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Labor and Employment Law
Work accident: What is it, who is in the definition of a work injury victim and what are his rights?
Did you go to work and slip on the stairs?
Were you exposed to dangerous material in the course of the job and did you fall ill?
It is very possible that you deserve recognition as a work injury victim.
What is a work accident or occupational disease and what does the injured person deserve?
Adv. Liat Hamo, who specializes in tort law and social security, explains
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work accident
Adv. Liat Hemo, in collaboration with Legal Zap
Monday, 16 August 2021, 10:49 Updated: 10:53
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What happens in the event of a work accident?
(Photo: ShutterStock)
The workplace gives us employment and financial security, but does not necessarily guarantee that it will improve with our health over time.
Sometimes, one object placed in an inappropriate place and a "natural" action that is repeated over and over again are enough to expose the employee to medical damage.
Not once, even a quarrel with a co-worker or with the boss can lead to a health event that has long-term consequences.
At the same time, it is important to remember - not every event in the workplace or on the way to and from it is considered a work accident.
The definition in the law for a work accident
A work accident as it is called - an accident that occurred while working and due to work or due to performing a certain action in the workplace.
A work accident can be caused on the way to, from or outside the workplace.
There are cases where a cardiac event or stroke is recognized as a work accident, if it is found to have occurred as a result of a one-time event in the workplace or at a time close to that event.
In this context, I will note that I often come to the offices of inquiries of cardiac events or aggravation of the mental state resulting from one-time arguments with a client, manager or co-worker and sometimes due to continuous abuse in the workplace and can also be proven, under certain conditions, as work accidents.
Who is in the risk group of being recognized as a work injury victim
Workers in physical work or those exposed to a hazardous work environment, such as working at heights, exposure to hazardous materials, endurance work, exposure to noise factors, working with dangerous equipment or tools, work involving heavy driving and more, are at the highest risk of injury. At the same time, many times prolonged manual labor (e.g. builders, drivers, drilling workers) that cause bodily harm, are not recognized as work that led to an occupational disease or “micro-trauma”.
For example, a kindergarten assistant who suffered a cardiac arrest following an argument with another assistant, and her life was saved thanks to the medical staff was recognized as a victim of a work accident and was entitled to compensation and rehabilitation. In another case, an employee who worked as an office manager for about 20 years suffered from repeated abuse and humiliation by a senior member of the organization and as a result her mental condition worsened. She was recognized as a work injury victim and received compensation. On the other hand, nursing workers who suffered from herniated discs or tears in the shoulder and arm tendons, as a result of prolonged and long-term physical labor, were often not recognized as work-related injuries.
This is therefore a complex and unique field, which requires expertise and guidance even at the stage of preparing the claim.
It is unfortunate to realize that many workers do not recognize the rights that may entitle them to recognition as work-related injuries.
Sometimes they are afraid of losing their job or quarreling with the employer - while acknowledging a work accident is not necessarily related to the employer's negligence and moreover, if he has legally set aside social security contributions for the employee, no lawsuit will be filed against him in some cases.
Due to information gaps, these employees may be harmed and lose many financial rights that they sometimes deserve from completely different factors (pension fund, insurance companies, social security).
These are often amounts that are intended to assist in rehabilitation procedures, surgeries and actions related to treatment and recovery that the employee alone carries.
Various aspects of work accidents
The claim of the National Insurance Institute arises immediately in the context of a work accident. After all, if a person cannot work, he cannot get drunk and therefore Social Security is supposed to help him during this very period. However, several work accidents often involve several factors.
For example, if the work accident occurred on the way back from work in a rented vehicle, then the parties involved in this case are also the insurance company that insures compulsory insurance and if the accident happened in the workplace itself, the workplace is also liable for negligence and from it compensation can be claimed. Sometimes the pest responsible for the accident is not the employer himself, but for example a subcontractor and so on.
At the same time, it should be noted that not every case is recognized as a work accident and not always the employee will be entitled to benefits. For example, when the employee deviated from the route of his journey on the way from work to his home and the accident occurred at the stage of deviation from the regular route. At the same time, even in these cases it is possible to appeal the decision and in some cases there is even a chance to change the decision.
How to act after a work accident?
There are several courses of action, but the first and most important is medical treatment. It is very important already after receiving the initial medical treatment, to contact a lawyer and consult on how to formulate the claim form, referral to the employer and so on.
Hire the services of a lawyer who is knowledgeable in the field of torts and social security so that he can assess whether the car accident you had was in fact a work accident and also guide you regarding the manner of treatment, the manner of medical documentation and more. The lawyer will accompany you through the lawsuit process and will examine other aspects, such as negligence and the involvement of other parties, from whom you are entitled to compensation.
Lawyer Liat Hamo has been working in the field of torts and social security for more than a decade. In the past, she worked for an insurance company in the field of insurance claims and she knows the issue by heart. Liat represents victims of work accidents to exercise rights in the various assessments. For more details and to contact us call: 08-9797340 050-4385882 For more information visit the
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courtesy of Zap Legal
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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