In collaboration with Zapp Legal
Employees who wish to exhaust their rights following a work accident often submit their claim to the National Insurance Institute.
If, as a result of this claim, the accident is recognized as a work accident - they may demand that a degree of disability be determined for them, and then receive a one-time grant or a monthly allowance.
However, in many cases beyond filing a claim for the National Insurance, employees may also file a compensation claim against their employer, if the work accident was caused by his negligence.
In the next few lines we would like to focus on this type of claims, which are sometimes where the really big money is.
Was your employer negligent? You are entitled to compensation
Adv
According to him, the definition of occupational accidents in the law is relatively broad and includes, for example, an accident caused to an employee when he is on the way to or from his place of work.
"Even an accident caused by an employee who drops the child off to school, when he is on his way to work, will be considered a work accident," explains attorney Bluygrund.
Work accidents
"At the same time as the lawsuit against the National Insurance, it is possible to file a lawsuit against the employer, and within the framework of it demand compensation for his responsibility for the accident," continues Attorney Loygrond. ".
How do you check employer negligence?
"This is, of course, a complex legal question," explains attorney Loygrund, "but basically it can be said that an employer was negligent if he did not take all reasonable measures to protect his employee from the risks in the workplace."
According to the Tort Ordinance, the employer has an increased duty of care, under which he must take reasonable precautions to prevent bodily harm that may be caused to employees during their work.
"If the working conditions are dangerous or there is a danger that the employee will suffer from an occupational disease, for example, the employer is exposed to a claim for compensation for negligence."
Among other things, the employer is required to provide employees in the workplace with adequate training on how to perform their work, give them appropriate protective equipment and be sure that they use it properly.
"However, it should be noted that if the employee himself acts negligently, he too may bear part of the responsibility in the form of contributory fault," explains attorney Bluygrund.
From the employer's insurance to a personal accident policy
The question of responsibility is irrelevant.
According to him, in most cases the employer holds an insurance policy, known as employers' liability insurance.
"This means that if the employee succeeds in proving that the employer was negligent, the latter will only have to bear a deductible, and the insurance company is the one who will mainly bear the payment to the employee."
It should be noted that if a claim is filed against the National Insurance and against the employer, it is not possible to receive double compensation.
That is, from the amount of compensation that will be decided by the court, the amount of compensation that the employee received from the National Insurance will be deducted.
However, if the employee has a personal accident policy and it is sued at the same time as the procedure against the National Insurance, it is possible to receive double compensation in certain cases.
It should be noted that the private insurance policies such as personal accidents do not require proof of liability and that proof of the accident event and the medical damage caused as a result is necessary only.
How do you exercise rights in a compensation claim for a work accident?
The attorney at Loygrund has some important tips on the subject.
"First of all, if you were injured in an accident - be sure to state at the first opportunity that you are receiving medical treatment, either at a health fund or in an emergency room, because it is an accident that happened as part of work. This is so that later the employer and his insurance company do not try to claim that you have changed your version."
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In addition, it is necessary to make an orderly record of all the details of the accident.
"Make sure to collect the names of all the witnesses who were there, and write down for yourself exactly how the accident happened and when."
According to him, it is desirable that the documentation of the accident also include photographs from the scene of the accident, and if possible - also of the cause of it, which may help you prove the employer's negligence.
"Along the way, it's important to also make a record of all the medical treatments you receive," emphasizes attorney Loygrund. "Don't neglect your medical condition and be sure to constantly verify that you're being treated so that the National Insurance or the employer won't claim that you've actually recovered."
Attorney Loygrund also suggests keeping all medical documents, including x-rays, summaries of visits to doctors, etc. "It is also important to keep all receipts for the expenses you incurred as a result of the damages you suffered," he points out. "This will be important during the lawsuit in order to obtain compensation which you deserve".
Attorney Bluygrund emphasizes the importance of the close support of a skilled and professional lawyer throughout the process: "It is especially important that you seek legal advice close to the time of the accident, so that you do not make unnecessary mistakes that could cost you dearly."
Here is
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In collaboration with Zapp Legal
