Claim what is coming: The disability options facing the disabled
There are a variety of claim paths for those who suffer from a health condition that restricts their behavior and / or does not allow them to earn a job. What is the appropriate route for each situation and what are the rights derived from it?
National Insurance Institute (Photo: Reuven Castro)
National Insurance Institute (Photo: Reuven Castro)
Obtaining compensation for disability is made possible through two different avenues - one with the National Insurance Institute and the other with the insurance companies. Each of the channels has different claim paths based on the reason for the disability and the limitations that result from it; Compliance with the conditions that define each route will guarantee eligibility for the rights derived from it.
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To the full articleClaims against the National Insurance Institute - General Disability
The National Insurance Institute proposes two paths of claim: the job casualty route intended for the disabled or the workplace, and a general disability route for people who are sick, injured in a car accident or otherwise injured.
Under the General Disability Track, there are two different types of monthly allowances to which the assessee may be entitled:
General Disability Allowance - intended for claimants from the age of 18 to retirement age (62 for women, 67 for men), whose medical condition has significantly impaired their earning capacity. In order to qualify, the claimant will be required to appear before a medical committee of the National Insurance Institute. The committee will examine the suitability of the claimant to the track under two conditions: the percentages of medical disability to be determined in accordance with their health status, and the degree of inability to earn, as a result of this disability.
Eligibility for annuity will be granted when at least 40% of a medical disability is determined (in defined cases, eligibility will also be given in the case of 50% and 60%) and a degree of inability of at least 50%. The amount of the allowance will be determined by the degree of incapacity determined by the committee. The maximum allowance, which will be provided for full earning capacity, will amount to NIS 3,312. This allowance may include extras such as a supplement.
Special Services Allowance - A person in need of regular help with day-to-day operations (ADL) can file a claim for special services allowance, in addition to the general disability allowance, and in some cases - even if they do not receive such allowance. To determine eligibility for a special services allowance, the plaintiff needs assistance in performing five basic activities: eating and drinking, clothing, bathing, home mobility, and control of the brackets. The amount of the allowance will be determined by the degree of dependency of the claimant, with the maximum allowance amounting to NIS 5,324 per month (there are 3 dependency levels).
You can sue for diseases that break out due to working conditions. Factory worker (illustration photo: shutterstock)
Factory worker (Photo: ShutterStock)
Claims against the National Insurance Institute: Work casualties
The National Insurance Workers' Casualty Track provides compensation to the casualties on three different routes:
Occupational illness - illness that broke out as a result of working conditions and character.
Work accident - Injury as a result of an unusual accident due to and during work or on the way to / from it.
Micro-trauma - injury which is the result of carrying out repeated regularly as part of the job requirements.
Contrary to a general disability claim, the plaintiff will have to prove a causal link between his work and the disability he suffers from. If such a relationship is found, the claimant will be compensated according to the amount of disability that will be determined for him: up to 19% will be credited with a one-time grant, while a disability of 20% and above will receive a monthly allowance. The amount of the grant or benefit depends on the claimant's salary before the injury, and their eligibility does not depend on the earning capacity afterwards.
Claims against the National Insurance Institute: Mobility
The National Insurance Institute provides another basket of benefits that is derived from the mobility agreement and given to those with difficulty walking as a result of their health and belong to the list of medical conditions enshrined in the mobility agreement (orthopedic conditions, vascular diseases, neurological diseases).
The basket of benefits includes: mobility allowance, disability certificate, exemption from a license fee and a standing loan (the state's participation in the purchase of a new vehicle in the tax component).
Long-term care is suitable for a person who is unable to perform day-to-day operations (illustration photo: shutterstock)
Adult man in wheelchair with nursing nurse (Photo: ShutterStock)
Claims against insurance companies
Another claim is being filed with the insurance companies, in accordance with the policies purchased:
Disability pension claim and / or loss of work ability - Any person with an active pension fund who, due to his health condition, is forced to retire from work before retirement is entitled to claim the insurance company in which his pension fund is managed. Full loss of earning capacity will guarantee up to 75% of salary, but partial eligibility may also apply.
Nursing Insurance Claim - This claim route is suitable for anyone with private long-term care insurance or through the health insurance fund, who needs assistance in carrying out the five daily operations mentioned above (in specialized services), due to his health condition. Such a claim may provide monthly compensation in the amount of thousands of shekels according to the policy purchased.
Serious Illness Insurance Claim - A person who purchased serious illness insurance (privately, cannot be purchased through health funds) and has one of the illnesses included in the policy is entitled to compensation, usually in the form of a one-time grant.
Getting acquainted with the rights that reach disabled people and the existing lawsuits can be complex and confusing. In order to understand exactly what you are entitled to, it is advisable to contact a lawyer who specializes in the field that will accompany you until you get the full rights you deserve.
Attorney Linoy Olnick is the founder and owner of the Olnay Linoy Law Firm specializing in tort and accident, social security claims and the exercise of medical rights.
Phone: 053-9387252
The article is courtesy of Zap Legal
The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone who relies on the information contained in the article does so at his own risk