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Corona is an epidemic.

Will it be recognized as a work accident?

Infection with a viral disease is not a reason to recognize a work accident, but the corona is no longer a viral disease, and the lack of clarity in its case may lead to Social Security compensating for it.

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• Corona

Adv. Ariel Froelich

Tuesday, 20 October 2020, 08:46

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In the video: PM calls on public leaders to abide by the rules (Photo: GPO)

Allegedly, infection with a viral disease (flu, runny nose, colds, etc.) does not constitute a ground for seeking recognition as a work accident from the National Insurance Institute, or a ground for claiming damages against the cause of the infection.

These are ordinary life risks, which do not justify the administration of justice.

Corona is not a common disease.

She long ago received a definition of an epidemic.

Laws, orders and temporary provisions were enacted in the Knesset in her case.

No disease has received such legislative attention in the past.

Corona infection in the workplace, due to poor working conditions (enclosed space, overcrowding, failure to wear masks, use of common tools, reception of an audience) can be considered a work accident from the point of view of Social Security.

The definition of "work accident" is an accidental event caused during and as a result of work.

This rule has been greatly expanded in court rulings.

There is a difference between corona and another contagious viral disease.

If catching the flu at work has never been recognized as a work accident, there is a difference between it and the corona.

Corona has epidemic characteristics and specific risks of infection in the workplace.

Even morbidity, in some cases much more severe.

This may meet the definition of an accidental event that occurred during and as a result of the work.

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Absolutely no more disease.

Corona patients at Rambam (Photo: Reuven Castro)

A large list of diseases typical of workplaces have been recognized as occupational diseases: exposure to asbestos, X-rays, noise, use of toxic substances and more.

These were recognized as occupational diseases, i.e. as "work accidents."

Exposing an employee to such risks also constituted a ground for claiming compensation from the employer.

All those specific diseases are typical only of workplaces.

Corona, on the other hand, can be defined, for example, as a particularly contagious disease, which a stay in a workplace with poor distance conditions and lack of adherence to rules can cause.

The severity of the illness also has a decisive weight.

The Knesset's special legislation regarding Corona has significance.

If we assume that a person is very careful, outside his workplace, and does all the necessary actions in order not to get infected, but is forced to come to the workplace in order to make a living and gets infected there from Corona because of working conditions he may be considered a "work injury".

There is no difference between such a person and a hospital nurse who has been infected with an infection originating in the hospital.

The "purple mark" to which employers are committed imposes on them a series of extremely difficult guidelines to implement.

This is even more true for a dynamic workplace where there is traffic, there are meetings, there is coffee making, there is going to the bathroom, there is an audience reception, use of common tools and more.

Adherence to such guidelines is almost impossible.

An employee who fell ill in Corona at work may claim that the employer has breached his duty of protection and claim compensation.

The danger of infection exists in any closed space (Photo: Reuven Castro)

Adv. Ariel Froelich (Photo: Liron Moldovan)

It is likely that the employer, who is insured with employer liability insurance, will try to activate the insurance.

It is also likely that insurance companies will claim that they did not anticipate such claims when drafting the policies.

Assuming this is an ordinary employee negligence claim against an employer, the insurance is supposed to cover, but it depends on the wording of the policy and the goodwill of the insurance company.

In conclusion, this is a new legal area.

I am sure that this issue will find its way to the courts in the near future.

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