Tort Lawspace Work Injuries


A work injury is a work accident or occupational disease, as defined by law. A work injury entitles the injured person to a work injury benefit. A work accident includes an accident on the way to and from work, and an accident that occurred under circumstances as specified by law.
If someone is injured in a work accident he can sue the National Insurance Institute (bituach leumi). In addition, if the accident was caused because of negligence he can sue the negligent party directly. The NII compensates insured workers who are injured in a work accident for the loss of salary or income for the period of time during which they are unable to work because of the injury. The injured person is also entitled to receive medical treatment, and reimbursement for travel expenses, for the treatment of his work related injury, free of charge, provided that it is given through the health funds (kupat cholim). It is extremely important to notify the doctor that the treatment is necessary because of a work injury and to have it documented in the medical records. If the injured person is permanently disabled as a result of the injury, he is entitled to a pension or grant which is decided by a medical committee. If the worker dies as a result of the work injury, his dependent family members receive a pension or grant.
A worker is entitled to receive an injury allowance for the time that he did not work, for a period of up to 91 days, if he provides a medical certificate from the doctor treating him or from a work injuries clinic, which stating the period of time that he is unable to work. The worker receives 75% of his regular income up to the maximum injury allowance per day of NIS 1,009.25 (as of 01.01.2010).The claim should be submitted to the NII within 12 months from the date of the injury. Late submission of the claim may adversely affect entitlement to the benefit, partially or in whole.
If a worker still has disability after 91 days he may file a claim to receive a pension or grant.A medical committee examines the worker and decides whether his disability is the result of the work injury and what is the degree of his work disability according to a list of medical impairments defined by law. The decision of the medical committee can be appealed, either by the worker or the NII, to the medical appeals committee. The medical appeals decision may be appealed to the labor court though only on matters of law. If the worker`s disability is at least 20% then he receives a monthly payment equal to his disability multiplied by his salary up to a maximum of 30,278 nis (for example if a worker`s salary was 10,000 nis and his disability was 20% then he would receive a monthly payment of 2,000 nis). If his disability is between 9-20% he receives a one time payment equal to 43 times his salary, but no more than the maximum salary, multiplied by his disability (for example if a worker`s salary was 10,000 nis and his disability was 12% then he would receive a payment of 51,600 nis).
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