Disability refers to any state of impairment in the physical or mental health of the worker that temporarily or permanently prevents the personal provision of service by the worker. As a result of this situation, the economic benefit known as disability allowance arises, the recognition of which is the responsibility of the entities that are part of the general Social Security system for its contributing affiliates during the time they are temporarily disabled from performing their usual profession or trade. It should be clear that the disability allowance is not salary.
These disabilities, depending on the cause that generates them, are classified into: (i) Common-origin disability: those that arise from an illness or accident that is not related to the work or activity for which the worker or contractor was hired, in the case of persons engaged through the provision of services. (ii) Work-related disability: those that derive from an illness or accident related to the performance of the functions for which they were hired, from an accident occurring within the company, or from an illness caused by routine activities in the workplace.
The entities responsible for the recognition of the disability allowance are the Health Promoting Entities (EPS), the Occupational Risk Administrators (ARL), and/or the Pension Fund Administrators (AFP).
Disabilities are settled based on the last contribution salary, that is, the salary on which the employer made the respective contribution to the Social Security system is taken as a reference. This is known as the contribution base income (IBC), and according to its duration and origin, they will be settled and paid.
Regarding Common-Origin Disability
| Days of Disability | Responsible for Payment | Percentage of Settlement on the IBC for Payment |
| 1-2 | Employer | 66.66% |
| 3-90 | EPS | 66.66% |
| 91-180 | EPS | 50% |
| 181-540 | AFP | 50% |
| 541 onwards | EPS | 50% |
These initial disabilities will be paid during each nominal period to the worker until completing 180 continuous days of disability, and the employer must carry out the procedure for reimbursement of the economic benefit before the EPS to which the worker is affiliated.
Once 180 continuous days of disability have elapsed due to the same diagnosis, if the treating physician does not evidence an improvement in the worker's health that allows them to return to their work and daily activities, the disability will be extended.
Disabilities generated from day 181 onwards will be settled and paid by the pension fund to which the worker is affiliated, provided that the EPS has previously issued a rehabilitation concept for the worker duly notified to the pension fund within the period established by law. The procedure for filing, recognition, and payment of disabilities before the pension fund must be carried out by the worker until completing 540 continuous days of disability.
If the worker has not achieved total or partial recovery, despite continuing with the protocols, care guidelines, and recommendations of the treating physician, or is carrying out the procedure for the Qualification of Loss of Work Capacity and remains disabled, exceeding 540 days, then it will be the EPS that must carry out the recognition and payment of the economic benefit for disability, and this procedure must be carried out by the worker.
Regarding Work-Related Disability
| Days of Disability | Responsible for Payment | Percentage of Settlement on the IBC |
| From the day following the work accident or the diagnosis of the work-related illness and until the worker is rehabilitated or discharged. | ARL | 100% |
The regulation does not contemplate an obligation for the employer to carry out this payment and subsequent reimbursement before the Occupational Risk Administrator; however, by analogy with the regulations that contemplate the procedure established for common-origin disabilities, it applies in the same manner without prejudice to the days of disability granted to the worker until they achieve maximum medical improvement.
To determine the percentage of maximum improvement obtained by the worker, the ARL will qualify in the first instance the percentage of loss of work capacity of the worker in order to define whether they are discharged, and depending on the percentage obtained in the assessment, they will be entitled to the recognition of compensation for Permanent Partial Disability or a disability pension of work origin at the expense of the ARL.