Complete Guide: Temporary Disability and Temporary Incapacity

What is Temporary Disability and Temporary Incapacity?

Temporary disability and temporary incapacity are legal concepts relating to bodily injuries caused by an accident (traffic, work, or public negligence) that are not permanent. Unlike permanent disability, which is a health condition that persists for a long time or indefinitely, temporary disability is a limited period of inability or limitation in daily activities, work and self-care.

When a person is injured in an accident and sustains an injury that affects their functioning for a certain period, they are entitled to compensation for that period. Such compensation is typically covered by national insurance (in work accidents and unemployment insurance), compulsory car insurance (in traffic accidents), or a civil claim against the responsible party.

The Difference Between Temporary Disability and Temporary Incapacity

The two concepts are related but distinct. Temporary disability refers to a situation where a person suffers from physical or mental injury that limits their ability to perform daily activities, but is of a temporary nature — meaning it is expected to heal or change. Temporary incapacity is a broader term referring to inability to work, study or engage in other activities, as a result of injury or illness.

In a legal context, both terms are used to calculate compensation for the recovery or convalescence period, as well as for loss of income during that period.

Types of Temporary Disability and Compensation Categories

Under Israeli tort law, compensation for temporary disability and temporary incapacity is divided into several main categories:

• Injury Compensation (Pain and Suffering Damages) — compensation for physical pain, mental suffering and diminished quality of life during the period of temporary disability. This amount varies according to the severity of the injury, duration of disability and its nature.
• Loss of Income — compensation for loss of income during the period of incapacity. This calculation is based on the injured party's income before the accident, the duration of the period during which they could not work, and the rate of income loss.
• Medical and Treatment Expenses — all expenses incurred for medical treatment, physiotherapy, medications, tests and related treatments during the period of temporary disability.
• Self-Care and Assistance Costs — during the period when the injured party could not care for themselves, they are entitled to compensation for caregiver wages, home care and additional services that were required.
• Indirect Losses — in some cases, an injured party is entitled to compensation for additional losses such as cancellation of engineering treatment, transportation expenses to medical examinations and more.

How Are Temporary Disability Compensations Calculated?

Calculating compensation for temporary disability is a complex process involving multiple steps and factors. Mandelboim, Gor, Witsman-Gor & Co., with over 18 years of experience representing claimants in traffic and workplace accidents, knows how to navigate this process efficiently.

Calculation Steps

1. Determining the Duration of Temporary Disability
The first step is establishing the period during which the injured party suffered from temporary disability. This is typically determined by a medical report describing the victim's condition, the injury sustained, and the recovery trajectory. In some cases, the duration is determined by a National Insurance medical committee or through legal examination.

2. Assessing the Percentage of Disability During This Period
Not all temporary disabilities have the same severity. Some individuals may have been able to work partially, while others were completely incapacitated. In some cases, a medical committee determines a temporary disability percentage (for example, 50% or 75%) that reflects the degree of limitation during a specific period.

3. Calculating Income Loss
Based on the injured party's income before the accident, the duration of the incapacity period, and the disability percentage, income loss is calculated. For example, if an employee earned 10,000 shekels per month and suffered from 100% temporary disability for 3 months, their income loss would be 30,000 shekels (under certain conditions, depending on the type of levy and insurance).

4. Assessing Pain and Suffering Damages
Pain and suffering damages (non-pecuniary damages) are calculated according to the severity of the injury, duration of disability, and its nature. Typically, a detailed medical examination and an expert physician's report help determine a reasonable amount. Israeli case law provides guidelines to assist in this assessment.

5. Medical and Support Expenses
All expenses incurred for medical treatment, physiotherapy, medications, examinations, and any other support services accumulate toward the total compensation. These expenses must be documented and proven (receipts, invoices, medical reports).

Factors Affecting Compensation Amount

• Age of the Injured Party — A younger person who is injured may suffer income loss over a longer period than someone close to retirement age.
• Type of Profession — A worker in a profession requiring full physical capacity may suffer greater losses than an office worker.
• Severity of the Injury — A more severe injury justifies higher pain and suffering damages.
• Duration of Recovery — A longer period of temporary disability means higher compensation.
• Nature of the Injury — Injury to a sensitive body part (head, spine, face) may justify higher compensation than injury to a less critical area.

Process of Filing a Temporary Disability Claim

Filing a claim for temporary disability is a process that requires meticulous documentation, medical evidence, and a strong legal framework. Below are the typical stages of the process:

Stage 1: Information Gathering and Initial Documentation

At this stage, we collect all relevant information: medical reports, expense receipts, witness testimonies, photographs of the accident (if available), and any other document that may support the claim. This documentation is critical to the success of the claim.

Stage 2: Medical Examination and Expert Report

We arrange a medical examination of the injured party by a specialist physician who will provide a detailed report on the victim's condition, expected duration of disability, and degree of disability. This report serves as the basis for assessing compensation.

Stage 3: Assessment of Claim Amount

Based on the medical reports, documented expenses, and the victim's income, we calculate a reasonable claim amount. This calculation takes into account all relevant factors mentioned above.

Stage 4: Filing a Claim or Application

Depending on the type of claim (national insurance, compulsory insurance, civil action), we file the claim or application with the appropriate forum. Each type of claim has separate requirements and legal deadlines that must be adhered to.

Stage 5: Negotiation and Settlement

After filing the claim, a process of negotiation with the other party typically begins (insurance company, national insurance, or defendant). In many cases, the parties reach an agreement without the need for protracted legal proceedings.

Stage 6: Legal Proceedings (if necessary)

If no agreement is reached, the claim may go to court. We represent the victim at all stages of the proceedings, from filing the statement of claim to court hearings.

Rights of Victims with Temporary Disability

Any person injured in an accident and suffering from temporary disability is entitled to certain legal rights:

• Right to Financial Compensation — for all expenses, losses, and suffering incurred during the period of temporary disability.
• Right to Medical Treatment — all medical treatment required for the injury must be covered by the responsible party or insurance.
• Right to Legal Advice — every victim is entitled to consult with a lawyer free of charge (first consultation at Mendelboim, Gor, and Witzman-Gor office at no cost).
• Right to Appeal — if the victim disagrees with the compensation amount offered, they have the right to appeal and pursue additional legal proceedings.
• Right to Participation in Decisions — the victim must be involved in every decision concerning their claim and must give consent to any final settlement.

Comparison Table: Types of Compensation for Temporary Disability

Note: The figures in the table are approximate and intended as examples only. Each case is examined individually, and compensation amounts vary according to circumstances, income, severity of injury, and other factors.