worker without the right to compensation.
Failure to comply with this obligation may lead to penalties for both the company and the worker. The Law on Infractions and Sanctions in the Social Order (LISOS) establishes as a minor infraction the processing out of time of the parties of Temporary Disability, being able to punish the employer with a fine of 60 to 625 euros. And the worker can be sanctioned by the employer for not delivering the lower parts and confirmations.
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