Occupational Disease Guide — Claims and Rights

Occupational Disease — Definition and Basic Rights

An occupational disease is a health condition that arises directly from working conditions, materials used, or the environment in which work is performed. Unlike a work accident, which is a sudden and single event, an occupational disease develops gradually as a result of repeated and prolonged exposure to a harmful factor or problematic conditions. Common examples include asbestosis in construction workers, nerve compression injuries from repetitive work, lung problems in chemical industry workers, and numerous skin diseases in workers in various industries.

As an occupational disease victim, you are entitled to significant legal and financial rights. These rights include formal recognition of the disease, a national insurance allowance, monetary compensation for disability and suffering, and an allowance for dependents in case of death. Filing an occupational disease claim is a complex legal process requiring proof of causal connection between the disease and working conditions, comprehensive medical documentation, and in-depth understanding of national insurance and tort law.

Mandelbaum, Gor, Yitzman-Gor and Co. has over 18 years of experience representing occupational disease victims. We specialize in proving causal connection, managing complex cases with the National Insurance Institute, and pursuing compensation claims against employers and employers' liability insurance. Each case receives personal attention, close coordination with physicians and medical professionals, and full dedication to obtaining the maximum compensation you are entitled to.

Steps in Filing an Occupational Disease Claim

The occupational disease claim process involves several essential steps. In the first stage, you must submit an application to the National Insurance Institute to have the disease recognized as an occupational disease. This stage involves submitting comprehensive medical documentation, detailed work history, and evidence of exposure to the harmful factor. The National Insurance Institute will review the application and may request additional examinations or expert medical opinions.

In the second stage, if the National Insurance Institute recognizes the disease, you can file a compensation claim for damages. This compensation can be directed against the employer, the National Insurance Institute (for allowance payments), or employers' liability insurance. At this stage, a comprehensive medical assessment is necessary regarding the degree of disability, loss of earning capacity, physical and psychological suffering, and all related damages.

A third crucial stage is negotiation or settlement. In this process, our lawyers will negotiate with the other parties to achieve a fair settlement. If a settlement cannot be reached, the case will proceed to court, where a full trial will take place with presentation of medical evidence, testimony, and expert opinions.

Proof of Causation — The Heart of the Claim

One of the central challenges in an occupational disease claim is proving the causal connection between the disease and working conditions. Unlike a work accident, where the connection is sometimes clear, in an occupational disease claim, medical and scientific proof is required showing that the disease was caused or aggravated as a direct result of the work.

This proof includes several elements: First, detailed medical documentation including an accurate diagnosis, the date of first symptom appearance, and the disease's progression over time. Second, a detailed work history describing the type of work, duration of exposure, type of materials or conditions to which the worker was exposed, and additional workplace factors that could affect health. Third, expert medical opinions confirming the connection between the exposure and the disease, in accordance with current medical and scientific literature.

In complex cases, we use evidence from additional workers who experienced similar diseases, documentation of working conditions at the workplace, and reports from international organizations such as the World Health Organization (WHO) or occupational safety agencies. The victim's rights depend directly on the strength of the causal proof, therefore investing in obtaining excellent evidence is critical.

Types of Compensable Damages

As a victim of an occupational disease, you are entitled to compensation for various types of damages. These damages are divided into two main categories: direct financial damages and non-financial damages.

Direct Financial Damages: Include loss of income due to inability to work, medical and treatment expenses (examinations, medications, physiotherapy), vocational rehabilitation expenses if required, and future expenses resulting from the disease. In some cases, if the disease led to expenses for home care, these expenses are also compensable.

Non-Financial Damages: Include compensation for physical and mental suffering, loss of future work capacity, damage to social and leisure life, and reduced life expectancy in severe cases. The assessment of these damages is based on disability percentages as determined by a medical committee, the victim's age, profession, and the circumstances of the case.

A National Insurance pension is a monthly pension paid for the victim's lifetime if the disability exceeds a certain threshold (usually 20% or more). This pension is not offset from civil damages compensation, meaning the victim can receive both a pension and financial compensation.

Comparison Table — Typical Scenarios in Occupational Disease Claims

Below is a table presenting various occupational disease scenarios, typical disability percentages, and the types of compensation that may be awarded in each case. Please note that each case is unique, and this table reflects general examples only:

It is important to note that these disability ranges vary depending on the circumstances of the case, the age of the injured party, their prior health condition, and their ability to work in alternative positions. Accurate assessment requires thorough medical examination and expert professional opinions.

Why Choose Mandelboum, Gor, Witzman-Gor & Partners?

Mandelboum, Gor, Witzman-Gor & Partners is a boutique family law firm specializing in representing victims in tort claims, including occupational diseases. With over 18 years of experience in this field, we have built a strong reputation for success in complex and challenging cases. Our expertise in tort law, workplace safety, and national insurance provides us with a deep understanding of your rights and how to secure them.

We believe in a personal and dedicated approach to every injured party. Each case is handled with full attention, with close coordination with physicians, medical professionals, and the National Insurance Institute. We understand that an occupational disease claim is an exhausting process both physically and emotionally, and we are here to ease the burden and guide you toward receiving the compensation you deserve.

Our office in Ramat Gan is conveniently located in the central region, allowing us to serve victims throughout the country. We offer a free initial consultation, so you can consult with us without financial commitment. During this meeting, we will review your case, explain your rights, and determine together the best course of action going forward.