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If you have a work disability? This person should be responsible for paying your salary.

If you have a work disability? This person should be responsible for paying your salary.

Who should take charge?

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In Colombia, a worker may experience unfortunate situations that result in a disability due to an accident or illness . In this regard, many workers question who will be responsible for paying their salaries. What does the law say?

According to information published by the Ministry of Justice, the company where you work is directly responsible for paying the salary of a disabled worker, taking into account the length of time they remain disabled.

It is clarified that if the worker is not affiliated with the social security system, the company with which they have a contractual relationship will be responsible for these costs. (See more: What does it mean if someone doesn't have social media, according to psychology?)

Along the same lines, the aforementioned government agency stated: "An employer who has paid a worker for a disability benefit that must be covered by the EPS (Employment Insurance Company) or the ARL (Association of Labor and Social Security) may recover the amount paid from the latter entity or deduct it from the contributions owed," it stated on its website. "Disabilities lasting more than 180 days, caused by a common illness or accident, and which prevent the employee from providing services, constitute just cause for termination of the employment contract . Therefore, the employee may be dismissed, subject to authorization from the Ministry of Labor, which will verify that the dismissal does not constitute discrimination against the worker based on their disability," they clarified.
Work disability

Concepts to keep in mind.

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What are the key aspects to understanding disability payments?

The aforementioned ministry added that no discount will be applied to the monthly payment and, as previously stated, the company will be responsible for this situation.

If the disability lasts longer than three days, the payment will be made by the EPS, which will pay 66.66% of the total amount up to 90 days.

If the individual exceeds this time limit, they must pay 50% of their salary. (See more: Which 5 EPSs are eligible to operate in Colombia?) If, after reaching 180 years of age, the individual cannot return to work, the Pension Fund will be responsible for the payment, and a corresponding disability pension assessment will be considered.
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