Damages Claim for Defective Equipment in the Workplace in Ramat Gan

What is a Damages Claim for Defective or Unsafe Equipment at Work?

A damages claim resulting from defective or faulty equipment at work is one of the central areas of specialization at our firm, Mandelbaum, Gor, Witzman-Gor and Co. When a worker is injured by defective, worn, poorly maintained, or improperly installed equipment, the employer or business owner is liable for the damages caused. This liability stems from a legal obligation to provide a safe work environment and to ensure that all equipment meets safety standards.

In Israel, the National Insurance Law and tort laws are designed to prevent workplace accidents and fairly compensate injured parties. When an accident occurs due to employer negligence — such as the use of equipment that has not undergone periodic inspection, or the use of equipment not suited to the worker — a damages claim can be filed to obtain compensation for personal injury, loss of earning capacity, emotional suffering, and future damages.

Why Does Defective Equipment Create Legal Liability?

The employer is required to provide safe and proper equipment. This is not merely a legal obligation, but rather a duty of care established by Israeli case law. When a worker is injured by defective, worn, or uninspected equipment, this constitutes evidence of negligence. Our firm has over 18 years of experience representing victims of such workplace accidents, and we understand how to establish the connection between defective equipment and the damages incurred.

What Constitutes Defective Equipment?

• Worn construction equipment: Ladders, safety equipment, safety harnesses, helmets, lifting equipment that does not meet standards.
• Machinery and tools: Machines with sharp, broken, or improperly guarded parts; electrical tools with insulation or grounding problems.
• Defective personal protective equipment: Torn gloves, broken safety glasses, masks that do not fit or have not been replaced.
• Maintenance equipment: Cranes, elevators, heavy machinery that were not properly maintained or did not undergo periodic inspection.
• Temporary or ad hoc equipment: Scaffolding, beams, temporary lifting equipment that was not properly installed.

Each of the foregoing may create legal liability of the employer, business owner, or contractor.

Defective Equipment Injury Claim Process

When you are injured by defective work equipment, the path to obtaining legal compensation involves several stages. Our firm, Mendelbaum, Gor, and Witzman-Gor, accompanies you through every step of the process.

Stage 1: Evidence Collection and Initial Investigation

Evidence is the heart of every injury claim. We must collect:

• Complete medical documentation of the injury and treatment.
• Photos and videos of the defective equipment, if available.
• Safety reports and accident reports from the employer or insurance company.
• Witness testimony from those present at the accident scene.
• Documentation of periodic inspections (or lack thereof) of the equipment.
• The employer's internal safety and equipment procedures.

Our firm uses discovery laws to obtain information from the employer and their insurance company.

Stage 2: Damage Assessment and Medical Costs Evaluation

After gathering evidence, we must assess the scope of damages:

• Medical damages: Treatment costs, surgeries, rehabilitation, medications.
• Loss of earning capacity: permanent disability percentages, future income loss.
• Pain and suffering: Physical pain, emotional distress, reduced quality of life.
• Future costs: Expected treatments, ongoing care.

Our firm works with medical and financial experts to ensure accurate damage assessment.

Stage 3: Filing a Formal Claim

If an out-of-court settlement is not possible, we file a lawsuit in district court. In the lawsuit, we:

• Detail the allegations against the employer and insurance company.
• Prove the connection between the defective equipment and the damages.
• Present the full calculation of the required compensation.
• Reference previous rulings and legal doctrine.

Such a claim may range from tens of thousands to hundreds of thousands of shekels, depending on the severity of the damage.

Stage 4: Negotiation and Settlement

At this stage, our firm negotiates with representatives of the employer's insurance company. In many cases, an out-of-court settlement is the most efficient approach. We leverage the strength of our evidence to achieve a fair settlement for you.

Stage 5: Trial and Compensation Collection

If a settlement is not possible, the case goes to trial. There, a judge will hear our arguments, witness testimony, expert opinions, and render a decision. After receiving the decision, we assist in collecting the compensation from the insurance company or employer.

Types of Compensation in Defective Equipment Injury Claims

When you win a personal injury lawsuit or reach a settlement, the compensation you receive includes several components:

Economic Damages (Actual Damages)

Actual damages are the real costs incurred as a result of the accident:

• Medical expenses: Surgery, hospitalization, rehabilitation treatment, medication, medical equipment.
• Past loss of income: Wages lost during the recovery period.
• Future loss of income: If permanent disability prevents you from returning to work, you are entitled to compensation for income you will be unable to earn in the future.

Non-Economic Damages (Moral Damages)

Moral damages are compensation for suffering, pain, loss of quality of life, and emotional distress:

• Suffering and pain: Physical pain, emotional suffering, anxiety.
• Loss of life conditions: If you can no longer do things you used to do (sports, hobbies, social activities).
• Damage to honor and personal dignity: Particularly in cases of visible injuries or significant disability.

Disability Percentages and Compensation Calculation

In personal injury lawsuits, the permanent disability percentage determined by a medical committee is a critical factor in calculating compensation. Each percentage of disability is converted into a specific monetary amount according to court precedent. For example:

• Disability of 10–20% may result in compensation of tens of thousands of shekels.
• Disability of 50% or more may result in compensation of hundreds of thousands of shekels.

Our firm works with medical experts to ensure your disability assessment is fair and accurate.

Practical Example

Example: A construction worker was injured by a broken ladder that was not properly inspected. He suffered a broken spine, underwent surgery, and required 6 months of recovery. Following this, a permanent disability percentage of 15% was determined for him. His compensation may include:

• Medical expenses: 50,000 NIS.
• Past loss of income: 60,000 NIS (6 months without work).
• Future loss of income: 200,000 NIS (based on age and expected work capacity).
• Moral damages: 150,000–250,000 NIS (based on the severity of suffering).
• Total: approximately 460,000–560,000 NIS.

This is an example only, and each case is different. Our firm will carefully review your case and calculate your exact compensation.

Employer's Liability for Defective Equipment

Under Israeli tort law, the employer is liable for providing a safe work environment. This includes:

Periodic Equipment Inspection

The employer must inspect equipment regularly and maintain it. If equipment is not inspected or maintained, this constitutes evidence of negligence.

Removal of Defective Equipment

Equipment found to be defective must be immediately removed from use. If the employer continues to use defective equipment, this constitutes serious negligence.

Safety Training and Instructions

Employees must receive training on how to use equipment safely. If an employee was not provided with instructions, this may be considered part of the negligence.

Proper Personal Protective Equipment

The employer must provide personal protective equipment (gloves, goggles, helmets, safety belts, etc.) and replace it when worn out.

If the employer failed to meet any of these conditions and this led to an accident, you have a strong basis for a negligence claim.

Liability of Subcontractors or Equipment Suppliers

Sometimes defective equipment comes from a subcontractor or equipment supplier. In such cases, you may be entitled to file a claim against the subcontractor or supplier in addition to a claim against the main employer.