Personal Injury Claim Against an Employer Following a Work Accident

What Compensation Are You Entitled to in a Damages Claim Against an Employer Following a Work Accident?

A work accident can leave behind significant physical, psychological, and financial damages. When you are injured in a work accident, you have a legal right to file a claim against your employer under Israeli tort law. This right is not dependent on filing a National Insurance claim — in fact, you can file a claim even if you have already received benefits from National Insurance.

In a claim against an employer, you can sue for compensation for a range of damages: bodily injury damages (pain, suffering, disability), loss of earning capacity, actual medical expenses (treatments, medications, surgeries), future treatment expenses, psychological treatment expenses, and complementary treatment expenses. Additionally, if you have suffered property damage (for example, clothing or personal equipment damaged in the accident), this can also be claimed.

Your employer must maintain a safe work environment and provide appropriate protective equipment. If your employer failed to do so, and this failure resulted in an accident, they may be held legally liable for damages caused to you. This is referred to as negligence-based liability or breach of duty of care.

At Mandelbaum, Gor, Witzman-Gor & Co. in Ramat Gan, we specialize in representing claimants exclusively in tort claims. We understand the difficult situation you find yourself in, and we are here to protect your rights and guide you through every step of the legal process.

When Can You File a Damages Claim Against an Employer?

A claim against an employer following a workplace accident is possible in several scenarios. The first and most common is when the employer failed to provide a safe work environment — for example, if they failed to install safety equipment, did not provide personal protective equipment, or did not conduct safety inspections. A second scenario is when the employer was aware of a certain danger but did not warn you or did not take steps to prevent it. A third scenario is when the employer or their manager acted with direct negligence that led to the accident.

It is important to understand: a claim against an employer is different from a National Insurance claim. National Insurance provides fixed benefits according to the degree of disability determined by a medical committee. In contrast, in a claim against an employer, you can claim full compensation for all damages you suffered, including pain and suffering. The compensation in a civil claim may be substantially higher than National Insurance benefits.

It should be noted that there is a time limit for filing a claim. Generally, you must file a claim within three years from the date of the accident. However, under certain circumstances, an extension may be requested. Therefore, it is important that you contact an attorney as soon as possible to protect your rights.

Also, be aware that your employer may be insured under employer liability insurance. This means that their insurance company is the one that will pay the compensation (or part of it), not the employer itself. This changes the dynamics of the claim, but not your rights.

Procedure for Filing a Damages Claim

The process begins with notification to the National Insurance Institute and the employer of the accident. Subsequently, we collect evidence: accident report, witness testimonies, medical examination, photographs of the accident scene, and documentation of all medical expenses. An important step is obtaining a medical opinion from a medical committee (if required), which determines the degree of disability and degree of suffering.

After gathering evidence, we send a demand letter to the employer's insurance company. In some cases, the matter is resolved through a settlement agreement. If no settlement is reached, we file a lawsuit in court. In the lawsuit, we present all evidence and demand full compensation for all damages.