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A car accident that is also a work accident: how not to lose money

A significant proportion of road accidents that occur in Israel are also defined as work accidents.

Why are these definitions important, and how will you exercise your full rights?

All the details in the article

Tags

• car accidents

• Work accidents

Adv. Ravid Jagodiner, in collaboration with Zap Legal

Thursday, 11 November 2021, 09:29 Updated: 09:41

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Road accident (Photo: ShutterStock)

According to police reports, about a tenth of the road accidents that occur in Israel are also defined as work accidents.

This figure means that these are accidents that occur on the way to or from work or that involve professional drivers (couriers, drivers, etc.) who are injured during the work day.

For those involved in a car accident that is also a work accident, it is important to be aware that this is a legally unique situation, so as not to be harmed and lose their rights.

In the following lines we will ask to explain what is a work accident which is also a car accident, what are its consequences, and what should be especially careful.

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What is a work accident that is also a car accident?

The Compensation to Victims of Road Accidents (Road Accident) defines a series of situations in which the accident will also be considered an accident at work. First and foremost, meet this definition of road accidents that occur to employees who are on the way to work or back from it, sometimes even if they deviate slightly from the road.

So for example, an employee travels to his job, and generally disperses the children to their schools and offer an accident - is considered to be injured in a work accident is also a car accident. even an accident that occurs when a worker detour to work to pray in a synagogue would be considered a road accident that accident at work.

in addition, Road accidents that occur on the road during the working day (among others, accidents involving couriers, truck drivers and bus drivers) will naturally be considered work accidents.

Which car accident will not be considered a work accident?

According to the Compensation for Road Accident Victims Law, when the employee makes a real deviation from his normal way to or from work (and this deviation is made for a non-work-related purpose) and an accident occurs - this will not be recognized as a work accident.

In addition, the accident will not be recognized as a work accident even when it occurs due to clear negligence on the part of the employee.

I was injured in an accident that is also a work accident.

Who can I sue?

Anyone involved in a road accident that is also a work accident can sue both the company that insures the vehicle with compulsory insurance (for the road accident) and the Social Security (for the work accident).

It is important to emphasize that filing both lawsuits is not just a matter of convenience, but may be essential, so as not to lose money.

This is because of the basic principle that victims are not given double compensation, and the compulsory insurance company may deduct from the compensation it pays to the victim the amount he received or could have received from the Social Security.

That is, if the injured party does not exercise his rights before the National Insurance Institute in this matter, he may lose his rights, and at the end of the day receive less than the total compensation he deserves.

What compensation can be obtained for an accident in these circumstances?

For a car accident that is also a work accident, you can receive compensation of various types.

From the Social Security, you can receive, among other things, an injury allowance for 90 days, and a one-time disability grant or a monthly disability pension (if the disability rate exceeds 20%), as well as a subsidy for medical treatments, rehabilitation and more.

Significant compensation can be obtained from the vehicle's compulsory insurance company, among other things for the loss of income caused to the employee, loss of earnings, compensation for pain and suffering, third party assistance and more.

Which lawsuit should be started first - is it against Social Security or against the compulsory insurance company?

This question is fundamental and important, and may determine the fate of the case. It is important to know that if the claim is submitted first to the National Insurance Institute - the disability percentages determined for the injured party by the medical committee will also be binding in the subsequent claim against the insurance company (except in exceptional cases).

On the other hand, if the claim is first filed against the insurance company, the degree of disability determined does not necessarily bind the Social Security. It should be noted that Social Security physicians are perceived as more stringent compared to court experts in a road accident proceeding, and therefore it may be more lucrative to initiate a lawsuit against the insurance company.

On the other hand, filing a claim with the National Insurance Institute before the one filed against the compulsory insurance may shorten the legal process, since the determination of the percentage of disability by the insurance obligates the court in the claim for the road accident.

To all the considerations it should be added that the medical experts in a claim relating to a road accident can be investigated in a cross-examination in court, as opposed to the Social Security doctors.

It is important to know that the claim against Social Security must be filed within one year from the date of the incident, and the claim against compulsory insurance can be filed within seven years from the date of the accident.

* Adv. Ravid Jagodiner

Phone

: 053-7105411

courtesy of Zap Legal The

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