"Those who are hurt must act" (Photo: ShutterStock)
"Many employees who are injured in a work accident are in many cases afraid to exercise their rights and confront the employer, but this fear is not relevant, since in practice the claim is conducted against the National Insurance," explains attorney Yedidia Loygrund
, a personal injury expert who represents many victims of work accidents.
Advocate Loygrond, "Those who are injured must act. The reluctance of the employees stems from a misplaced fear of the employer, but the fear is irrelevant. The conduct is with social security, and the money is literally lying on the floor."
"A very wide range of cases that merit compensation"
To explain exactly what Attorney Loygrund means and how the rights due to an employee following a work accident can be exercised, it is first necessary to clarify what a work accident is. "A work accident is defined according to the law as an accident that occurs during work, on the way to work Or on the way back from work," he says.
According to him, "sometimes also an employee who committed an accident when dropping his children off to school on the way to work, or who stopped to pray on the way to work, will be considered to have been injured in a work accident."
In the workplace itself, the accident can occur in a variety of forms and circumstances.
"It could be, for example
, a waiter who slipped in the wedding hall where he works or a worker who injured himself with a chainsaw," explains attorney Bluygrund. "In addition to these, there are also all kinds of less routine work accidents," he continues.
An employee who was injured during a game of the League for Workplaces, or an employee who was injured during a vacation organized by the workplace.
"Each case depends on the circumstances, but there is a very wide range of cases that may entitle the person injured in a work accident to compensation, so you must not give up in advance, and always It is important to check your eligibility.
" "The employer is indifferent to claims for a work accident"
As previously stated, as attorney Loygrund explains, the fear of employees about submitting a claim to the National Insurance for a work accident is unfounded. "The claim as a rule is not conducted against the employer," he clarifies, "but against the National Insurance
The employer is indifferent towards her."
According to him, "the role of the employer is only to help the employee prove that the accident did occur, but he was not harmed by it.
The National Insurance is basically like a state insurance company to which the employee and the employer set aside premiums.
In the event of an accident, they are not responsible for payment."
What is the first thing to do after the accident?
Advocate Bluygrund explains: "First of all, you need to hurry up and report that you were injured.
In addition, the first time you come to receive medical treatment, it is important that you state that it is a work accident.
The first report has the most importance, because it is the most authentic."
Attorney Loygrund also recommends documenting the accident and collecting the details of the witnesses who were at the scene.
"They are the ones who will later be able to strengthen your claims that the accident really happened and confirm the damage you suffered."
Another important tip from a lawyer in Loygrund is to report all the pain you feel and not to omit anything. "Even if you suffer minor damage, don't ignore it.
It's possible that several days later, the pain will increase, and if you don't report it the first time, it will be difficult for you to bring it up later."
How is a claim for a work accident handled?
"First, such a claim should be submitted to the National Insurance for it to recognize the accident as a work accident."
According to him, the claim should be filed as close as possible to the date of the accident, so that the National Insurance will pay the employee for the days of work he lost.
At a later stage, after the accident is recognized by National Insurance and the employee receives compensation for the days of work he lost, he must submit a claim to National Insurance to determine the type of disability he suffered as a result of the accident, whether it is a permanent disability or a temporary disability, and claim the relevant degree of disability.
"You don't have to be in a wheelchair to claim disability from the National Insurance," he explains.
"Disability is basically any limitation that affects the functioning of the victim in everyday life, whether it is an injury to the ligament in the knee that causes pain or some kind of pain in the neck."
According to attorney Bluygrond, the claim to determine the type and degree of disability must be submitted after receiving the confirmation of recognition and payment of the injury fees to the extent that you were absent from work. It should be noted that even if there was no absence from work, a claim to determine the degree of disability can still be filed after receiving the confirmation of recognition.
Moreover, If there is a worsening in the employee's condition, he can file a claim with the National Insurance for this worsening and demand that a degree of disability be determined for him, according to his new condition. d in Bleugrund.
In addition, he clarifies that after filing the claim against the National Insurance, it is possible to file a claim against the employer's insurance company at a later stage.
"The decision on this is a strategic decision of the prosecutor and the lawyer," explains attorney Bluygrund.
"It is important to understand that the amount of compensation that will be determined for you in a lawsuit against the employer's insurance company, the court will deduct the amount you have already received from National Insurance, therefore in some cases filing such a lawsuit will not be worthwhile. Each case must be considered on its own merits."
In the end, attorney Loygrund clarifies, the most important thing after a work accident is to seek appropriate legal advice. "Only contacting a skilled and experienced lawyer, at the right time after the accident, will allow you to conduct yourself correctly, avoid making unnecessary mistakes and exhausting their rights" , he concludes. Have
you or one of your family members been injured in a work accident? Do you need assistance in filing a claim and in exercising your rights? Contact attorney Yedidia Loigrund here for an initial consultation on the matter or by phone - 053-9374956
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 procedures or avoiding procedures.
Anyone relying on the information in the article does so at their own risk
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Labor and Employment Law
Tags
work accident
