Asael Bar Ness/PR
did you know
If you manage to prove that there is a connection between a heart attack or a stroke you experienced at home and an incident that happened to you at work, the National Insurance may recognize it as a work accident and thus you will be entitled to receive a disability pension for life - something that can be worth a lot of money to you.
As is known, in the State of Israel, a heart attack while working is generally considered a work accident, but this is only on the condition that it can be proven that the attack was a direct result of an unusual event in it.
In the following news, we will present several cases on the subject, which will shed light on your frequent questions on the subject.
According to the National Insurance Law, a work accident is "a sudden and unexpected event that happened to an employee during his work or as a result of his work, and caused him bodily harm."
In order to recognize a heart attack at home as a work accident, the following must be proven: the attack was a direct result of an unusual event at work, and that the unusual event was beyond normal work circumstances.
In which cases is this an unusual event?
There are a variety of cases that are called "exceptional" and come under the heading of cases following which an employee had a heart attack at home.
For example, an employee who received a summons during working hours for a hearing before dismissal, and feared losing his job.
Another case could be with an employee who witnessed a serious accident at work, and experienced trauma as a result.
Another case, for example, could be with an employee who received an instruction at work to perform a dangerous or difficult task, which caused him great mental stress.
Likewise, a heart attack at home can be recognized as a work accident even in cases where the attack was a direct result of an occupational factor, such as exposure to dangerous substances or strenuous physical work, or if the attack was the result of a special effort made at work, such as working in difficult conditions or in emergency situations.
In these cases, it must be proven that the workplace was the direct cause of the heart attack or stroke you experienced at home.
Asael Bar Ness is a lawyer and notary specializing in personal injury, phone: 053-6245498
Article courtesy of Zap Legal
How to file a claim to recognize a heart attack at home as a work accident?
An employee who experiences a heart attack at home, and believes that it is a work accident, can submit a claim to the National Insurance Institute.
The claim should include the following documents: a claim form for the payment of injury compensation, a certificate of incapacity, a medical opinion from a specialist in the field of cardiology and, in addition, it is necessary to explain in the claim how the unusual incident at work caused the heart attack.
After that, the National Insurance Institute will review the claim, and decide whether to recognize it as a work accident.
In the event that the claim is accepted, the employee will be entitled to injury compensation, as is due to an employee injured at work.
After that, the employee will appear before a medical committee that will determine the percentage of his disability.
Why is it recommended to make the referral to the National Insurance with the help of a lawyer?
It is important to contact a lawyer experienced in claims related to personal injuries so that there is someone who will accompany you through the process and explain what needs to be done during the referral.
First you will have to report to him what happened in the days leading up to the heart attack.
After that, the lawyer will try to examine whether there was an unusual event at work, one that made you feel distressed or anxious.
In fact, the lawyer will try to anchor the connection between the heart attack and your workplace.
In the next step, you will fill out forms for a claim at the National Insurance, which will also be signed by your employer.
The employer refuses to sign.
What to do?
First, don't get under pressure since it is possible to submit the claim to the National Insurance without his signature and the National Insurance will check it with him.
In the next step, a representative from the National Insurance will interrogate you and your witnesses to verify the report and finally determine whether he acknowledges the claim or rejects it.
Either way, you will receive explanations for the decision that has been made.
It is important to know that the procedure is carried out by National Insurance only and it may take about a year.
On the other hand, if the procedure also requires going to court, it is expected to last two years or more.
What do you do if the National Insurance rejects your claim?
In such a case, you will submit, with your lawyer, a claim to a labor court, to which you will come with your affidavits and those of the witnesses.
They will investigate, and if the court is convinced that an extraordinary event really happened, it will appoint a doctor on behalf of the court, who will examine what exactly happened to you.
For example, if the cause of the heart attack is a myocardial infarction, the doctor will check the severity of the infarction?
Is this a gradual process?
And is it related to what happened to you while working?
If the doctor determines that there is indeed a connection, the court will recognize it as a work accident.
After that you will return to the National Insurance and from there you will continue to a medical committee, where the lawyer will assist you.
What will the committee decide?
After a heart attack at home, the National Insurance usually determines one of the following two options: a disability of up to 19% - in this case the claimant will receive a one-time grant only or a disability of 20% or more which will entitle the claimant to a lifelong pension.
In conclusion, a heart attack at home can be considered a work accident in certain cases and in order to prove this, it must be shown that the attack was a direct result of an unusual event at work - it is important to note that a claim to recognize a heart attack at home as a work accident is very complex, so it is recommended to consult with an expert lawyer in the field .
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 who relies on the information in the article does so at their own risk.
For more details and consultation on the subject, call: 052-2610226.
In collaboration with legal zap
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