How is an assessment of disability and bodily harm carried out?

People may suffer from illnesses, have suffered accidents or injuries that diminish their ability to carry out their activities of daily living, the activities of their job or have suffered injuries in the course of any type of accident or aggression. It is very often necessary to prove these problems to the administration or insurance companies by means of a medical report.

The three main areas are disability, which must be accredited before the regional administration, working capacity, which must be accredited before the national social security institute, or bodily injury, which usually needs to be accredited before insurance companies, and in many cases all of them must be accredited before the judicial authority.

How is a disability assessed?

A medical evaluation of the disabled person is necessary. There are different degrees of disability recognized by the administration.

It is expressed as a percentage, and the assessment of this percentage is made by applying the scale established by Royal Decree 1971/1999, of December 23, 1999, which regulates the procedure for the recognition, declaration and qualification of the degree of disability.

What does working capacity consist of?

A Medical Report for the Evaluation of Labor Capacity relates the physical and/or mental capacities of a worker with the requirements needed for the performance of his or her profession.

The doctor’s report relates the patient’s capabilities and the needs and circumstances of the job, and determines whether or not the worker is able to perform the activities of his or her job or to carry out any type of work activity. The repercussion of the injury or pathologies with the work is what is really valued.

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It is the functional limitations, not the diagnoses, which consolidate the situation of incapacity. It is necessary to specify the relevance of the injuries, their transcendence, and their potential to diminish or annul the work capacity.

Valuation of bodily injury

The Valuation of Bodily Injury is a branch of Medicine by means of which it is tried to measure and classify the damage that is produced in the body due to an accidental fact, a medical negligence, an aggression or an illness for which one is entitled to receive a compensation or social benefits. In most cases, Law 35/2015, of 22 September, on the reform of the system for the valuation of damages caused to persons in traffic accidents is used.