Occupational diseases and microtrauma: work accidents you did not know about

Your health was damaged at work but not in a specific accident?

You may be recognized as a work accident victim.

Exposure to hazardous materials or noise, repeated actions and other factors can be grounds for compensation.

Adv. Maor Ezran explains

Adv. Maor Azran, in collaboration with Zap Legal

17/01/2022

Monday, 17 January 2022, 14:55 Updated: Wednesday, 19 January 2022, 10:01

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Adv. Maor Ezran (Photo: PR)

Most of us tend to think of work accident victims as those who were injured in a particular incident that occurred at a particular time in the workplace, for example those who were injured in an accident as a result of using a machine, or slipped on a wet floor at work. Some of us even knew to say that even those who were injured in a car accident at work, on the way to or from it, were also injured in work accidents. But under the definition of work accidents there is a much wider range of diseases and injuries, most of which consist of injuries that cannot be put on the specific date on which they occurred.

"A work accident involves not only those who were injured in a concrete incident, but also workers who were exposed to dangerous working conditions over the years, or those who performed repeated actions that caused them cumulative damage, just like water droplets falling on a rock," explains Adv. Maor Ezran, expert For accidents and the exercise of rights. "Many workers are not at all aware of the issue of occupational diseases and injuries caused by microtrauma,And it is important that they know that these are injuries for which significant compensation can be obtained from the National Insurance Institute. "

"Occupational diseases are diseases that it is impossible to determine exactly when they occurred, but they were caused by the problematic working conditions to which the employee was exposed, such as hazardous materials or other problematic environment. Social Security regulations list a closed list of occupational diseases "Diseases related to work in severe noise conditions, diseases that result from exposure to vibrating devices, and many other different conditions."

"An occupational physician or other specialist physician can indicate the causal relationship between the working conditions to which the employee was exposed to the disease he suffered from. Therefore, when an occupational disease is suspected, it is important to consult a suitable physician and verify with him the ability to prove causality."

You mentioned the term "microtrauma" - can you elaborate please?

"Microtrauma is a term that describes the cumulative damage done to workers over the years as a result of a series of repetitive actions performed by them. Each of the injuries alone did not cause that worker significant damage, but their accumulation together led to years of damage. Microtrauma victims are also entitled to compensation.

" Clearly, the concept of microtrauma has developed through the rulings of the courts over the years.

The list of occupational diseases is, as stated, a closed list, but the theory of microtrauma makes it possible to recognize additional diseases that are constantly discovered and are not on this list, through court rulings.

"In order for damage to be recognized as microtrauma, the victim must prove, among other things, that the minor injuries occurred during his work, and prove the connection between those injuries and the damage. It is important to know that according to the ruling,

"This is a critical issue that is important to emphasize - a causal link to the illness or injury can be in the sense of causing - i.e. a direct link between working conditions and causing damage; or a causal link of aggravation - i.e. working conditions exacerbated the disease; .

compensation for occupational diseases or microtrauma may behave may be significant, but it is important to conduct it in a considered and correct manner, which will maximize the chances of the claim being successful. Adv. Azran recommends taking the following steps:

Before you set out, it is important that you consult with an occupational physician or a specific physician, who will examine the disease you are suffering from and examine the relevant medical literature regarding the possibility of a link between your working conditions and the disease that has appeared.

· Make a list of all the working conditions in an orderly manner and write down the smallest details, such as the names of the materials to which you have been exposed and the like. Sometimes, details that may seem trivial to you are the ones that will cause you to win or lose a lawsuit.

· Collect photos, witnesses and any other proof and illustration of the working conditions.

Only contact the National Insurance Institute when you have as complete a detail as possible of the working conditions to which you have been exposed. This detail should include the conditions of exposure and its frequency, details of working hours and places you have been and more. You must list all the working conditions together with an expert's assessment regarding the causal link between the working conditions to which you were exposed and the illness in which you contracted.

If the National Insurance Claims Clerk has rejected your claim and determined that there is no causal connection between the working conditions and the illness, you can appeal to the Labor Court for the appointment of an expert, who will discuss the causal connection.

As part of the petition, you can, among other things, point to additional employees in the department in which you were employed who suffered from an illness from which you suffer, and thus indicate a statistical connection between working conditions and the illness.

In conclusion and no less important for the success of the lawsuit: Consult an expert lawyer for occupational diseases from the beginning in order to present the factual picture of the working conditions as correctly and accurately as possible, while including all the references.

Phone: 077-8042107 Article

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