Guide to Personal Injury Claims Against an Employer

What is a Personal Injury Claim Against an Employer?

A personal injury claim against an employer is a legal action filed by an employee or job seeker who has been injured in a work accident or as a result of the employer's negligence, seeking monetary compensation for damages incurred. Unlike a National Insurance claim, which is statutory, a personal injury claim is based on a fundamental legal principle: whoever causes damage to another is liable for compensation. The employer, as the owner of the workplace and responsible for employee safety, may be liable for accidents occurring at the workplace, particularly if there was negligence on their part.

Such a claim may be one of the most important ways to receive full compensation for bodily injury, loss of earning capacity, pain and suffering, and medical expenses not covered by national insurance. At Mandelboim, Gor, Witzman-Gor and Co., we represent claimants exclusively in personal injury cases over 18 years old, and have developed deep expertise in claims against employers.

When is it possible to file a personal injury claim against an employer?

Such a claim is possible in several common scenarios: when the employer failed to provide appropriate safety equipment, when there was a lack of supervision or safety instruction, when the employer violated work safety regulations, or when the employer knew or should have known of a workplace hazard and failed to take action to prevent it. Each case is examined on its own merits, according to the specific facts of the accident and the circumstances leading to it.

What is the difference between a personal injury claim and a National Insurance claim?

National Insurance provides a fixed monthly allowance and a one-time compensation based on disability percentage, but the amounts are typically lower than actual damages. A personal injury claim allows the injured party to claim full compensation for all damages incurred: bodily injury (pain and suffering), loss of future income, medical expenses, restoration of earning capacity, and more. At certain times, two claims can be filed in parallel, but there are laws that prevent receiving double compensation for the same damage.

Stages of a Personal Injury Claim Against an Employer

A personal injury claim typically goes through several legal stages, beginning with updating medical records and ending in a judgment or settlement. Understanding the stages helps the injured party prepare for the process and protect their rights.

Stage 1: Evidence Collection and Medical Documentation

Before filing a claim, it is necessary to collect all relevant evidence: accident report from the employer, witness statements, photographs of the accident scene, complete medical reports, medical examination records, medical invoices, and more. It is very important to document all medical treatments from the moment of the accident, as this will help the judge understand the extent of damage and the causal link between the accident and the injury. At our office, we help injured parties collect all required evidence in an organized and legally correct manner.

Stage 2: Sending a Legal Notice

After collecting evidence, a legal notice (or "demand letter") is typically sent to the employer and their insurance company, notifying them of the intention to file a claim and demanding compensation. This notice details the allegations, the claimed damages, and the legal basis for the claim. The purpose of the notice is often to open settlement negotiations before filing the claim with the court, which may save time and money.

Stage 3: Settlement Negotiations and Mediation

At this stage, the parties may meet (sometimes through a legal mediator or through mediation—an independent legal expert) to try to reach a settlement. A settlement can be very efficient because it saves legal costs, court time, and the uncertainty of a judgment. In many cases, the parties reach a settlement at this stage, especially if there is clear evidence of the employer's liability.

Stage 4: Filing the Claim with the Court

If a settlement is not reached, a formal claim is filed with the district court (usually) or with the magistrate's court (in cases of smaller amounts). The claim includes a detailed description of the accident, allegations of the employer's liability, a list of damages, and a demand for monetary compensation. After filing the claim, the court has authority to direct the parties to attempt settlement or to lead the proceedings to the evidence stage.

Stage 5: Evidence Proceedings and Court Hearing

At this stage, both parties submit evidence: written statements, witness testimony, expert medical opinions, etc. The court may order an independent medical examination (medical committee) to determine the extent of damage objectively. Court hearings can last several months or years, depending on the complexity of the case.

Stage 6: Final Judgment or Settlement

Finally, the judge will issue a judgment determining whether the employer is liable and to what percentage, and will set the compensation amount. Alternatively, the parties may reach a settlement at any stage of the process. A final judgment or settlement allows the injured party to receive compensation and close the case.

Employer Liability in Tort Claims

An employer bears legal responsibility for the safety of their employees. This responsibility stems from laws such as the Occupational Safety Law, the Labor Supervision Law, and the fundamental legal principle of "occupiers' liability." An employer must take reasonable steps to prevent accidents, enforce safety measures, provide safety equipment, and provide safety training to employees.

When is an Employer Considered Liable?

An employer is considered liable when they failed to provide appropriate safety equipment (for example, helmets, gloves, safety shoes), when there was a lack of supervision or safety training, when the employer violated safety regulations, or when the employer knew or should have known of a workplace hazard and failed to take action to prevent it. In some cases, even if the employee themselves was partially responsible for the accident (for example, because they acted negligently), the court may reduce the compensation according to the percentage of the employee's responsibility, but this does not eliminate the employer's liability entirely.

Employer Insurance

Most employers carry employers' liability insurance, which covers claims by employees. This insurance is designed to cover the amounts the employer is required to pay as compensation. When a claim is filed, the employer's insurance company typically manages the defense and attempts to settle the claim. It is important to know that the employer's insurance can be a third party, so a claim may involve three parties: the injured party (plaintiff), the employer (defendant), and the insurance company.

Comparison Table: Scenarios and Types of Damages

Note: The table presents typical scenarios only. Compensation amounts vary significantly depending on the specific facts of each case, degree of disability, age of the injured party, occupation, and legal status.

Why Choose Mandelboim, Gor, Witzman-Gor & Co. Law Firm?

Our firm specializes in tort law for over 18 years, with extensive experience in claims against employers, workplace accidents, traffic accidents, and insurance claims. We represent plaintiffs exclusively, which means we are entirely focused on your rights and obtaining the maximum compensation you are entitled to. Our approach is personal and dedicated: we consult with each client individually, understand the unique circumstances of their case, and help them navigate the complex legal process.

Our initial consultation meeting is free of charge, so you can get to know us and understand your options. We will review all your evidence, assess the prospects of your claim, and advise you on the next steps. We are a boutique family law firm, which means we have the time and attention for each client, and we do not handle dozens of cases simultaneously without providing genuine attention.

Our office is located in Ramat Gan, with an additional branch in Petach Tikva, to serve our clients conveniently. We offer professional, precise legal advice focused on achieving the best outcome for you.