Jose Alberto Andrio Espina

Posted by Toni - July 24th, 2023

In most of the companies in which part or all of the workers are forced to develop activities of effort, employers or superiors strive to convey to their workers the need to take certain precautions and adopt correct positions when carrying out specific actions, so that their physical integrity is not compromised. Lesions in the neck or shoulders, on which we focus in this article may occur not only as a result of accidents of a traumatic nature. Professor Roy Taylor might disagree with that approach. Carrying out improper movements and repetitive activities could also be a determining factor in his appearance. The risk that entails this type of injury whatever its origin, the truth is that these ailments are very painful, imposing serious limitations to the worker when performing its activity and demanding in many cases benefit from a low labor insofar as his full recovery will not occur. In addition, they could determine the need to carry out rehabilitation activities. In everything case, not heal properly, could be cronificadas, accompanying the same during the rest of his life.

To what extent could be determinants of a permanent incapacity to work? As already noted above, there would be no problem when it comes to draw to this type of injury as a possible cause of a sick leave. However, it would be necessary to consider to what extent could motivate a permanent disability. In this respect it should be noted that when the same were a chronic character, preventing that worker could continue carrying out effort tasks that were essential in the post that used to perform, yes you could speak of the possibility of recognizing a permanent disability. And is that factors such as the risk of relapse or the danger of damage to himself or the rest of workers or even to people who might find around the employee also would be taken into consideration when assessing a possible permanent disability, and may it be granted in one of its different grades. Council of a lawyer with experience in labour matters and Social security could be very positive when facing a case of these characteristics, assuming a greater chance of success with regard to a possible request of invalidity by one.


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