Permanent Disability Claim Against the Ministry of Defense in Ramat Gan

What is a Permanent Disability Claim Against the Ministry of Defense?

A claim for permanent disability against the Ministry of Defense is a tort claim filed against the State of Israel (Ministry of Defense) by a person injured in an accident or occupational accident and who has been assessed with permanent disability. Permanent disability means permanent impairment of work capacity, daily functioning, or the individual's physical and psychological performance capabilities, which is not expected to improve or heal over time.

When a person injured by the Ministry of Defense (IDF, police, security services, or other Ministry of Defense entities) in an accident or occupational accident, they are entitled to file a claim for compensation for the damages incurred. Damages include medical expenses, loss of income, pain and suffering, loss of earning capacity, and psychological and social effects of the disability.

Mandelboim, Gor, Witzman-Gor & Co. law firm represents claimants in these claims in Ramat Gan and the surrounding area, emphasizing representation of claimants exclusively — meaning we always stand by the injured party and not by the insurance company or the state. Our experience since 2008 provides us with the ability to understand the complexities of Ministry of Defense claims and navigate them efficiently.

Who Is Entitled to File a Permanent Disability Claim?

Any person injured in an accident who, as a result of the accident, received a formal assessment of permanent disability is, in principle, entitled to file a claim for compensation. Entitlement depends on several factors:

• Occurrence of an accident: There must be an accident for which the Ministry of Defense or a third party (such as a contractor, contractor, or another driver) is responsible.
• Causal connection: There must be a direct connection between the accident and the permanent disability the injured party sustained.
• Formal assessment of disability: The disability must be documented in a formal assessment by a medical committee (for example: a medical committee of National Insurance, an appeals committee, or an assessment by an expert physician appointed by the Ministry of Defense).
• Non-receipt of full compensation: If the injured party has already received compensation from any insurance, it is still possible to file a claim for the difference or for additional damages not covered by the insurance.

Each case is examined individually, and the final assessment of entitlement depends on the details of the accident, medical evaluation, and Israeli tort law.

Process for Filing a Permanent Disability Claim

The process of filing a permanent disability claim against the Ministry of Defense involves several key stages:

1. Information and documentation collection: We collect all relevant information regarding the accident, including police reports, scene photographs, witness statements, medical documentation, and the official disability assessment.
2. Legal evaluation: Based on the collected data, we assess the likelihood of the claim, the expected compensation range, and the appropriate strategy.
3. Sending a written demand: At this stage, we send a formal demand for compensation to the defendant (Ministry of Defense or insurance company), specifying the damages and legal grounds.
4. Negotiation: Often, the demand leads to negotiations between the parties with the aim of reaching a mutually agreed settlement.
5. Filing a claim in court (if necessary): If a settlement is not reached, we file a formal claim in the competent court (usually a district court).
6. Litigation: The claim proceeds through the stages of legal proceedings — submission of defendant's response, discovery, submission of evidence, negotiations within the proceedings, and ultimately a judgment or settlement.

Each stage requires thorough preparation, clear legal strategy, and expert representation. Mandelboim, Gor, Witzman-Gor & Co. accompanies you at every stage, ensuring that all your rights are protected and the claim is filed in the most efficient manner.

What Damages Can You Receive Compensation For?

In a claim for permanent disability from the Ministry of Defense, you can obtain compensation for a wide range of damages, each of which constitutes part of the total damage:

1. Medical and Treatment Expenses

Any medical expense related to the accident and its consequences is entitled to compensation. This includes visits to doctors, examinations, treatments, medications, physiotherapy, psychological treatment, and the installation of medical devices (such as prosthetics, wheelchairs, support devices). These expenses may continue over years, and in some cases for a lifetime.

2. Loss of Income and Future Income Compensation

If the injured person cannot return to their previous work or to work at all due to the disability, they are entitled to compensation for income lost in the past (from the date of the accident until the date of trial or settlement) and for future income expected to be lost due to the disability. This calculation sometimes involves a complex assessment of residual work capacity, retraining opportunities, and the duration of income loss.

3. Pain and Suffering

The injured person is entitled to compensation for the physical and mental pain suffered as a result of the accident and the disability. This is non-pecuniary damage that is assessed by the court according to the severity of the disability, the duration of suffering, and its impact on quality of life.

4. Loss of Work Capacity and Life Changes

When the injured person cannot return to their previous work or to work at all, they are entitled to compensation for loss of work capacity. This includes retraining expenses, lower wages if they manage to earn in a less demanding job, and compensation for changes in lifestyle and future plans.

5. Psychological and Social Damages

Permanent disability may be accompanied by depression, anxiety, social life difficulties, loss of professional identity, and feelings of loneliness. The court recognizes these psychological and social damages and compensation can be obtained for them.

6. Care Equipment and Support Expenses

In cases where the injured person requires assistance in performing daily activities, there is entitlement to compensation for nursing care costs, personal caregiver, or home modifications for accessibility (electric stairs, elevators, adapted bathrooms, etc.).

Factors Affecting the Compensation Amount

The compensation amount in a permanent disability claim depends on several significant factors:

• Percentage of Disability: The higher the percentage of disability, the higher the compensation typically is. A disability percentage of 50%, for example, indicates significant impairment of work capacity.
• Age of the Injured Person: A younger injured person may receive higher compensation due to the fact that the disability will accompany them throughout many years of potential work.
• Education and Profession: A person with higher education and a profession with high income may receive higher compensation for loss of income.
• Pre-existing Health Condition: If the injured party suffered from pre-existing health issues that were aggravated in the accident, this may affect the compensation amount.
• Degree of Liability: If the defendant (Ministry of Defense) bears full responsibility, compensation is typically higher. If there is comparative liability, compensation may be reduced.
• Evidence and Documentation: The quality of medical documentation, expert testimony, and other evidence influence the compensation amount that the court or settlement mediator is willing to award.

Differences Between Permanent Disability and Temporary Disability

It is important to distinguish between permanent disability and temporary disability, because the legal consequences and compensation amounts differ significantly:

In a claim for permanent disability, the medical evaluation is critical — it determines the disability percentage and thereby directly impacts the compensation amount. In many cases, it is possible to appeal a medical evaluation that appears too low or does not accurately reflect the actual condition of the injured party.

The Role of Medical Evaluation in a Claim

A medical evaluation of permanent disability is a critical document in a claim. It is issued by an official body (such as a medical committee of National Insurance or a specialist physician on behalf of the Ministry of Defense) that assesses the extent of the injured party's impairment in work capacity and daily functioning.

The evaluation typically includes: a physical examination, additional medical tests (X-rays, MRI, etc.), an interview with the injured party, and a review of prior medical records. At the conclusion of the process, the physician or committee issues a written evaluation stating the disability percentage (for example: 25%, 40%, 60%).

If you believe that the assessment does not fairly reflect your condition, you may appeal the assessment. Mandelboim, Gor, Witzman-Gor & Co. represents claimants in this appeals process and frequently uncovers new medical evidence or legal arguments that lead to higher assessments.

Ministry of Defense Liability in Accidents

The Ministry of Defense (including the IDF, police, security services, and other government units) bears legal responsibility for accidents caused by its negligence. This liability may be full (100%) or partial, depending on the circumstances of the accident.

When the Ministry of Defense is responsible for an accident—whether due to maintenance failure, inadequate safety guidelines, employee negligence, or other negligence—it must pay compensation to the injured party. The compensation includes all damages described above (medical expenses, lost income, pain and suffering, and so on).

In claims against the Ministry of Defense, it is important to remember that the State is represented by attorneys from the Government Legal Services, and the proceedings may be lengthy and protracted. Therefore, experienced and dedicated legal representation is essential.

Why Choose Mendelboum, Gor, Witzman-Gor & Co. in Permanent Disability Claims?

When you are dealing with permanent disability as a result of an accident, you need an attorney who understands the complexities of personal injury claims and stands by your side every step of the way. Mendelboum, Gor, Witzman-Gor & Co. offers all this and more:

Deep Experience Since 2008

Mendelboum, Gor, Witzman-Gor & Co. was founded in 2008 by Attorney Karen Mendelboum, and has since represented claimants in complex personal injury claims. Our experience spans traffic accidents, workplace accidents, public negligence, and claims against the Ministry of Defense. We know how to navigate the Israeli legal system, how to communicate with the courts, how to conduct negotiations with insurance companies and government entities.

Representation of Claimants Only

Mendelboum, Gor, Witzman-Gor & Co. represents claimants only in personal injury law. This means we do not represent insurance companies, do not represent the Ministry of Defense, and do not represent third parties. Our focus is dedicated entirely to your benefit, without conflicts of interest or other obligations.

Personal and Dedicated Approach

Every claimant receives personal and dedicated attention. We do not handle cases as a formula—each case is unique, and each claimant is unique. We invest time in understanding your case, listening to your needs, and creating a legal strategy tailored to your circumstances.

Free Initial Consultation

We offer a free initial consultation, during which we hear your story, examine the evidence, and provide an honest assessment of your claim's prospects. There is no commitment, and no fee.

Convenient Location in Ramat Gan

Our office is located in Ramat Gan, in the center of the country, in an easily accessible location. If you live in the area (Ramat Gan, Petah Tikva, Givatayim, Bnei Brak, or other central regions), you can reach us easily.

First Steps After an Accident

If you have been injured in an accident and have received an assessment of permanent disability, here are some important steps you should take:

1. Seek medical help: If you have not already done so, visit a doctor and obtain a professional diagnosis of your injury.
2. Gather evidence: Keep all documents related to the accident—police reports, photographs of the scene, medical records, assessments, witness testimonies.
3. Do not sign any agreement without legal advice: If the Ministry of Defense or an insurance company offers you a settlement, do not sign until you have consulted with an attorney.
4. Contact an attorney: Generally, contact Mendelboum, Gor, Witzman-Gor & Co. and schedule a consultation. It is free, and we will be able to give you an initial assessment of your case.

General Legal Information

The content on this page constitutes general legal information only and does not constitute personal legal advice. Each case of permanent disability is unique, and a thorough examination of the specific circumstances is necessary to provide accurate legal advice. If you are dealing with permanent disability as a result of an accident, we strongly recommend contacting a specialized attorney to receive personal advice and legal representation.