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Order Tas/1040/2005, Of 18 April, Which Are Updated Quantities To Both Lump Sum Compensation For Injuries, Mutilations And Deformities Of Definitive And Non-Disabling.

Original Language Title: Orden TAS/1040/2005, de 18 de abril, por la que se actualizan las cantidades a tanto alzado de las indemnizaciones por lesiones, mutilaciones y deformidades de carácter definitivo y no invalidantes.

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TEXT

Article 150 of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, provides that the injuries, mutilations and deformities of a definitive nature, caused by accidents at work or occupational diseases which, without becoming a permanent incapacity, result in a reduction or alteration of the physical integrity of the worker and appear on the scale annexed to the provisions of the development of this Law, will be compensated, for one time, with the amounts raised in the are determined by the entity which is obliged to pay the permanent incapacity benefits, all without prejudice to the worker's right to continue to the company's service. The order of 15 April 1969, as amended by the Order of 5 April 1974, was laid down by the Order of 15 April 1969, as amended by the Order of 5 April 1974. Subsequently, the Order of 11 May 1988 revised certain amounts of the order in order to eliminate existing discrimination on grounds of sex. And the Order of 16 January 1991 updated the amounts in accordance with the evolution of the CPI for the period 1974 to 1990. Given the time since the last update, it is appropriate to amend the amounts of the allowances identified, setting new amounts in line with the evolution of the CPI since 1991. In its virtue, I have arranged:

Single item. Updating of amounts.

The amounts of compensation for injuries, mutilations and deformity of a definitive and non-invalidating nature, caused by accidents at work or occupational diseases, as laid down in Article 150 of the Recast of the General Law of Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, is fixed in the amounts determined in the Annex to this Order.

Final disposition first. Powers of enforcement.

The Secretary of State for Social Security is empowered to make the necessary provisions for the application of this Order.

Final disposition second. Entry into force.

This Order shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State", with the application of the new amounts contained in the Annex to the Order to the causative facts produce from the date indicated.

Madrid, April 18, 2005.

SANCHEZ-CAPTAIN BOILER

Mr. Secretary of State for Social Security.

ANNEX

Cuantias of compensation for damage, mutilations and deformity of a definitive nature and non-invalidating caused by occupational accidents and occupational diseases of Social Security

Cuantia (euros)

I. Head and face

1. Loss of bone substance in the cranial wall, clearly noticeable by clinical examination

830 to 1,870

2. Decrease the visual acuity of an eye in less than 50 per 100, provided that with correction it does not reach seven tenths.

950

3. Decreased visual acuity of an eye by more than 50 per 100

1,600

4. Decreased visual acuity in both eyes in less than 50 per 100, provided that with correction it does not reach in both eyes the seven tenths.

2,020

5. Speech disturbances and language disorders, preserving social voice

600 to 2,020

Note. Visual acuity will always be specified according to the Wecker scale, with and without optical correction.

1. Hearing Organ:

6. Loss of an ear

1.510

7. Loss of the two ears

3,200

8. Hypoacusia that does not affect the conversational zone in one ear, being normal from the other

1,010

9. Hypoacusia in both ears that does not affect the conversational zone in any of them

1,500

10. Hypoacusia affecting the conversational zone in one ear, being normal from the other

2,020

11. Hypoacusia affecting the conversational zone in both ears

2,990

2. º Organs of smell:

12. Nose loss

6.630

13. Deformation or perforation of the nasal septum

1,010

14. Loss of sense of smell

1,010

3. Deformations of the face and head, not included in the above headings:

15. Deformations on the face and head that determine a major alteration of their appearance.

1,070 to 2,140

16. Deformations in the face that severely affect facial aesthetics or prevent any of the functions of the external organs from the face.

1,600 to 6.630

II. Genital apparatus

17. Anatomical or functional loss of testicles:

One

2.370

Two

5.330

18. Partial loss of the penis, taking into account the extent to which it affects the "coeundi" and the urination capacity.

2.020 to 4.030

19. Total penis loss

5,690

20. Anatomical or functional loss of ovaries:

One

2.370

Two

5.330

21. Deformations of the woman's external genital organs

1,310 to 5,330

III. Glands and viscera

. Woman's breast loss:

2.140

Two

4,560

23. Loss of other glands:

) Salivars

2.020

b) Thyroid

2.140

c) Paratiroids

2.140

d) Pancreatic

3,790

24. Spleen loss

2,020

25. Loss of a kidney

3,560

Top members

Limiting global mobility by less than 50 per 100

Cuantia (euros)

1. Hand finger loss:

A) Pulgar:

26. Loss of the second phalanx (distal)

1,870

1.510

B) Index:

27. Loss of third phalange (distal)

950

770

28. Loss of second and third falanges (mean and distal)

1.510

1,100

29. Complete loss

2.020

1.510

30. Loss of metacarpal

800

770

31. Complete loss, including metacarpal

2,400

1,870

C) Medium:

32. Loss of third phalange (distal)

1,010

770

33. Loss of second and third falanges (mean and distal)

1,600

1.130

34. Complete loss

2.020

1.510

35. Loss of metacarpal

800

770

36. Complete loss, including metacarpal

2,400

1,870

D) Unclear:

37. Loss of third phalange (distal)

800

570

38. Loss of second and third falanges (mean and distal)

1.220

950

39. Complete loss

1,600

1.130

40. Loss of metacarpal

660

630

41. Complete loss, including metacarpal

2.020

1.510

E) Menique:

42. Loss of third phalange (distal)

570

450

43. Loss of second and third falanges (mean and distal)

950

770

44. Complete loss

1.130

950

45. Loss of metacarpal

920

920

46. Complete loss, including metacarpal

1.510

1430

Note. The loss of a phalanx of any finger at more than 50 per 100 of its length will be equated to the total loss of the phalanx in question.

2. º Ankylosis:

) Codo and wrist:

47. Elbow ankylosis in favorable position (80 to 90 degree angle)

2.46

1,870

48. Wrist ankylosis

2.310

1,660

B) Pulgar:

49. From the interphalangic joint

1,600

770

. From the phalangic metacarpo joint

2.020

1.510

51. From the interphalangic joint and associated phalangic metacarpo

2,400

1,870

52. From the carpometarpiana joint

2,670

2.160

C) Index:

53. From the second interphalangeal (distal) joint

800

570

54. From the first interphalangic joint

1,220

950

55. From the phalangic metacarpo joint

1.220

950

56. Of the two interphalangical joints associated

1,220

950

57. Of the phalangic metacarp joints and an associated interphalangica

1,600

1.130

58. Of the three joints

2.140

1,600

D) Medium:

59. From the second interphalangeal (distal) joint

630

480

60. From the first interphalangeal joint

800

570

61. From the phalangic metacarpo joint

800

570

62. Of the associated interphalangic joints

1,010

770

63. Of the phalangic metacarp joints and an associated interphalangica

1,220

950

64. Of the three joints

1,720

1.220

E) Unclear and Mence:

65. From the second interphalangic (distal) joint

630

480

66. From the first interphalangeal joint

720

510

67. From the phalangic metacarpo joint

720

510

68. Of the associated interphalangic joints

980

770

69. Of the phalangic metacarp joints and an associated interphalangica

1,160

920

70. Of the three joints

1,600

1,160

Note. They shall also have an analysis of the sensitivity alterations, as well as the states which, by irrecoverable section of tendons or soft-part lesions, actively leave the phalanges immobile.

3. º articular rigidities:

A) Shoulder:

71. Limiting joint mobility of the joint in less than 50 per 100

830

690

72. Limiting joint mobility of the joint in more than 50 per 100

2,400

2,020

B) Codo:

73. Limiting mobility in less than 50 per 100

1,600

1.130

74. Limiting mobility by more than 50 per 100

2.140

1,600

C) Antebrazo:

75. Limitation of prosupination to less than 50 per 100

890

510

76. Limitation of prosupination by more than 50 per 100

2.140

1.510

(Both limitations will measure from the intermediate position.)

D) Muneca:

77. Limiting mobility in less than 50 per 100

890

510

78. Limiting mobility by more than 50 per 100

(These limitations will also be determined from the intermediate position.)

2.020

1.220

770

F) Index:

80. Limiting the overall finger mobility by more than 50 per 100

720

510

G) Medium, ring and menique:

81. Limiting global mobility by more than 50 per 100

630

420

Note. When the right hand for the job is left, the compensation will be the one set on the scale for the same type of right hand injury. The same rule applies in the case of left-handed workers.

Cuantia

(euros)

V. Lower members

1. Loss of toes:

A) First finger:

82. Total Loss

1,870

83. Second phalanx loss

830

B) Second, third, and fourth fingers:

84. Total loss (each)

570

85. Partial loss of each finger

420

C) Fifth finger:

86. Total Loss

570

87. Partial Loss

420

2. º Anylosis:

A) Knee:

88. In favorable position (extension or bending up to 170 degrees, including shortening up to 4 centimeters).

2,400

B) Tibioperonea Articulation astragalin:

89. In favorable position (at right angle or up to 100 degrees of plantar flexion)

2.020

C) Tarso:

90. From the subastragalin joint or the other half-tars, in good functional position

1,600

91. Triple arthrodesis

2.220

D) Deds:

92. First finger ankylosis:

) Interphalangic articulation

420

b) Phalangic metatarsal joint

690

c) Anquilosis of the two joints

1,070

93. Ankylosis from any of the other fingers

420

94. Two-finger ankylosis

510

95. Three-finger one-foot

690

96. Four toes (in case of ankylosis of the five fingers, the thumb will be valued apart).

830

Note. They will be applicable to lower limb ankylosis the standards outlined for those of the upper limbs.

3. º articular rigidities:

) Knee:

97. Residual bending between 180 and 135 degrees

1,660

98. Residual bending between 135 and 90 degrees

1,010

99. Residual bending over 90 degrees

510

100. Residual extension between 135 and 180 degrees

720

B) Titibioperonea astragalin:

101. Decrease overall mobility by more than 50 per 100

1,780

102. Decreasing global mobility in less than 50 per 100

830

C) Deds:

103. First finger joint stiffness

360

104. First and second fingers.

570

105. Three toes.

600

106. Four toes

770

107. Of the five toes

1,070

4. º Amcuts:

108. 2 to 4 centimeters

950

109. 4 to 10 centimeters

2,020

VI. Scars not included in the above headings

110. Depending on the characteristics of these and, where applicable, the functional disturbances they produce.

450 to 1,780