School Accident Guide: Liability, Rights and National Insurance

School Accident Guide — Understanding School Liability and Student Rights

A school accident is a serious and traumatic event for both the injured student and their family. Whether it's a fall in the schoolyard, an injury during physical education class, an accident on the way to school, or any other incident resulting in bodily injury, it is important to understand how Israel's legal system works to protect student rights and obtain fair compensation.

This guide describes the key topics: school liability, the role of national insurance, insurance claims, the compensation process and rehabilitation methods. As attorneys specializing in tort law and representing claimants exclusively since 2008, we guide claimants through these complex procedures with sensitivity and professionalism.

What is School Liability?

A school bears legal responsibility for the safety of students while they are within the school premises, in classes, during organized activities and on the way to school (in certain cases). This responsibility derives from Israeli law and jurisprudence, and includes the duty to supervise, maintain the building, provide safe equipment and conduct activities with due care.

If a school fails to meet these obligations and the result is student injury, it may be held liable for the damages caused. This liability can be full (100%) or partial, depending on the circumstances of the case, such as the action or inaction of the school, safety conditions, the student's age and their ability to protect themselves.

Types of School Accidents

• Accidents in the schoolyard and play: Falls, collisions, injuries from defective or unsafe playground equipment. Schools must maintain equipment and supervise activities.
• Accidents during classes: Injuries during physical education, chemistry, technology or other classes involving risk. The teacher must provide safe instruction and use appropriate equipment.
• Accidents on the way to school: In some cases, a school may be held liable for accidents on the way to school if they are related to school activities or if the school failed to provide adequate supervision.
• Accidents during school transportation: If a school provides transportation, it is responsible for the safety of students in the vehicle and during boarding and alighting.
• Injuries by peers: In cases of violence between students, a school may be held liable if it failed to protect the student or take action against the assailant.

Who is Liable in a School Accident?

In a school accident, several parties may be liable:

• The school: Has a legal duty to ensure student safety. This liability may be full or partial depending on the circumstances.
• The Ministry of Education: In certain cases, the Ministry of Education may be held liable if the issue is related to general policy, compliance with regulations or failure to allocate resources.
• Contractor or vendor: If the accident resulted from work by a contractor (for example, repair of defective playground equipment), the contractor may be held liable.
• Third party: In rare cases, a person or entity not directly related to the school may be held liable.

National Insurance and School Accident

When a student is injured in a school accident, he or she or their family can file a claim with the National Insurance Institute. National Insurance provides benefits to an insured person injured in a work accident or a traffic accident. In the case of a school accident, the treatment depends on the circumstances — if it is a student injured during a lesson or school activity, National Insurance may recognize the accident as a "work accident" for benefits purposes.

National Insurance benefits include:

• Monthly allowance due to permanent disability (according to disability percentages determined by a medical committee).
• Medical expenses and rehabilitation treatment.
• Family allowance in case of death.
• Assistance with vocational rehabilitation and return to work (for adults).

It is important to note that National Insurance benefits do not require proof of fault or negligence by the school — they are based solely on the fact of the accident. However, these benefits sometimes do not cover all the damages caused, and therefore a civil claim against the school or another third party may be necessary to obtain full compensation.

Civil Claim Against the School

In addition to National Insurance benefits, the family of the injured student can file a civil claim against the school or other parties to demand compensation for damages caused. Such a claim is based on proof of liability (negligence, breach of legal duty, or violation of law) and a causal relationship between the breach and the damage.

Damages that can be claimed include:

• Physical damages: Pain and suffering, loss of earning capacity, medical expenses and treatment not covered by National Insurance.
• Psychological damages: Trauma, anxiety, depression, or psychological problems caused as a result of the accident.
• Loss of income: If the student is an adult and as a result of the accident cannot work.
• Treatment and rehabilitation costs: Any expense related to rehabilitation and return to functioning.

A civil claim requires filing a lawsuit in court and a prolonged process of evidence, testimony, and hearings. This can take months or years, but in some cases, a settlement can be reached outside of court.

School Liability Insurance

Most schools are required by law to maintain liability insurance covering damages caused to students. This insurance covers claims for physical damages due to school negligence. When a family files a claim, it essentially affects the school's liability insurance, not directly the school itself.

Liability insurance may contain limitations, deductibles (franchise), and maximum claim amounts (limit). It is important to review the insurance terms to understand what is and is not covered.

Comparison Table: National Insurance vs. Civil Claim

How Mandelboum, Gur, and Witzman-Gur Assist in School Accidents

As attorneys specializing in tort law and representing claimants exclusively, we guide families through every stage of the legal process following a school accident. Our experience since 2008 enables us to understand the nuances of school liability, national insurance, and civil claims.

Our services include:

• Free Initial Legal Consultation: At your first meeting, we listen to your family's story, analyze the circumstances, and explain your legal rights.
• Claim Preparation: We handle the filing of the national insurance application, evidence collection, obtaining testimonies, and preparing the civil claim.
• Representation Before National Insurance: We represent the injured party before the medical committee and submit appeals if necessary.
• Negotiation with the Insurer: We negotiate with the school's insurance company to reach a fair settlement.
• Court Representation: If the case proceeds to trial, we represent the injured party in court with strong, well-founded arguments.
• Post-Settlement Support: We assist with payment execution, completion of additional forms, and any further legal needs.

We understand that a school accident is a traumatic experience for the entire family. Our approach is personal, dedicated, and focused on rehabilitation and restoration of function. We work in plain language, explain every step, and maintain full accountability to the injured party and their family.

Examples of Common School Accident Scenarios

Scenario 1: Fall from Defective Play Equipment

A student falls from play equipment that has not been properly maintained. The school did not inspect the equipment regularly and did not remove it from use despite it being dangerous. In this scenario, the school may be held liable for negligence in maintenance and supervision. The student may receive benefits from national insurance and can also file a civil claim against the school.

Scenario 2: Injury During Physical Education Class Without Proper Supervision

A student is injured during a physical education class when the teacher was not present or did not properly supervise the activity. In this case, the liability of the teacher and school may be significant. A civil claim may be justified and could result in higher compensation.

Scenario 3: Violence Between Students

A student is injured as a result of violence by another student. If the school knew or should have known about previous issues between the students and failed to take action, it may be held liable for negligent supervision. Additionally, the assaulting student may be held personally liable.

Scenario 4: School Bus Accident

A student is injured in a school bus due to sudden braking or a vehicle accident. The school, the bus operator, or the bus driver may be held liable depending on the circumstances. Liability may be shared among multiple parties.

What Are Disability Percentages and How Do They Affect Compensation?

When a student is injured in a school accident, the National Insurance medical committee determines disability percentages. These percentages reflect the extent of impairment to the student's work capacity or daily functioning. Disability percentages range from 0% (no disability) to 100% (total disability).

Disability percentages directly affect the amount of monthly stipend paid by national insurance. They also affect the compensation amount in a civil claim. If the committee has determined percentages that are too low, you can file an appeal and present the committee with additional medical evidence or testimony of the physical or psychological impact of the accident.

Example: If a student received a determination of 30% disability, they will receive a monthly stipend equal to 30% of the full stipend. If following an appeal the determination increases to 50%, the monthly stipend will increase accordingly.

What Is the Average Time to Receive Compensation?

The time to obtain compensation for a school accident varies depending on the type of claim and circumstances:

• National Insurance: Generally, national insurance handles a claim within a few months. However, if there is an appeal or complex medical examination, this could take considerably longer.
• Civil Claim: A civil claim typically takes between 6 months to two years, depending on settlement or court proceedings. Complex cases may take longer.
• Negotiation and Settlement: If the parties reach a settlement outside of court, the process can be much faster — sometimes within a few months.

Ministry of Education Responsibility and Safety Regulations

In addition to the school's own responsibility, the Ministry of Education bears responsibility for implementing safety regulations and supervising schools. If a school fails to comply with regulations established by the Ministry of Education (for example, regulations regarding maintenance of playground equipment, supervision in dangerous classes, or safety guidelines), a claim can also be filed against the Ministry of Education.

The Ministry of Education may be held liable if:

• It failed to properly direct the school on safety matters.
• It did not provide sufficient resources for school safety.
• It failed to take action against a school known to be non-compliant with safety regulations.
• Its guidelines were defective or outdated.

A claim against the Ministry of Education may be more complex, as government agencies enjoy certain legal immunities. However, under certain circumstances, the Ministry of Education can be successfully sued.

Rights of the Injured Student and Family

Every student injured in a school accident enjoys strong legal rights:

• Right to Medical Care: The school must provide emergency medical care and notify parents immediately.
• Right to National Insurance Benefits: The student is entitled to national insurance benefits based on the occurrence of the accident.
• Right to Civil Claim: The student may sue for compensation based on negligence of the school or other parties.
• Right to Appeal: If a national insurance decision or disability percentage determination appears unfair, the student may appeal.
• Right to Rehabilitation: The school must assist in the student's rehabilitation and return to school activities, according to their needs.
• Right to Privacy: Details of the accident and the student's identity are protected by law.

Practical Advice for Families Following a School Accident

1. Keep Complete Documentation: Keep copies of all documents — medical reports, school reports, photographs of the accident scene, correspondence, national insurance notifications, and all correspondence with the school or insurer.

2. Do Not Sign Agreements Without Legal Advice: If the school or insurer offers you an agreement or statement, do not sign until an attorney has reviewed them. Such agreements may contain terms that harm your rights.

3. Report to National Insurance Promptly: File a claim with national insurance within a reasonable timeframe. Any delay may affect your benefits.

4. Consult with an Attorney Early: Do not wait months to consult with an attorney. Early consultation will help you understand your rights, preserve important evidence, and plan next steps.

5. Monitor Medical Treatment: Ensure the student receives all necessary medical care — medical examinations, physiotherapy, psychological counseling, etc. These expenses may be part of your claim.

6. Maintain Contact with the School: Although the school may become the "opposing party" in a lawsuit, it is still important to maintain a healthy relationship to ensure the student's continued care at school.