Have you been in a car accident that is also a work accident?

The next article is for you

What happens when a car accident in which you were involved is also a work accident?

Attorney Yifit Ohana, who deals in the areas of personal injury, insurance law and the National Insurance, explains how to act, step by step

In collaboration with legal zap

01/08/2022

Monday, August 01, 2022, 07:24 Updated: 14:40

• Share on Facebook

• Share on WhatsApp

• Share on Twitter

• Share by email

• Share in general

• Comments

  Comments

What happens when it comes to a car accident and a work accident? (Photo: ShutterStock)

When a work accident occurs, we know the address for the claim.

Similarly, even when a car accident occurs, we know who to turn to.

But what happens when it comes to a car accident and a work accident?

Attorney Yifit

Ohana, who deals in the areas of bodily injury, insurance and national insurance law, explains in the following lines.

His occupation is in his profession," explains Attorney Ohana.

Section 80(1) of the National Insurance Law establishes a presumption that an accident is considered a work accident even if it occurred while the insured was traveling or walking to work, from work to his home and/or from one workplace to another and as a result of his travel or walking.

In other words, according to her, this section actually establishes the general condition that a car accident will be recognized as a work accident even if it is an accident that the employee had on his way to work or that occurred while the employee was traveling or walking from his place of residence to his place of work, from the place of work back to his place of residence, or from one place of work to another workplace.

If the employee passes by a road accident and is injured, it is a road accident that is considered a work accident.

Attorney Ohana emphasizes that the law recognizes the victim of such an accident as an "employee" by definition, whether it is a salaried employee or a self-employed worker.

What compensation is the employee entitled to in this case?

"Since it is an accident with two aspects - both a car accident and a work accident - the employee in such a case is entitled to sue both the National Insurance Institute according to the National Insurance Law and this in order to receive from it recognition as a victim of a work accident and all the rights to which he is legally entitled for the accident, and the company The private insurance (compulsory insurance) according to the law on compensation for victims of road accidents, in order to receive compensation from it for the bodily damages caused to him due to the accident."

Attorney Ohana emphasizes that in the first stage it is important to seek medical treatment immediately and in close proximity to the accident. Failure to seek medical treatment may create problems and obstacles and a delay in the National Insurance Institute's decision to recognize the accident as a work accident. It is very important to inform the medical officer that you were on your way to work or for work purposes All medical certificates and references must be documented as a "work accident". Later, the family doctor issues a "medical certificate for a work casualty" and a statement must be submitted at the police station about a car accident.

When the National Insurance Institute recognizes a work accident casualty, the eligibility is to receive injury benefits for a period of up to 91 days minus a few days respectively

Attorney Ohana explains that in the second stage, after the accident is recognized as a work accident, a claim is submitted to the National Insurance for the purpose of determining the degree of disability from work. It is of great importance to maintain a sequence of medical treatments and document all the limitations from which they suffer and which were caused as a result of the accident. Depending on the severity of the injury, the employee will be summoned to a medical committee On behalf of the National Insurance Institute and it will determine his temporary disability and accordingly his permanent disability.

When it comes to injury and bodily harm of high severity that require the employee to stay at home on sick leave, it is necessary to consult an occupational doctor who will determine whether the employee can return to work part-time or full-time or cannot return at all (professional disqualification).

"In such a state of affairs, and as long as permanent disability is not determined by the National Insurance Institute, and in the event that the employee is determined to have a disability of less than 100% and he is unable to return to his job or any other work, there is reason to consider filing a claim for a 'disabled person in need'." Attorney Ohana explains.

"This is so that the salary of the employee who stays at home without the possibility of returning to his job will not be damaged and he will be able to live with dignity without the burden of livelihood being put on his shoulders, and to recover. In the event that a 'disabled in need' claim is accepted, the employee will receive a temporary disability degree at a rate of 100%."

Attorney Ohana explains that after we have finished and exhausted our rights with the National Insurance Institute, we will proceed with a lawsuit against the insurance company that insured the vehicle in a PALTAD claim (compensation for traffic accident victims).

Attorney Ohana emphasizes that in accordance with the Palestinian Authority Law, the principle of absolute responsibility applies.

That is, every victim who is insured under mandatory insurance is entitled to compensation by law and there is no connection to the question of the insured's fault or non-fault in the accident, as long as the exceptions stipulated in the law are not met.

Thus, the insurance company will be obligated to compensate the bodily harm caused to the employee as a result of the accident, and the question of the dispute - if there will be one at all - will deal with the amount of the damage.

"Unlike a normal traffic accident, where a lawsuit is filed and the court is asked to appoint experts in various fields depending on the employee's injury, the calculation of the damage that will be submitted to the court will be calculated according to the disability percentages determined by the National Insurance Institute, and the committee's protocol will be used as the medical opinion for the calculation."

Attorney Ohana points out that after submitting the damage calculations on behalf of the plaintiff and the defendant, the court will offer its proposal to end the case in a compromise. From the amount determined by the court, benefits received by the employee from the National Insurance Institute must be deducted.

"The most important stage in the case of a car accident that is a work accident is actually the stage of the medical committee on behalf of the National Insurance Institute, which determines the degree of permanent disability remaining for the victim. A lawyer who is an expert in the field actually accompanies the client from the stage of the accident to the filing of the claim for disability and also accompanies the victim During the entire medical process, he prepares the medical documentation for the committee and represents the victim in the various medical committees. Therefore, an experienced attorney in the field will know how to claim the relevant sections of the law and all the flaws without omitting anything in order to win his client the maximum compensation."

072-3102600

To the firm's page on the Laws website, the

article is courtesy of Zap Laws.

• Sentence

• Labor and Employment Law

Tags

• work accident