Justice determines that you are right

At the beginning of the year 2020, a Home employee He suffers an outrage on public roads. As a consequence of that accident, and after undergoing a medical examination, they diagnose a Craneoecephalic traumaorbit fracture, facial wounds, dental loss and other injuries both in the spine and on wrists.

Taking into account the damage, which prevented him from performing his work normally, They grant a temporary disability. However, after exhausting the benefit, and understanding that the sequelae of the accident prevented him from returning to his job as a household employee, The woman asks the Social Security to grant the degree of total permanent disability.

However, in January 2022, Social security denies any degree of disabilityalso ending the temporary disability of which he had previously enjoyed. The administration considered that the injuries were already resolved and that, in any case, They did not prove a functional limitation that prevented women from working.

Therefore, the employee decides to take the case to court. Makes it by submitting a demand before the Social Court No. 28 of Barcelonaone that sentences June 29, 2023. He does, in this case, to Recognize the employee the total permanent disabilitywith which he was entitled to a pension of 75% of the regulatory base (751.71 euros per month).

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Dis disagreement with the judicial decision, the National Social Security Institute (INSS) presents a resource before the Superior Court of Justice of Catalonia. And, in their judgment, the judges of said agency decide Dismiss the resourceunderstanding that the worker's injuries were enough to grant her degree of disability.

“The described sequelar picture Evidence a pathological situation incompatible with the performance of the actor's work activityof high physical requirements at the column level and continuous ergonomic demands “, it can be read in the ruling of the TSJC judgment.