Work Accidents - Employer Malpractice Claims

About 7,000 work accidents occur every year in Israel, dozens of which end tragically.

Attorneys Marina Schatz and Anna Eisenberg, who specialize in torts and insurance, expand on the process of claiming work accidents with the National Insurance Institute, the mines on the way and the actions that must not be taken lightly.

Hila Tzur Shinzi, co-legal zap

22/05/2022

Sunday, 22 May 2022, 07:50

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Every year, thousands of work accidents are caused in Israel.

The frightening number currently stands at about 7,000 cases a year.

Many workers find themselves injured in work accidents but do not know how to act in front of the employer, Social Security and insurance companies, how to receive compensation and from whom exactly.

Attorneys Marina Schatz and Anna Eisenberg of the Schatz-Eisenberg law firm, which specializes in torts and insurance, set out to answer the important questions on the subject:

"Work accidents are an event that occurs suddenly and leaves mental or physical damage to the employee" (Photo: ShutterStock)

When a person is injured during his work day, what should he do?

"First, a preliminary form must be filled out - Bell / 250 (which is usually filled out by the employer), which is used to receive medical treatment for the work injury victim. This form documents the sequence of events as described by the victim," notes attorney Anna Eisenberg

. Our office files a claim with the National Insurance Institute for the purpose of recognizing the injury as a work accident.

It is important to emphasize that any claim that appears on the form may tip the scales.

After receiving recognition from the National Insurance Institute and after the victim has been determined to have a medical disability, a second claim for employer liability insurance is available.

If there is a third party, as in cases where a person is employed through a manpower company, then it will be possible to attach the manpower company, which for that matter is considered an employer. "

"No, there is no double compensation, but in the event that there is a third party in the matter, it will be possible to receive 125% compensation so that the injured party will be entitled to 25% of all compensation under section 328 of the National Insurance Law. The court or as part of the negotiations between the parties, "emphasizes attorney Marina Schatz.

"

What did the accident scene look like?

Were there any hazards at the scene?

At what site was he injured?

In most cases, employers fill out the form negligently, do not specify what is required to be specified, such as: indication of safety hazards, witnesses present at the incident, or indication of the organs damaged, thus removing responsibility from themselves. "According to attorney Eisenberg," In most cases we We are responsible for them and we will return to them so that they can correct the form. "

"It is important to photograph the scene of the incident because sometimes the site changes very quickly, so there is no proof whether or not there was a hazard at the site," notes Adv. Schatz. In a structure, for example improper stairs or railings, low ceilings and so on.

The engineer will arrive at the scene of the accident, measure the location and check whether the building is in good condition. "

Adv. Schatz wants to emphasize that the disability determined at the National Insurance Institute does not require a procedure to be conducted against an employer's insurance company.

"Therefore," she explains, "in such lawsuits, the injured party must attach a medical opinion on his behalf in order to clarify the question of the employer's negligence and liability."

"Work accidents are an event that occurs suddenly and leaves mental or physical damage to the employee. When the employer did not ensure the proper working conditions, did not provide suitable and safe equipment and tools, did not order training and did not prevent exposure to work-related risks. "The employer's insurance company to cover the damages caused to the employee and to any third party."

Advocate Schatz explains that “first it is required to prove that the damage was caused as a result of the employer’s negligence.

For example: If the employer sent the employee to a construction site, and the employee was injured at the construction site as a result of non-compliance with safety rules, then in this case it can be determined that the employer was negligent by virtue of his responsibility. "

What should the employer do to prevent work accidents?

"The scope of the responsibility imposed on the employer is very wide and does not end with ordering periodic training according to the job characteristics - such as working with weight and working at heights above two meters, ergonomic sitting and more. But the employer must make sure "Their work requires the use of vibrating tools injured in an occupational disease related to hand injuries. Even if they have received instruction along the way, in practice they are not aware of how to work properly to reduce pressure from the hands."

Advocate Eisenberg adds: “Many work accidents occur due to poor workmanship.

More than once employers have made arguments that there is nothing new under the sun and this is how they work for decades.

The courts, for their part, have ruled that the manner in which work is performed in the defective method, even if it is done for many years, does not make it a correct and safe method and employers must examine other ways of working.

regarding training in the workplace, Adv. Schatz notes the issue of language: "It is important to make sure that the training is conducted in a language that the employee understands, because some employees do not understand Hebrew and often sign training forms without making sure .

Also make sure that the employee is proficient in his job and in particular in the actions he is supposed to perform or not perform routinely.

Also, a significant part of work accidents occurs while an employee performs a job or action that is not related to his job, and in these cases it can be clearly said that the incident will be considered negligence, because the employer had to make sure in advance that the employee understands what to do and what his job is.

"Training is at the heart of the matter here," Advocate Schatz emphasizes.

When these actions are not taken, there is room for negligence in examining the individual case of each and every employee, according to his or her seniority and the type of work he or she usually performs, and filing a lawsuit. "

Attorney Eisenberg notes that" "Clear from the Ministry of Safety and Glosses, which define how to work properly with a particular machine, so if the work accident happened while working with a machine, check that the machine was operated in accordance with procedures."

Attorneys Schatz and Eisenberg would like to emphasize that any person injured at work is required to be aware that details of the injury may be revealed in retrospect:

For these reasons it is important to attend an initial meeting at a law firm that specializes in tort claims near the time of the claim, to make sure the claim form documents the

details of the claim in a way that reflects the broad medical condition.

It is also important to make sure that all the facts are stated on the form, including the cause of the accident or the conditions that caused the accident, in order to prove the insured event and receive the full compensation.

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