Work Accident and Compensation Guide — Two Legal Routes

Work Accident and Compensation Guide — Where Does the Journey Begin?

A work accident is a difficult and life-changing experience. If you were injured in a work accident, you are entitled to financial compensation for your bodily injuries — physical trauma, pain, loss of earning capacity, and diminished quality of life. However, the path to compensation is not always clear. In Israel, there are two different legal routes for filing a work accident claim: the National Insurance route and a civil claim against the employer. Each route has its own rules, arguments, timelines, and compensation ranges. In this guide, we will explain both routes in detail, so you can understand which route is suitable for you and how to begin.

Mandelbaum, Gor, Witzman-Gor Law Firm & Co. specializes in representing claimants in tort cases — including work accidents — since 2008. We are located in Ramat Gan and Petach Tikva, and your first consultation with us is free of charge. In the consultation, we will examine your case in detail, explain your rights under both routes, and help you make an informed decision.

What is a Work Accident in Legal Terms?

Under Israeli tort law, a work accident is defined as an accident that occurred to an employee while performing their work or in connection with their work, and caused physical damage (injury, illness, disability, or death). This accident may be the result of:

• Malfunction or accident in working conditions — equipment failure, structural collapse, fall from height, or an unforeseen event.
• Negligence of the employer or another employee — failure to inspect equipment, improper instruction, failure to secure a work site.
• Dangerous working conditions — exposure to toxic substances, excessive noise, extreme temperatures, or other conditions that harm health.
• Work overload or psychological stress — in certain circumstances, a mental illness or health condition caused by difficult working conditions may be considered a work accident.

Each case is examined on its own merits, in accordance with the specific circumstances, evidence, and testimony.

Two Routes — Basic Differences

When you are injured in a work accident, you have the option to file a claim through two different routes. It is important to understand the differences, because each route affects the amount of compensation, the timelines, the evidence required, and your chances of success.

First Route: National Insurance Claim

What is National Insurance? National Insurance is a state system in Israel that provides social protection to employees in case of loss of income, illness, disability, or loss of earning capacity. Every employee in Israel pays National Insurance contributions from their salary, and the employer also pays these contributions. In return, if you are injured in a work accident, you are entitled to benefits from National Insurance.

How do you file a National Insurance claim? You contact your local National Insurance branch directly (according to your place of residence), submit an application form for work accident benefits, and attach medical documentation (doctor's certificate, tests, X-rays, etc.). The institution reviews the application and decides whether to recognize the accident as a work accident. If the National Insurance institution recognizes the accident, it pays you:

• Monthly allowance — if you cannot work or if your income has decreased due to impaired earning capacity.
• One-time payment (compensation) — in an amount determined according to the percentage of disability (as determined by a medical committee).
• Coverage of medical expenses — treatments, medications, rehabilitation, and medical equipment.

Advantages of the National Insurance route:

• A relatively quick process — usually a decision within a few months.
• You do not need to prove negligence or fault — it is sufficient that the accident occurred in connection with work.
• State coverage of medical expenses — you do not pay from your pocket for treatment.
• Monthly allowance — if you cannot work, you receive monthly income.

Disadvantages of the National Insurance route:

• Compensation amounts are relatively low — they are determined according to a state table and are linked to the percentage of disability.
• Limited compensation for pain and suffering — National Insurance provides compensation mainly for loss of income and allowance, not for emotional suffering or diminished quality of life.
• No compensation for expenses you have already paid from your pocket — except in certain circumstances.
• Complex appeals process — if the institution rejected your application or reduced your disability percentage, appealing is complicated.