Work Injury Rights - Comprehensive Guide

Comprehensive Guide to Work Injury Rights

Work disability allowance, injury benefits and special allowance

Introduction

Were you injured in a work accident or suffering from an occupational disease? The National Insurance Institute provides various benefits to work injury victims, including injury benefits for the initial recovery period, an allowance or grant for residual disability, and a special allowance for severely disabled persons who need help with daily activities. Our firm specializes in representing work injury victims and maximizing all entitled rights.

This guide will help you understand all the rights you are entitled to and the processes for exercising them, including important tips for success in medical committees.

Part 1: What is a Work Injury?

Work accident is an injury that occurred during and because of work, including on the way to work or returning from it ("road accident on the way to work").

Occupational disease is a disease caused by work conditions, such as hearing impairment due to noise exposure, or respiratory problems due to exposure to hazardous materials.

Microtrauma - gradual injury caused by repetitive actions at work, such as carpal tunnel syndrome in computer workers.

Part 2: Injury Benefits

What are Injury Benefits?

Injury benefits are payments that replace income during the period when the injured person is unable to work due to the injury. The payment is provided for up to 91 days (13 weeks) from the date of injury.

Eligibility Requirements

• The injury was recognized as a work injury by National Insurance
• A doctor determined incapacity for work due to the injury
• A claim for injury benefits was submitted within 12 months of the injury date

Injury Benefits Calculation (2025)

Injury benefits are calculated at 75% of income subject to insurance premiums in the 3 months preceding the injury, divided by 90. The maximum ceiling is 1,283.50 NIS per day (as of January 2025).

Submitting a Claim

1. Receive medical treatment - Seek treatment within 72 hours of the injury
2. Complete form BL/211 - Claim for injury benefits and work injury notification
3. Attach documents - Medical certificates, employer declaration (BL/250 or BL/283), incapacity certificates

Part 3: Work Disability Allowance

What is Work Disability Allowance?

After the injury benefits period, if disability remains as a result of the injury, the injured person is entitled to a disability benefit - a monthly allowance or one-time grant, depending on the disability percentage determined.

Disability Levels and Eligibility

Disability Percentage	Type of Benefit
0% - 8.99%	No benefit eligibility (only injury benefits and medical expense coverage)
9% - 19.99%	One-time grant (approximately 43 monthly allowances)
20% - 100%	Lifetime monthly allowance

Allowance calculation: 75% of salary in the 3 months preceding the injury × disability percentage. The maximum allowance ceiling is 38,505 NIS per month (2025).

Important Advantage: Working While Receiving Allowance

Unlike general disability, income from work or any other source does not affect the work disability allowance amount. You can return to work and earn full salary without the allowance being reduced.

Part 4: Regulation 15 - Increasing Disability Percentages

Regulation 15 allows increasing medical disability percentages in cases where the disability significantly affects earning capacity. This regulation is unique to work injury victims only.

When Does Regulation 15 Apply?

• The injured person cannot return to their previous work due to the disability
• The disability causes a significant decrease in income
• The injured person experiences difficulties integrating into the labor market due to limitations

Increase Rates

The committee may increase disability percentages by up to half (50%) of the determined disability. For example: 20% disability can increase to 30% with full application of Regulation 15.

Important: For disability of 20% and above, National Insurance must convene an "authority committee" to examine the application of the regulation.

Part 5: Special Allowance for Work Injury Victims

Work injury victims with severe disability may be entitled to an additional monthly special allowance, intended to assist with personal care and maintenance.

Eligibility Requirements for Special Allowance

• Work disability level of 75% or more permanently
• Or temporary disability of 75% or more, when permanent disability is expected not to fall below 75%
• The injured person needs help with daily activities or personal care assistance

Special Allowance Amount (2025)

The special allowance amount is determined according to the level of assistance required. The maximum allowance is 9,626 NIS per month (as of January 2025).

This allowance is paid in addition to the regular work disability allowance.

Part 6: Needy Disabled Person

"Needy disabled person" is a special track for work injury victims who were determined to have temporary disability below 100%, but in practice are unable to work at all due to the disability.

Conditions for Recognition as Needy Disabled Person

• Temporary disability below 100% was determined
• The injured person is unable to work in any occupation due to their disability
• The injured person has no income from any occupation

Advantage: Recognition as needy disabled person allows receiving 100% rate allowance for up to 4 months, even if the determined medical disability is lower.

Part 7: The Medical Committee - Tips for Success

The medical committee determines disability percentages and type of disability (temporary/permanent). Proper preparation can significantly affect the outcome.

1. Prepare all medical documents - Hospitalization summaries, imaging tests, expert opinions
2. Describe your limitations in detail - How the injury affects daily life and work
3. Don't minimize the severity - Describe reality as it is, including difficult days
4. Request Regulation 15 application - If the disability affects earning capacity
5. Consider legal support - A lawyer can assist with preparation and representation at the committee

Part 8: Appeals

Appeal to Medical Appeals Committee

You can appeal the medical committee's decision within 30 days of receiving the decision. The appeal is submitted to the medical appeals committee.

Appeal subjects: Disability percentages, disability start date, determination of temporary instead of permanent disability, non-application of Regulation 15.

Appeal to Labor Court

The appeals committee's decision can be appealed to the Regional Labor Court on legal questions only (not medical determinations). The appeal is submitted within 60 days of receiving the decision.

Part 9: Additional Benefits for Work Injury Victims

• Full medical treatment - All treatments related to the injury are funded by National Insurance
• Disabled person certificate - From 20% permanent disability and above (benefits at public institutions)
• Vocational rehabilitation - Professional training, studies and retraining
• National Insurance premium exemption - For 100% work injury victims
• Allowance capitalization - Option to receive part of the allowance as a one-time payment
• Mobility allowance - For work injury victims with leg disabilities

Why Legal Support is Recommended

Our attorneys specialize in supporting work injury victims and assist at all stages of the process:

1. Injury recognition - Assistance in proving the connection between the injury and work, especially in occupational diseases and microtrauma
2. Medical committee preparation - Gathering documents, preparing arguments and emphasizing functional impairment
3. Regulation 15 maximization - Ensuring application of the regulation to increase disability percentages
4. Appeals - Representation at appeals committees and Labor Court

For more information on related topics, visit our expertise pages: insurance claims and loss of earning capacity claims.

Contact Ron-Pestinger Law Office

Injured at work? We are here to help you realize all the rights you are entitled to. Our team specializes in representing work injury victims before National Insurance, preparing for medical committees and managing appeal processes.

Contact us for a free initial consultation

Disclaimer: This guide is general information only and does not constitute legal advice. Amounts are current as of January 2025 and may change. For personalized advice, please contact our office.