Partial permanent disability: functional reality takes precedence over job adaptation

More and more companies are committed to adapting job positions to maintain activity and protect the health of their teams. However, when a worker’s functional limitations are severe, adaptation alone may not be enough. A recent ruling by the High Court of Justice of the Balearic Islands confirms this, highlighting the priority of functional reality over formal job adaptation.

Partial permanent disability: functional reality takes precedence over job adaptation

A fall that changed her working life

The protagonist in this case is a telecommunications engineer who, after a non-occupational fall, suffered serious injuries to her right arm:

  • Inability to close her hand.

  • Persistent pain and reduced mobility.

  • Difficulty performing basic tasks related to her job.

Despite this, the company acted responsibly: it adapted her position, removed field tasks and limited travel. Yet, these measures were not enough to compensate for her significant functional restrictions.

Adaptation vs. functional reality: the heart of the dispute

The INSS argued that the engineer could continue performing her duties thanks to the adapted position.
However, medical evidence and prevention reports showed otherwise:
Core tasks of her profession remained unfeasible.
Expert and medical reports confirmed her incapacity.
The company documented the actual reduction in her functions.

The Court: proven facts and workers’ rights

The High Court of Justice of the Balearic Islands ruled that:

  • Actual functional limitation prevails over the mere existence of an adapted position.
     

  • It upheld the worker’s right to partial permanent disability, granting her a benefit equal to 24 monthly payments of her regulatory base (over €60,000).

This ruling reinforces legal certainty for both employers and employees: disability must be assessed based on the objective reality of the limitations.

Key takeaways for companies and workers

✔ For companies:

  • Job adaptation is essential, but it must go hand in hand with rigorous medical monitoring.

  • Documenting every measure taken strengthens the company’s position in case of disputes.

✔ For workers:

  • Knowing their rights is vital.

It is advisable to have updated medical reports and collaborate closely with the company’s prevention service.

Adapting is important, but recognising the functional reality is even more so. Managing these cases properly protects employee health, provides legal security and shows genuine commitment to occupational risk prevention.

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