Work Accidents

Personal Injury Claims Resulting from Work Accidents

Work accident victims in Israel enjoy a variety of rights and have several avenues available to them to exhaust their rights vis-à-vis the various entities. At times, despite their difficult condition, the injured party is required to face lengthy and complex legal proceedings, and therefore it is recommended to seek professional legal consultation before beginning to exhaust their rights.

Who do you sue after a work accident?

The lawsuit against the National Insurance Institute is divided into two main parts:

Claim for injury benefits: Injury benefits are intended to compensate the injured party for loss of wages or income due to the work injury, and they are paid for the period during which the injured party did not work at any job and required medical treatment, and for no more than 91 days, counted from the day after the injury.

Claim for determination of work disability degree: If the injured party believes that the injury in the accident left a disability in their body or mind, that injured party is entitled to file a claim for a work disability allowance. The disability allowance will be paid to the injured party according to the disability percentage that will be determined for them by the medical committees of the National Insurance Institute, whereby sometimes the injured party will be paid a one-time grant without an allowance.

Both of the above claims must be filed within 12 months from the date of the injury at the National Insurance Institute branch closest to the injured party's place of residence. Filing the claim at a later date may harm the injured party's right to the allowance, in whole or in part.

The claim for work disability allowance will be processed by the National Insurance Institute only if a claim for injury benefits was previously filed and recognized as a work injury.

The ideal time to file the claim for work disability allowance is close to the end of the injury benefits payment period, since if the medical committee determines that as a result of the injury in the accident no disability whatsoever remained for the injured party, the injury benefits payments will be discontinued.

Medical expenses – a work accident victim is entitled to free medical treatment at the health fund in which they are registered as a member. The type and scope of medical treatment will be determined by the authorized doctor. It is important to note that no reimbursements will be given for treatments performed in the framework of private medicine, not even for dental treatments, except in exceptional cases.

The Employer or the Party Causing the Damage

In cases where a work accident or occupational disease was caused as a result of the negligence of the employer or another party, the injured party has the option to sue for compensation from the party causing the damage as well, in addition to their lawsuit against the National Insurance Institute (see below).

There are countless cases and possibilities of work accidents ranging from falling from a ladder or scaffolding, injury due to use of a machine (saw/lathe/disc) as a result of defective shielding of the machine, slipping on oil or water or dirt in the workplace, electrocution, falling from an unfenced location, and many more possibilities.

What actions should be taken to ensure the success of the tort lawsuit?

Immediately after the accident occurs, the injured party must demand to receive proper medical treatment at a recognized medical institution such as a hospital or health fund. During the course of receiving treatment, all limitations and pains from which the injured party suffers as a result of the injury in the accident must be told to the doctor. Additionally, the accident and sequence of events must be described to the doctor, and it must be verified that indeed all the details provided are recorded in the medical report in a reliable manner, since a medical document in which the types of injuries and manner of occurrence of the accident are described can greatly help in proving the very occurrence of the accident and the way in which it occurred.

All medical material must be collected, including test results, X-ray images, various opinions, etc., and care must be taken to collect documentation of the various expenses incurred as a result of the accident.

One must not speak with an external party or convey any information regarding the details of the accident or regarding the condition of the injured party, and particularly investigators on behalf of the various insurance companies, before receiving professional legal consultation.

As close as possible to the date of the accident, it is recommended to document in writing the sequence of events related to the accident, including the details of all witnesses who saw the accident.

Contact an attorney so that they may examine the prospects of the lawsuit and the damage caused due to the accident and even refer the injured party to medical experts so that they may provide opinions for the purpose of supporting the lawsuit.

Occupation within the Framework of the National Insurance Institute

Because of the relative priority of work accident victims vis-à-vis other injured parties at the National Insurance Institute, one of the first questions that can raise a dispute between the injured party and the Institute is whether this is a work accident?

The National Insurance Law defines a "work accident" as an accident that occurred in the course of and due to the injured party's work. An accident that happened at work, but without a direct connection to the performance of the work, will not be considered a "work accident". For example, an employee who suffered a heart attack during their work will be considered a work accident victim only if a connection is proven between the work conditions and that heart attack.

An accident is considered a work accident even if it occurred on the way to work or on the way back from it or during a break determined by the employer, thus also an accident that is a car accident or an accident on an employee's way to lunch can be considered a work accident.

In order for an employee to be recognized as a work accident victim, a sudden and unexpected event like an accident does not have to occur, but rather under certain conditions even processes that develop gradually, such as various diseases or defects that were caused due to the work or its conditions can grant the employee recognition as a work accident victim.

Private Insurance

In many cases, employees are insured at their workplaces or independently through various insurance policies, such as managers' insurance, various pension plans, "personal accident" insurance, etc. In cases where the relevant policy covers an injury of the type caused to the injured party, they will be entitled to compensation regardless of the compensation to which they are entitled from the National Insurance Institute and/or from the party causing the damage.

We are a law office that has been handling various types of tort lawsuits for over 25 years. The office has extensive experience in managing cases of work accident victims, vis-à-vis the various entities. We would be happy to place at your service the extensive experience we have accumulated over the years in this field for the purpose of assessing the prospects of your lawsuit vis-à-vis the employer or other parties causing the damage.