SOCIAL: Self-Employed and Permanent Disability.

Area: Litigation. Labor
Category: Permanent Disability

The Social Chamber of the TSJA reversed the first instance ruling and recognized that the status of self-employed worker under the RETA regime does not constitute an obstacle or limitation to the full recognition of Permanent Disability at the total degree, and that their status as self-employed or non-dependent worker cannot be used to automatically deduce the capacity for self-organization of work.

Furthermore, following this, IN DIEM’s legal services obtained a favorable ruling from the TGSS, establishing, on the one hand, the retroactivity of benefit effects, as well as the refund of all RETA contributions paid by the worker from the date of disability status recognized by the TSJA.