Work Accident Guide — Claim Against Employer and National Insurance

Work Accident Guide: Understanding Your Rights and Options

A work accident changes lives. Whether it's a fall from height, an accident involving work equipment, injury due to unsafe working conditions, or any other workplace accident, the injured party is entitled to legal and financial protection. In this guide, we will examine all available options: a claim against the employer, treatment through national insurance, and the important differences between the various paths.

Mandelbaum, Gor, Witsman-Gor and Partners, Attorneys at Law, with its expertise in representing plaintiffs in tort cases, has assisted thousands of work accident victims since 2008. On this page, you will find comprehensive, practical, and focused information about legal procedures, your rights, and the essential initial steps to take immediately following an accident.

What is a work accident from a legal perspective?

A work accident is a sudden, one-time event that occurs during the performance of work or in direct connection with work, and causes damage or injury to the worker's body. This definition includes accidents that occur during direct work, on the way to work (under certain conditions), and even accidents resulting from unsafe working conditions. The legal definition is important because it determines eligibility for compensation and the available methods of claim.

Who is entitled to compensation after a work accident?

Every employee in Israel who has suffered bodily injury as a result of a work accident is entitled to compensation. This entitlement exists regardless of fault — meaning that even if the injured party was partially responsible for the accident, they are still entitled to compensation. The entitlement also extends to temporary workers, contractor employees, foreign workers with valid work permits, and national insurance covers workers working illegally (though under certain conditions). The only individuals not covered are the self-employed (who may join national insurance by permit).

What types of damages can be claimed?

Following a work accident, the injured party is entitled to compensation for various types of damages: direct bodily injuries (pain, suffering, health impairment), loss or reduction of earning capacity (if the accident caused disability or inability to continue working), medical expenses (treatments, medications, rehabilitation), loss of income (during recovery), and additional damages such as impairment of quality of life, need for ongoing care, or other assistance. The range of compensation varies greatly depending on the degree of disability, the age of the injured party, their occupation, and the circumstances of the case.

Comparison: Claim Against Employer vs. National Insurance

One of the most important decisions following a work accident is choosing the correct path for your claim. In Israel, the injured party generally has two main options: filing a tort claim against the employer in court (or through the employer's liability insurance) or applying to national insurance. Each path has its own advantages and disadvantages, and in certain cases, both can be pursued.

Tort Claim Against the Employer

A tort claim against the employer is a civil claim based on the assumption that the employer is responsible for the safety of its employees. In this claim, the injured party argues that the employer was negligent — meaning they did not provide safe working conditions, did not provide adequate protective equipment, did not properly train employees, or violated workplace safety laws. If the court accepts the claim, it may order the employer to pay significantly higher compensation than national insurance provides. An important advantage: a tort claim has no strict legal cap on compensation, and you can receive compensation for a wider range of damages, including suffering, impairment of quality of life, and loss of future income. A disadvantage: the claim requires proof of negligence, a lengthy legal process (months or years), and legal expenses.

National Insurance

National insurance is a social system designed to provide rapid assistance to work accident victims without the need to prove fault. Every employer in Israel is required to pay national insurance contributions for their employees, which covers work accidents. The advantages of national insurance: the claim is faster (usually within weeks to months), you do not need to prove negligence, and the process is simpler. The disadvantage: compensation is generally lower than in a tort claim, and there are legal caps on the amounts paid. Additionally, national insurance primarily pays monthly allowances rather than a lump sum.

The Option to Sue Through Both Paths

National insurance law contains a provision that allows the injured party to claim from national insurance first and simultaneously file a tort claim against the employer. If the claim against the employer succeeds, the injured party receives additional (or higher) compensation, but must repay to national insurance a portion of the amount received (in accordance with the law). This strategy allows the injured party to obtain both rapid assistance through national insurance and the possibility of higher compensation through a tort claim.

The Claim Process: From Reporting to Receiving Compensation

Step 1: Reporting to National Insurance

Typically, the employer reports the accident to National Insurance. If they fail to do so, the injured party may file a report themselves. The accident report form (Form 101) must be accurate and contain details about the accident, the injured party, and the type of injury. The National Insurance office will review the report and determine whether it constitutes a valid work accident under the legal definition.

Step 2: Medical Examination and Medical Committee

Following the report, National Insurance may refer the injured party for a medical examination. This examination is intended to assess the degree of disability and type of injury. If there is a disagreement between the National Insurance physician and the injured party's physician, an appeal may be filed with a Medical Committee. This committee will re-evaluate the degree of disability and determine final compensation.

Step 3: Compensation Decision

National Insurance will determine compensation according to its legal disability schedule. Compensation typically consists of two parts: a lump-sum payment for disability and a monthly allowance if the disability is permanent. The amount depends on the disability percentage (0–100%), the injured party's age, prior income, and type of disability (general or partial).

Step 4: Tort Claim Against the Employer (if applicable)

If the injured party decides to file a tort claim against the employer, this must typically be done within one year of the accident (the statute of limitations). The claim will be filed in the District Court or Magistrate's Court, depending on the amount claimed. The claim must prove that the employer was negligent — meaning they breached their legal duty to ensure safety. If the court accepts the claim, it may order the employer to pay damages exceeding those received from National Insurance.

Step 5: Settlement or Court Judgment

Typically, tort claims are resolved through a settlement between the parties — that is, the employer or their liability insurance company pays an agreed-upon sum to the injured party. If no settlement is reached, the case will proceed to trial, where a judge will determine compensation. A court judgment is generally final, though an appeal may be filed under certain circumstances.

Comparison Table: Tort Claim vs. National Insurance

Note: The table reflects general practice in Israel. Each case is unique, and the decision on claim strategy depends on specific circumstances, degree of disability, type of work, and available evidence.

What Happens If There Are Disagreements About the Degree of Disability?

One of the most challenging aspects of workplace injury claims is the assessment of the degree of disability. The National Insurance uses a statutory table that defines disability percentages according to the type of injury (limb loss, vision damage, hearing loss, etc.). However, typically, the National Insurance physician and the physician treating the injured party do not always agree on the disability percentage. In such a case, the injured party may file an appeal request to a medical appeal committee, which will re-examine the degree of disability and decide on final compensation. This committee is composed of independent physicians and has the authority to modify the National Insurance's decision.

The Medical Appeal Process

To appeal a National Insurance medical decision, the injured party must submit a written request to the National Insurance within 30 days of receiving the decision. The request must contain clear justification, an updated medical report from an independent physician, and all relevant evidence. The National Insurance will set a date for a hearing before the appeal committee. At the hearing, the injured party may appear with an attorney or their own physician, present evidence, and argue why the disability percentage should be higher. The committee will decide within a short timeframe (typically within weeks).

What are the rights of a work accident victim during the recovery period?

During the recovery period from the accident, the victim has several legal and social rights. First, they are entitled to full medical costs — examinations, treatments, medications, rehabilitation, and any treatment required for recovery. National Insurance typically covers all medical expenses related to the accident. Second, if the victim cannot work as a result of the accident, they are entitled to temporary compensation from National Insurance (usually up to 50% of average salary) until they can return to work. Third, if the accident resulted in permanent disability, the victim is entitled to a fixed monthly allowance or a one-time sum for the disability. Fourth, the law provides protection of employment — the employer cannot dismiss the employee because of the accident or the disability caused.

Practical Tips to Strengthen Your Claim

Anchor Medical Documentation

The foundation of any claim is strong medical documentation. Every doctor visit, examination, treatment, or diagnosis should be documented in writing. Keep all receipts, medical reports, X-rays, or test results. This is not only important for compensation, but also for evidence in case of appeal or tort litigation.

Witness Testimony

If there were witnesses to the accident, obtain their name, phone number, and address immediately. Witness testimony is very strong in court. Write a brief description of what they saw, and have them sign it if possible. This can be critical in proving the employer's negligence.

Photographs of the Accident Scene

If possible, photograph the accident scene — the equipment, working conditions, obstacles, or anything that caused the accident. These photographs are strong evidence in the claim. If you could not photograph immediately, return to the site later if possible.

Official Reports

Request an official report from your employer on the accident (National Insurance Form 101). This report is official evidence of the accident. If the employer refuses to provide a report, this itself is an important sign for your lawyer.

Record All Expenses

Keep all receipts for expenses related to the accident: medications, treatments, travel for examinations, physiotherapy treatment, etc. All these expenses can be covered in the claim.