What Qualifies as Work Incapacity?
Work incapacity is a right that safeguards workers when illness or accidents temporarily or permanently prevent them from performing their job duties. However, not every physical or emotional condition is recognized as work incapacity under the law.
According to Mexico’s Secretaría del Trabajo y Previsión Social (STPS), regardless of their occupation, all individuals are exposed to work-related risks, accidents, or diseases that can lead to three types of incapacities: temporary, partial permanent, and total permanent.
Types of Work Incapacity
- Temporary Incapacity: This type of incapacity is granted when a worker cannot perform their job due to an illness or accident, but the condition is expected to improve.
- Partial Permanent Incapacity: This applies when a worker suffers permanent damage but can still perform some job functions.
- Total Permanent Incapacity: This is granted when a worker cannot perform any job functions due to severe physical or mental damage, often resulting in a pension.
All types of work incapacity must be supported by an official medical certificate, which should specify the duration of rest and the percentage of compensation due to the worker. Conditions that affect a worker’s well-being but aren’t recognized as work incapacity include non-significant limitations on job performance, unevaluated or undiagnosed stress, and fatigue.
How to Apply for Work Incapacity
To apply for temporary or partial permanent incapacity, workers must visit their general practitioner at the relevant IMSS clinic. The doctor will evaluate the worker’s condition and determine if incapacity is warranted.
- Temporary Incapacity: The doctor will provide a form detailing the incident, and the employer must report the work risk within 24 hours. No prior paid weeks are required.
- Partial Permanent Incapacity: Four weeks of paid contributions are necessary before the illness.
- Maternity Incapacity: Six weeks before and six weeks after childbirth are granted to working mothers.
- Total Permanent Incapacity: The IMSS will issue a report for the corresponding benefit if the worker’s functional or mental capacity loss is irreversible due to an accident or illness.
Once incapacity is applied for, the IMSS assigns a compensation percentage. For temporary incapacity, the base is the daily salary at the time of the incident, and the employer must pay 100% for three months. Afterward, the situation can be reassessed.
For partial permanent incapacity, the employer pays a percentage based on what they would owe for total permanent incapacity. Factors include the worker’s age, the significance of the impairment, and their ability to perform similar tasks.
Total permanent incapacity results in a payment equivalent to 1,095 days of the worker’s salary. However, according to the IMSS, a pension may be granted because the labor risk caused definitive physical and/or mental capacity loss, rendering the worker unable to work.
Key Questions and Answers
- What is work incapacity? Work incapacity is a right protecting workers when illness or accidents prevent them from performing their job duties temporarily or permanently.
- What types of work incapacity exist? There are three types: temporary, partial permanent, and total permanent.
- What must be included in a work incapacity application? An official medical certificate detailing the duration of rest and compensation percentage.
- How do I apply for work incapacity? Visit your general practitioner at the relevant IMSS clinic, who will evaluate your condition and determine if incapacity is warranted.
- What factors determine the compensation percentage? Factors include the type of incapacity, the worker’s age, the significance of the impairment, and their ability to perform similar tasks.
