Attorney specializing in temporary disability in Asturias
Appeal medical discharges and claim proper classification of your contingency Speak with meWhat I domanuel barba
Have you received medical discharge without being recovered or has the Mutual Insurance classified your injury as common contingency? I help you challenge improper discharges and claim contingency reclassification so that your real situation is recognized and you don’t lose your right to benefits.
I am Manuel Barba, labor attorney in Asturias. I defend workers who need time to recover or who have suffered a workplace accident that was misclassified.
⏱️ You only have 11 business days to appeal a medical discharge. Acting on time can be the difference between maintaining your benefits or losing them unjustly.
⚠️ Deadline Notice
- Improper medical discharge: 11 business days for the prior claim before the INSS.
- Contingency determination: if Mutual Insurance/INSS classifies as common what is occupational, act as soon as possible. Deadlines depend on the procedure and the resolution received.
Have you been discharged without being truly recovered? Appeal the medical discharge before the INSS and maintain your sick leave
Medical discharge doesn’t always mean you’re recovered. In many cases, the Mutual Insurance or the INSS issues it based on administrative or economic criteria, without properly assessing your health condition or functional limitations.
If you still have pain, sequelae, or cannot perform your regular job, you have the right to challenge the improper medical discharge through a prior claim before the INSS. When the prior claim is granted, the discharge issued by the Mutual Insurance is nullified, temporary disability status is maintained and you will continue receiving benefits for sick leave, as if the discharge had never occurred.
📅 Deadline
11 business days from notification of discharge to file the prior claim before the INSS.
📄 Required Documentation
- Updated medical reports.
- Previous sick leave certificate.
- Medical discharge resolution (Mutual Insurance/INSS).
A well-grounded prior claim can nullify an improper medical discharge and ensure you continue receiving your benefits without interruptions.
Contingency Reclassification or Determination: when the Mutual Insurance classifies as common what is actually occupational
It’s very common that, after a workplace accident or a bodily injury you suffer on the occasion or as a consequence of work, the Mutual Insurance classifies your leave as common contingency, transferring benefit payments to the INSS and prejudicing your economic rights.
This practice is more common than it seems: many Mutual Insurance companies try to transfer to Social Security the benefits for workplace accidents or occupational diseases to reduce their costs.
💶 Economic Impact:
- Common contingency: First 3 days without payment; from day 4 to 20, 60% of regulatory base.
- Occupational contingency: From the day after the accident (day of incident counts as salary) and 75% of regulatory base, with better medical and rehabilitation coverage.
I am Manuel Barba, labor attorney in Asturias and occupational risk prevention specialist. I analyze your case with legal and technical focus, to demonstrate that your condition has occupational origin and achieve recognition by the Mutual Insurance or INSS of the occupational contingency.
How I Work
1) I analyze reports, sick leave certificate, accident report and job conditions.
2) I file the contingency determination application with the INSS with medical and legal basis.
3) I act against the Mutual Insurance Company and, if necessary, before the Labor Court until recognition of the workplace accident.
✅ Advantages of reclassification/determination
- Higher benefit: 75% of regulatory base from the day after the incident.
- Medical assistance covered by the Mutual Insurance.
- Recognition of economic and labor rights for workplace accident or occupational disease.
They have resources. You have the right. And I will defend it with you.
justice
Your attorney specializing in temporary disability
Transparent and risk-free process to challenge your medical discharge or claim a change of contingency before the INSS with guarantees.
⚖️ 1) Get in touch, send me your documentation and I will review your case
Attach your medical discharge certificate, medical reports and INSS or Mutual Insurance resolution. Legal, medical and employment assessment in < 24 h.
🧾 2) I prepare your claim or appeal before the INSS
Prior claim for temporary disability or request for change of contingency with reports and legal grounds. If they don’t rectify, lawsuit before the Social Court.
🤝 3) I represent you and keep you informed until resolution
I handle everything before INSS, Mutual Insurance and court. You focus on recovery; I protect your benefits and employment rights.
Every day counts. The sooner you act, the sooner you will recover your benefits and financial peace of mind.
What my clients say
Frequently Asked Questions About Temporary Disability
What can I do if I have been given medical discharge without being recovered?
Impugnar el alta o solicitar su revisión ante el INSS. Tienes 11 días hábiles para la reclamación previa con informes médicos. Si presentas en plazo, se mantiene tu IT y la prestación hasta resolución.
What happens while the prior claim against the Mutua's discharge is being resolved?
Si reclamas en plazo, el alta de la Mutua no produce efectos: se mantiene la temporary disability y sigues cobrando hasta la decisión del INSS.
What deadline do I have to claim if they don't recognize my work accident?
Puedes pedir la contingency determination ante el INSS y, si no estás conforme, reclamación previa y demanda judicial en plazo.
Differences between common and occupational contingency?
Común: 3 primeros días sin cobro; del 4º al 20º, 60 % BR. Profesional: cobras desde el día siguiente al accidente (día del siniestro como salario) y 75 % BR; la Mutua asume la asistencia.
Who decides if my leave is common or work-related accident?
Mutua or INSS. Si discrepas, solicita contingency determination. El INSS resuelve; si no estás conforme, Juzgado de lo Social.
What happens if I miss the 11-day deadline to challenge the discharge?
The discharge becomes final. Si empeoras, podría tramitarse nueva baja con nuevos informes. Actúa rápido y asesórate.
Do I need a lawyer to challenge the discharge or claim the contingency?
Not mandatory, but recommended. A specialist understands deadlines, documentation, and strategy to maximize your chances of success.
Acting within the deadline can be the difference between keeping your benefits or losing them unjustly.
Contact me now
Let me help you find the fair solution you deserve.
You can also schedule an in-person appointment at my office
Manuel Barba, Employment Attorney in Avilés (I handle cases throughout Asturias, including Oviedo and Gijón).
C. Rivero, 6, 1º B, 33402 Avilés, Asturias
Phone: 607501535
Schedule:
- Monday 9:00–21:00
- Tuesday 9:00–21:00
- Wednesday 9:00–21:00
- Thursday 9:00–21:00
- Friday 9:00–21:00