Work accidents - Best lawyers

Injured in a workplace accident? Dealing with injury, pain, and loss of income? You are not alone. Dealing with bureaucracy against the National Insurance Institute and insurance companies can be exhausting. Here you will find Israel's leading lawyers in the field of workplace accidents, who will fight for you to receive the full compensation you deserve.

The comprehensive information on this page, from LawReviews, is designed to provide you with a clear and up-to-date legal picture in the field of workplace accidents in Israel. If you were injured at work, on the way to or from it, or became ill due to your working conditions, you can find here the best workplace accident lawyers - and understand in depth what your rights are and what legal options are available to you.

Introduction: Beyond Physical Injury - The Consequences of a Workplace Accident

A workplace accident is a traumatic event with far-reaching consequences, far beyond the immediate physical injury. Beyond pain, suffering, and the need for medical treatment and rehabilitation, the victim and their family are thrown into a complex financial and emotional reality. Absence from work leads to loss of income, medical expenses pile up, and uncertainty about the future of employment and health gnaws at every corner.

The law in Israel recognizes this complexity and provides injured workers with a network of rights and compensation, designed to help them get through the difficult period and compensate them for the damages caused. However, the path to realizing these rights is fraught with bureaucratic obstacles, medical committees, and legal battles against powerful bodies such as the National Insurance Institute and the employers' insurance companies.

It is precisely at this junction that a workplace accident lawyer comes into the picture. An experienced professional who lives and breathes the field will know how to navigate you safely through the thicket of regulations and procedures, ensure that all your rights are fully exhausted, and maximize the amount of compensation you receive. This guide will review the types of injuries recognized as workplace accidents, detail the two main compensation channels available to you, and emphasize the importance of legal accompaniment from the first moment.

What is a workplace accident according to Israeli law?

The definition of a workplace accident in the National Insurance Law is significantly broader than what is commonly thought. It is not limited only to an accident that occurred within the walls of the factory or office. The law recognizes several scenarios as workplace injury:

"Classic" accident at the workplace

Any sudden and one-time event that causes physical or mental damage during work and due to its conditions. This can be a fall from a ladder, injury from a machine, slip on a wet floor, exposure to hazardous material, or even a heart event that occurred due to unusual stress at work.

Accident on the way to work or returning from it

An employee who was injured on the way from home to work or from work back home will be considered injured in a workplace accident. A central condition is that the trip was on the usual route, without significant deviation or interruption that were not intended for work purposes or essential needs (such as dropping off a child at kindergarten).

Accident during work-related activity

Injury that occurred during activity on behalf of work, even outside the regular workplace. For example: injury during a team-building day, professional conference, training, or on the way to a meeting with a client.

Occupational disease

A disease caused as a result of continuous and harmful exposure to working conditions. The law defines a "closed list" of diseases recognized as occupational diseases, such as hearing loss due to noise exposure, skin diseases due to chemical exposure, and respiratory problems due to exposure to harmful dust.

Microtrauma doctrine

This is a complex legal concept intended for cases where the damage was not caused by one event, but by a series of tiny and cumulative injuries over time. Each such injury, by itself, is small and insignificant, but their accumulation together caused disability. Classic examples are wrist injury in typists, or repeated back injuries in warehouse workers. Proving such a claim requires high legal and medical expertise.

Expansion on types of recognized injuries: not just falling from a ladder

To understand the scope of protection that the law provides, it is worth delving into some of the more complex situations recognized as workplace accidents:

Accident on the way to work and from it - what is "significant deviation"?

The law recognizes injury on the way to work or returning from it, but sets a central limitation: the accident will not be recognized if there was "significant deviation from the usual route" or "significant interruption" that are not related to work. What is significant deviation? The case law determined that a short stop for essential purposes, such as dropping off a child in an educational framework located on the route or near it, will usually not be considered significant deviation. On the other hand, a prolonged stop for shopping at a supermarket, visiting friends, or private arrangements that are not on the usual route, may deny recognition of the accident as a workplace accident. A workplace accident lawyer will examine the specific circumstances of the case and assess the chances of recognition.

Occupational disease vs. microtrauma: what's the difference?

Both concepts describe damage caused over time, but there is a legal difference between them and a different proof process.

Occupational disease

As mentioned, this is a closed list of diseases that the law recognizes as directly related to specific occupations or exposures (for example, asbestosis for asbestos workers). Here, the employee must prove that he suffers from a disease that appears on the list, and that he worked in conditions that caused it.

Microtrauma

This is a creation of case law, and it is not limited to a closed list. Here, the employee must prove, through medical opinion, that the damage caused to him (for example, disc herniation) is a result of a series of repetitive and identical movements performed in the framework of his work. Each movement is a "tiny injury" (micro-trauma), and their accumulation created the disability. The proof here is more complex and requires high legal and medical expertise.

Mental injury as a workplace accident

It is important to emphasize that a workplace accident is not only physical damage. Mental damage can also be recognized as workplace injury. This can occur in two main situations:

1. Mental damage as a result of a physical event: An employee who suffered a severe physical accident and developed post-traumatic stress disorder (PTSD), anxiety, or depression as a result. The mental disability will be examined in a medical committee and added to the physical disability.
2. Mental damage due to an unusual event: An employee who was not physically injured, but was exposed to an unusual and particularly traumatic event at work (for example, witnessed a fatal accident, got caught in a violent robbery at his workplace, or experienced extreme and sudden abuse) and developed mental damage as a result. Proving such cases requires a clear causal connection between the unusual event and the mental state.

Two main compensation channels after a workplace accident

After workplace injury, the victim faces two main claim routes, which can run in parallel. It is important to understand the difference between them and the connection between them.

Route 1: Claim against the National Insurance Institute

This is the primary and basic route, and it does not depend on the question of fault. Every salaried or self-employed worker insured by National Insurance is entitled to claim their rights from the "work injury victims" branch, as long as the injury is recognized as a workplace accident.

Stages of claim in National Insurance:

1. Reporting and initial treatment: Immediate medical treatment should be sought and it should be noted that this is a workplace accident. At the same time, the employer should be notified, who will fill out form B.L. 250 ("Notice of workplace injury"), which constitutes initial confirmation for contacting the health fund to receive free medical treatment.
2. Claim for injury allowance: This is the initial payment designed to compensate the victim for loss of income in the period after the accident. Injury allowances are paid for up to 91 days of inability to work. Their amount is about 75% of the victim's salary in the quarter preceding the accident.
3. Claim for determining degree of work disability: If after 91 days the victim still has disability, temporary or permanent, a claim must be filed to determine the degree of disability.
4. Medical committee: The victim will be summoned to a medical committee of the National Insurance Institute. The committee consists of one or more doctors, and it determines the percentages of medical disability remaining to the victim as a result of the accident.
5. Preparation for the committee: This stage is critical. A workplace accident lawyer will prepare you for the committee, guide you which documents to present, and emphasize the important points you should raise before the doctors. Sometimes, the lawyer will join you to the committee itself.
6. Compensation amount:
   • Disability of 9%-19%: Entitled to a one-time disability grant.
   • Disability of 20% and above: Entitled to a monthly disability allowance for life.
   • Disability of less than 9%: Not entitled to financial compensation (except exceptional cases).

Route 2: Tort claim against the employer or third party

This route is only possible if negligence that caused the accident can be proven. That is, if the employer or another factor did not act as expected to ensure your safety.

When can you sue for negligence?

Employer negligence

When the employer violated his duty to provide a safe work environment. For example: did not provide protective equipment, did not properly train employees, installed faulty machinery, did not maintain the work environment, or required performing work in unsafe methods.

Third party negligence

When an external factor to the workplace is responsible for the accident. For example, a subcontractor who worked dangerously, manufacturer of faulty machinery, or property owner where you stayed in the framework of work and the place was not safe.

What do you claim in a tort lawsuit?

Compensation in a tort lawsuit is significantly higher than compensation in National Insurance, and it includes many "damage items":

• Pain and suffering: Compensation for non-monetary damage.
• Past and future wage losses: Calculation of full loss of earnings until retirement age.
• Medical and rehabilitation expenses: All expenses not covered by the health fund or National Insurance.
• Help from others: Compensation for the need for help in performing daily activities (home help, nursing care).
• Travel and mobility expenses.

Critical point: Deduction of National Insurance benefits

According to law, "double compensation" cannot be received. Any amount you received or will receive in the future from the National Insurance Institute (injury allowances, grants and allowances) will be deducted from the compensation amount awarded to you in the tort claim. Proper management of both procedures in parallel is a legal art that requires expertise of workplace accident lawyers.

The concept of "contributory negligence"

In a tort lawsuit, the employer's insurance company will almost always try to claim the existence of "contributory negligence." That is, it will claim that the employee himself is partially responsible for the occurrence of the accident. For example, by claiming that the employee did not use protective equipment provided to him, acted recklessly, or chose an unsafe course of action. If the court accepts this claim, it will determine the extent of the employee's "fault" in percentages (for example, 20% contributory negligence), and reduce the total compensation amount by that rate. The role of a workplace accident lawyer is to repel these claims, prove that full or almost full responsibility lies with the employer, and thereby prevent or minimize the reduction of compensation.

The medical committee in National Insurance: How to pass it successfully?

The medical committee is a critical junction in the claim against National Insurance. Its decision will determine whether you receive compensation, and in what amount. Proper conduct before the committee can make all the difference. Preparation for a medical committee is a critical stage, here are the steps in the process.

Organizing the medical file

All medical documents from the accident should be collected and arranged chronologically: emergency room summary, hospitalizations, expert physician opinions, imaging test results (CT, MRI), physiotherapy and occupational therapy treatment records, and any other document documenting the injury and its treatment.

Private medical opinion

In many cases, and especially in complex injuries, a workplace accident lawyer will recommend approaching a private medical specialist to obtain a detailed opinion. Such an opinion, written in the professional language of the committees, can significantly strengthen the claim and influence the committee's decision.

Personal preparation:

A concise list of all complaints and functional limitations should be prepared in advance. It's not enough to say "my back hurts." Details should be provided: "I have difficulty sitting for more than a quarter hour consecutively," "I cannot bend down to tie my shoes," "I cannot lift my grandchildren."

Conduct within the committee:

• Be factual and precise: Committee time is short. Present things clearly and concisely. Stick to facts and limitations resulting from the accident.
• Don't exaggerate and don't minimize: Exaggerating complaints may create lack of credibility. On the other hand, trying to demonstrate "strength" and minimize difficulties may cause the committee to determine lower disability than the actual situation.
• Lawyer presence: The law allows your lawyer to be present at the committee. He cannot argue on your behalf, but he can present the legal argument at the beginning of the committee, ensure that all important documents are presented, and ensure that the committee addresses all relevant injuries and that your rights are preserved.

After the committee - appeal options:

If you are not satisfied with the committee's decision, don't rush to despair. The decision can be appealed to an "appeals committee," sitting with three doctors. Even the appeals committee's decision can, in certain cases, be appealed (on legal question only) to the Regional Labor Court.

The vital role of a workplace accident lawyer

Attempting to manage a workplace accident claim alone is a mistake that could cost you hundreds of thousands of shekels. A workplace accident lawyer is not a luxury, but a necessity.

• Diagnosis and strategy formulation: The lawyer will analyze the circumstances of the case and determine the most appropriate courses of action for you - whether to settle for a claim to National Insurance or if there is a solid basis for a tort claim as well.
• Conduct with National Insurance: He will ensure proper completion of all forms, refer you to medical specialists to obtain opinions that will strengthen your claim, prepare you thoroughly for medical committees, and if necessary - file an appeal against their decisions.
• Proving negligence in tort claim: The lawyer will collect evidence, locate witnesses, and hire safety experts who will analyze the circumstances of the accident and prove the responsibility of the employer or third party.
• Maximizing compensation: He will know how to quantify each "damage item" in the tort claim, conduct tough negotiations with insurance companies, and fight in court so you receive the maximum compensation due to you.
• Peace of mind: Legal accompaniment allows you to focus on the most important thing - your recovery and rehabilitation - knowing that an experienced professional is managing the fight for your rights.