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Everything that is important to know about entitlement to monetary compensation due to an injury at work

The law recognizes three main types of work injury that may entitle the victim to monetary compensation if the injury caused him or her harm: a work accident, an occupational disease, and micro-trauma.

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• Work accidents

Adv. Avi Rasiuk, in collaboration with Zap Legal

Wednesday, 04 August 2021, 12:31 Updated: 12:40

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Work accident (Photo: ShutterStock)

Any accident that occurred to a person during working hours, due to work and its requirements or breaks from work, as well as on the way from home to work or from work to home, and caused him mental or physical damage, will be considered an injury at work and may entitle the victim to monetary compensation.

In addition, illness or injury caused by working conditions and exposure to toxic substances or a dangerous work environment will also be considered as work injury.

Thus, even a heart attack or stroke that occurred shortly after an exceptional event at work (such as a heated argument with the employer) may be recognized as an injury at work.

Finally, micro-trauma injuries, which are the result of repeated action performed over a long period of time as part of work requirements, may also be recognized as an injury that qualifies for compensation.

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What is the basic right of anyone who has been recognized as injured at work?

Every work injury victim, whether an employee or self-employed, is entitled to receive an injury allowance in the amount of 75 percent of his (gross) salary or income as a self-employed person from the National Insurance Institute.

The injury allowance is compensation for the injured party's absence from work and is used as a substitute for the salary he lost due to the absence.

The injury allowance can be received for a period of up to 91 days from the day after the accident.

In order to receive them, you must contact the Department of Work Injuries at the National Insurance Institute within a year at most from the date of the accident.

Is there an additional compensation mechanism, if after 90 days the employee still cannot return to work?

An employee injured in a work accident can claim a temporary or permanent disability benefit from the National Insurance Institute, in addition to the injury allowance.

The decision regarding the degree of disability is made by the Medical Committee of the National Insurance Institute.

If the committee has determined 20 percent or more of disability, the injured party will be entitled to a fixed monthly disability pension for the rest of his life.

A disability of 10 to 19 percent will entitle him to a one-time disability grant.

A work injury victim who has been determined to have only a temporary degree of disability, but is still unable to return to work, can claim recognition as a "needy disabled person" and receive a 100 percent pension for the determined period.

In which cases can compensation be demanded from the pension fund or from private insurance for an injury at work?

Every employer is obligated to ensure that the employee is insured with disability insurance. Thus, in cases where the loss of ability to work due to the injury lasts more than 60 days, you can also apply to the pension fund or the executives' insurance for a disability benefit.

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When filing a claim for incapacity for work there are several degrees of compensation determined by the type of policy. The most basic insurance is called "complete loss of ability to work", according to which the insured will be entitled to compensation only when he has lost at least 75 percent of his ability to work. "Extended incapacity for work" is a policy that allows recognition of the right to compensation starting from the loss of 25 percent of the incapacity for work, ie even in the case of partial incapacity for work. The "professional incapacity for work" insurance policy will also cover cases where the insured is unable to return to his specific profession due to the accident.

In addition, if an employee has various insurances, through the employer or private insurances he has made for himself, such as personal accident insurance, they may allow him to receive additional monetary compensation.

Hence, it is important that each employee find out what type of insurance coverage exists in his policy on behalf of the workplace and examine the possibility of expanding it according to his needs and the professional risks in his field of occupation.

What are the options for filing a claim against the employer's insurance or any third party?

In addition to Social Security and private insurance, it is advisable to check the possibility of filing a tort claim against the employer’s insurance.

In a lawsuit against the employer, the employee must prove that the accident occurred due to the employer's negligence.

For example, if the employee was injured by a machine in the workplace and can prove that it was dangerous and without proper protection, he could claim the employer's responsibility and claim compensation from him.

In addition to the employer, there are other possible third party defendants, such as another contractor other than the employer or the manufacturer of the dangerous machine that caused the accident.

The claim against the employer and the third party is a tort claim aimed at compensating the injured party for the damages caused to him in the accident, such as pain, medical expenses, loss of income, suffering and mental anguish.

What are the rights of an employee who is fired due to an injury at work?

If the employee is fired or unable to continue working due to the accident, he is entitled to severance pay and additional rights in the field of labor law.

If the employer refuses to fire the employee but the employee has received permission from an occupational physician not to continue with the type of work he has performed, the employer is obligated to find an easier job for him or alternatively give him a letter of dismissal.

Why contact a lawyer who specializes in tort and labor law for the purpose of exercising rights?

It is important that an employee injured at work receives legal advice before filing the various claims. A lawyer who specializes in work accidents will know how to guide you on how to fully exercise your rights. He will advise you on what should and should not be said or written on the various forms so that it does not infringe on your rights. He will also recommend to you which claims should be filed, to which body and in what order, and which compensation is offset from each other.

Finally, the lawyer will formulate the claims in a way that will increase the chance of receiving higher compensation and represent you before the various bodies such as: Social Security or the court, and will increase your chance of receiving as high compensation as possible.

Mordechai & Avi Rasiuk Law Office

specializes in counseling, escorting and representing work-related injuries

Phone: 077-9971220

Article

courtesy of Zap Mishpati

The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk

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