Reflections on the Payment of Medical–Occupational Disability Benefits of Common Origin in Colombia

Abstract

In the case of workers who contribute to the General System of Social Security in Health, a medical disability leads to the recognition of an economic benefit that allows their livelihood during the period of recovery of the state of health. Colombian regulations establish that disabilities can be of common origin and labor origin. The payment of medical-labor disabilities of common origin in Colombia is an issue that, despite the regulatory progress, still continues to generate controversies regarding the process for payment by the administrators of the General System of Integral Social Security and to this extent the tutelage action continues to be resorted to by the affiliates. In other words, the current normative regulation in Colombia establishes who is responsible for the payment of disabilities, but gaps persist in terms of the procedures to obtain the effective recognition of the benefits, since the differences in the procedures of each entity and their interpretation of regulations, generate delays in the process for workers. This article highlights the relevance of the topic by highlighting the difficulties faced by Colombian workers when requesting the recognition and payment of disabilities. Likewise, a review is carried out on problematic aspects such as the favorable concept of rehabilitation, the qualification of timely loss of work capacity and the right to disabilities and situations that consider abuse of the right by members.