Tort Claim Against a Third Party in a Work Accident in Ramat Gan

What is a Third-Party Claim in a Workplace Accident?

A workplace accident is a complex legal battle. When someone is injured in a workplace accident, often not only their direct employer is liable, but also a third party — a subcontractor, defective equipment manufacturer, external service provider, or even a materials supplier. In such cases, the injured party is entitled to a separate damages claim against that third party, in addition to their rights under national insurance.

A third-party claim means: the injured party can sue for full compensation for all their losses — bodily injuries, loss of earning capacity, suffering, disability, and property damage — directly from the responsible third party, regardless of national insurance caps or decisions by a medical committee of the National Insurance Institute.

Mandelbaum, Gor, Witzman-Gor and Partners specializes in representing claimants exclusively in such claims since 2008. With over 18 years of experience, we have seen how injured parties' positions have prevailed against suppliers and firms that neglected safety. We understand the complexities: who exactly is the third party? What is the evidence? And what compensation is the injured party entitled to?

Who is Considered a Third Party in a Workplace Accident?

A third party is any entity other than the injured person's direct employer, whose legal liability for the accident arises under tort law. Typical examples include:

• Subcontractor or general contractor: When an employee of a subcontractor is injured in an accident caused by the management or supervision of another general contractor in the construction or infrastructure sector.
• Equipment or machinery manufacturer: A company that manufactured defective equipment lacking safety features, or that failed in the manufacturing process or quality control testing.
• External service provider: A cleaning, maintenance, technical inspection, or transportation company that failed to perform its safety obligations.
• Property owner or premises owner: Owners of sites, buildings, or facilities who failed to maintain safe conditions or did not warn other business operators about known hazards.
• Planners, architects, or engineers: Parties who designed a project unsafely or failed to properly supervise its execution.

In each of these cases, there is a legal basis for an independent damages claim, entirely separate from a national insurance claim.

The Difference Between a Claim Against a Third Party and National Insurance

This distinction is critical to understanding your rights as an injured party:

National Insurance: The National Insurance Institute pays fixed benefits — a monthly allowance according to the percentage of disability, medical expenses, and a nursing allowance if required. These are minimal benefits, typically lower than actual damages, with mandatory legal caps.

Tort claim against a third party: You seek full compensation for all your damages — every amount you have actually lost or suffered from. This includes: all medical expenses (even if not covered by national insurance), full loss of income, physical and psychological suffering, damage to social life, and compensation for permanent disability. There are no strict caps as in national insurance.

Practical implication: A victim of a serious work accident can obtain significantly higher compensation from a third party than from the National Insurance Institute. This is why such claims are so important.

The Third Party Claim Process — Main Steps

A claim against a third party goes through several stages:

1. Evidence collection and documentation: Complete medical documentation, witness statements, accident reports, documentation of the accident scene, and safety certificates. This is immediate work — witnesses can forget, documents can be lost.
2. Establishing legal liability: An attorney must prove that the third party owed a duty of care, breached it, and that the breach directly caused the accident. This requires a thorough legal investigation of the accident circumstances, safety regulations, and work procedures.
3. Damage assessment: Precise calculation of all damages — actual medical expenses, loss of income (past and future), rehabilitation expenses, compensation for suffering and diminished quality of life.
4. Send a claim to the defendant or their insurance: Typically, the third party is covered by liability insurance. Your attorney will contact the insurance company, present the claim, and attempt a pre-litigation settlement.
5. Negotiation or filing a lawsuit in court: If no settlement is reached, the claim is filed with the district court. This process includes filing pleadings, witness statements, legal examination, and sometimes court hearings.
6. Court judgment or settlement: The court decides on the amount, or the parties reach a settlement before judgment.

Each stage requires experienced legal expertise. Mandelboim, Gur, and Witzman-Gur will manage all details — from initial evidence collection through insurance claims and court litigation if necessary.

Types of Damages in a Third-Party Claim

In a claim against a third party, you can claim compensation for a wide range of damages. Unlike National Insurance, which pays only a fixed allowance, a court evaluates each type of damage separately:

The total amount in a third-party claim can be significantly higher than the monthly National Insurance allowance. This is why it is extremely important to be represented by an experienced attorney who knows how to accurately evaluate each type of damage.

Employer Liability vs. Third-Party Liability

This topic can be confusing, but it is critical:

Employer Liability: An employer is legally required to provide a safe work environment, train employees, enforce safety rules, and use standard equipment. If an employer neglects these duties, they are liable under tort law. However, most workers injured in workplace accidents receive their entitlements through National Insurance from the employer (via the National Insurance Fund), and therefore do not sue the employer directly — the employer is typically protected by the National Insurance Law.

Third-Party Liability: A third party is not an employer, but may be liable if:

• They were required by law or contract to ensure safety (for example, a general contractor required to supervise a subcontractor);
• They are an equipment or service provider that failed to meet standards (for example, a machine manufacturer that failed to install a safety lock);
• They are a property owner who failed to warn of a known danger.

The important point: You can sue a third party in addition to receiving National Insurance benefits. These are two completely separate ways to obtain compensation.

Why Choose a Lawyer Representing Claimants Only?

In the world of tort law, there are firms that represent both claimants and defendants (insurance companies, employers). Mendelboim, Gor, and Vitzman-Gor firm is different: we represent claimants only. This means:

• No conflict of interest: We do not represent insurance companies or third parties. All our energy is dedicated to ensuring you receive maximum compensation.
• Deep experience with claimants: Since 2008, we understand all the tactics insurance companies use to reduce the amount. We know how to handle it.
• Personal attention: You are not just a file. We speak with you, we listen to your story, and we work to secure justice for you.
• Free initial consultation: We believe every injured person should speak with a lawyer. You don't need to worry about costs at the initial stage.

A boutique family law firm like ours allows us to dedicate time and attention to each client. We are not a case warehouse — we build relationships.