Injured that rotated the knee.

Why did he receive compensation from the National Insurance Institute?

A well-known man in the ultra-Orthodox sector tore the meniscus outside of his job.

The tribunal forced Social Security to recognize the incident as an accident.

When can the Social Security be sued for an injury that allegedly occurred from the execution of an "incorrect movement", which was not part of the work?

David Rosenthal

13/02/2022

Sunday, 13 February 2022, 10:30 Updated: 11:31

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A well-known person in the ultra-Orthodox sector demanded that the National Insurance Institute recognize an unusual accident that occurred at the gate of the Elad settlement, and asked to receive an "accident allowance."

After the National Insurance Institute rejected the lawsuit and claimed that overall he made a bad move and that he was not physically harmed by the gate, the victim appealed the ruling to the Tel Aviv Labor Court.

An appeal filed through attorney Jonathan Meyer of the Schwartz firm of Meyer Barda shows that about three and a half years ago, the plaintiff arrived on foot from his home at the gate of the Elad settlement to assist his guests who encountered a closed gate, about half an hour before Shabbat.

As he bent under the gate to help them enter, he twisted his right knee and tore the meniscus.

After he was injured, he continued to the synagogue, together with his brother-in-law, and after Shabbat, he reported to the emergency room at the hospital.

As a result of the accident, the plaintiff was forced to be absent from his place of work for more than three months.

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"It is important for people to know that in certain circumstances it is possible to receive compensation for personal accidents (Photo: Reuven Castro)

You can also claim Social Security for an accident outside of work

Jonathan Meyer (Photo: Nurit Shenkar)

Judge Dagit Weissman of the Tel Aviv Regional Labor Court ruled that according to his version, the plaintiff injured his knee while performing a rotational movement of the knee while kneeling under the gate of the settlement that was down towards the beginning of Shabbat.

This is not just a walk or a routine activity but a sudden, unexpected and unplanned mishap, the occurrence of which is clear and can be discerned and pointed out.

The judge added that "even if the plaintiff was not directly injured by the gate or another external factor, there is no impediment in the circumstances of his specific injury, to recognize this injury as an" accident "under section 150 of the Social Security Law. At the closed gate

, the court accepted the claim and even ruled that the Social Security must pay the plaintiff a sum of NIS 5,000 for his lawyer's fees.

Adv. Jonathan Meyer: "Accident benefits are intended to compensate a person who was injured in an accident other than a car accident or a work accident and by the way lost his ability to work.

"Such accidents occur every day, outside of work, at home and abroad, even abroad, and it is important that people who are injured know that in certain circumstances they may be entitled to high compensation from the National Insurance Institute."

According to Adv. Meyer, the tribunal, in a correct and just judgment, recognized him as an accident victim and in this way preserved A.'s rights as an accident victim and the purpose for which the National Insurance Institute was established.

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• injury

• Social Security