Sentence
Torts and accidents
Did you have a heart attack at home?
Maybe it's worth a lot of money to you
A heart attack or stroke that occurs at home may be considered a work accident and entitle you to a pension or grant that is worth a great deal of money.
How do you receive compensation, and what happens the day after you return to work?
Tags
Work accidents
Heart Attack
Social Security
Adv. Asael Bar-Ness, in collaboration with Zap Legal
Wednesday, 10 November, 2021, 07:18 Updated: 07:38
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Heart attack (Photo: ShutterStock)
If you had a heart attack or a stroke while you were at home, the last thing you should think about is that it was a work accident, since the serious incident occurred in your home and not at all at work or on the way to it.
But it turns out that if there is a link between incidents that occurred at work and the medical incident, Social Security may recognize it as a work accident, and you will be eligible for a grant or disability pension, which may be worth a great deal of money to you.
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How do you file such a claim with Social Security?
To file a Social Security claim, it is important to contact a lawyer who is experienced in personal injury claims who will accompany you through the process and explain what needs to be done at each stage.
When you get to the lawyer, you should tell him everything that happened in the two or three days before the heart attack.
The lawyer will try to examine whether an unusual incident occurred at work or an unusual incident related to it, one that caused that person to feel unusual stress, anger or distress.
In fact, the lawyer is trying to anchor the connection between the heart attack and work.
The applicant and the lawyer fill out forms for the Social Security claim, which are also signed by the employer.
What happens if the employer refuses to sign?
The lawyer explains to the employer that this is not a claim against him but against the Social Security, and there is in fact no filing of the claim that could harm him or the workplace.
If the employer still refuses to sign, the claim can be submitted to the Social Security without his signature and the Social Security checks this with the employer.
In the second stage, the Social Security sends an investigator on his behalf, and he interrogates the plaintiff and his witnesses, to check the claim factually.
The investigator then forwards the case to the Social Security doctor, to see if there may indeed be a connection between the work-related incident and the medical incident.
Social Security sends the plaintiff a letter specifying whether he recognized the claim or dismissed it.
If he did not acknowledge the claim, he details why.
What could be the reason why Social Security will not recognize the claim?
A heart attack is an event that is not visible as in the case of a standard work accident, for example a fall from a height, an injury from a machine, etc. - cases in which the consciousness is clear. Heart attack and stroke are specific cases where the law is different because they are not caused as a result of visible external factors. The threshold requirements of Social Security are much higher. Therefore in many cases Social Security rejects the claim. In such a case a claim is accessible to the Labor Court.
The Labor Court must be reached with affidavits of the plaintiff and his witnesses. They are interrogated, and if the tribunal is convinced that an extraordinary event actually took place, it appoints a doctor on behalf of the tribunal, who examines what exactly happened to the plaintiff. For example, if the cause of the heart attack is a myocardial infarction, the doctor will check the severity of the infarction, whether it is a gradual or sudden and immediate process, and whether it is related to what happened to him at work.
If the doctor recognizes that there is a connection, the court will generally recognize it as a work accident.
There are cases where the doctor will not recognize the causal connection, and then you can send him clarifying questions or ask to replace him.
When a judgment is received that recognizes the incident as a work accident, they return to Social Security, where the plaintiff is referred to a medical committee.
The lawyer will accompany the plaintiff during the committee, guide and explain the process to him.
What could be the committee's decision?
The committee will usually determine one of the two: disability of up to 19% - in this case the plaintiff will receive only a one-time grant or a disability of 20% or more that will entitle the plaintiff to a lifetime pension.
The amount of the grant and the amount of the allowance are determined according to a formula derived from the amount of disability and the plaintiff's salary in the three months before the accident.
How long does the procedure take?
If the procedure is conducted in Social Security only, it may take about a year.
On the other hand, if the procedure also requires an appeal to the court, it is expected to last at least two years.
If the plaintiff returns to work, will his pension be harmed?
No, the same person can return to work and receive the lifetime benefit or a one-time grant. In contrast to claims for general disability, in which usually if you return to work the allowance cannot be received, in a claim for a disability allowance for a work accident, it is possible to continue working as usual if possible. It is important to understand that heart attacks can also occur among young people (usually men), who have many more years of work ahead of them, so maintaining the right to a pension even if returning to work is extremely important.
There are cases where the person God forbid dies as a result of a heart attack. In these cases the widow or children are entitled to claim a dependents' pension, claiming that the death is the result of an incident at work.
In conclusion, a work accident does not have to occur in the workplace. Therefore, if you have a heart attack or a stroke in your home, you can file a claim with the National Insurance Institute, and if the connection between the medical event and the workplace is proven, you will receive a one-time grant or an annuity for the rest of your life.
Assisted in the preparation of the article: Renna Moore, Zap Doctors reporter.
Asael Bar Ness
is a lawyer and notary specializing in personal injury
Phone
: 053-6245498
Article
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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