Work accident with eye injury in Ramat Gan

Eye Injury at Work — Understanding Your Legal Rights

A workplace accident resulting in eye injury is one of the most serious injuries a worker can suffer. The eyes are a sensitive and critical organ for performing daily activities and work, and any injury to them — whether it involves a foreign body penetration, chemical burn, exposure to intense light, or any other type of injury — can have long-term consequences on your quality of life.

As an injured party in a workplace accident affecting your eyes, you are entitled to full financial compensation. Compensation comes from multiple sources: the employer's liability insurance (employer liability), the employer's mandatory insurance, National Insurance (for loss of earning capacity), and in certain cases also from a direct civil claim against the employer based on negligence. Mandelboim, Gor, Witzman-Gor & Co., with over 18 years of experience in plaintiff representation exclusively in personal injury law, has established itself as a leading boutique firm specializing in bodily injury claims, including workplace eye injuries.

On this page, we will review this topic in depth: what you are entitled to, how compensation is calculated, what the first steps you should take are, and why it is important to consult with a specialized attorney as soon as possible.

Types of Eye Injuries at Work — What Constitutes an Accident?

Eye injury at work can occur in many different forms. Each can cause varying degrees of damage, but all of them — if they occurred in connection with work — constitute a workplace accident and entitle you to compensation:

• Foreign body penetration: A metal particle, glass, dust, or other material that enters the eye. This frequently occurs in construction, metalworking, welding, or other industries.
• Chemical burn: Exposure to chemical substances such as acids, bases, or solvents that splash or spill into the eyes. A chemical burn to the eyes can be very serious and cause vision loss.
• Thermal burn: Exposure to high heat, flames, or hot steam that damages the eyes and surrounding tissue.
• Traumatic injury: Direct blow to the eyes or surrounding area resulting from a fall, collision, or impact with an object.
• Exposure to intense light or radiation: Exposure to laser light, welding radiation, or sunlight at high intensity that damages the retina.
• Pressure injury: Injury resulting from high pressure or an explosion that affects the eyes.

Each of these injuries can have different consequences: from temporary blindness and eye pain, to partial or complete vision loss, permanent blindness, or damage to color vision and light adaptation. In all cases, you are entitled to compensation.

Sources of Compensation — Where Does the Money Come From?

When you are injured in a work accident with eye injury, you can file a claim and receive compensation from multiple sources simultaneously. Understanding these sources is essential for developing the correct claim strategy:

1. Employers' Liability Insurance

This is the primary and initial insurance. Every employer in Israel is required by law to purchase employers' liability insurance, which covers the employer's liability for injuries to their employees while performing work duties. The insurance covers bodily injury damages, loss of earning capacity, pain and suffering, and in some cases additional damages as well. In a claim against the insurance, you file a claim against the employer's insurance company, which will be liable for paying compensation up to the policy limit.

2. National Insurance

National Insurance covers every employee in Israel, regardless of the employer's private insurance. You are entitled to file a claim with the National Insurance for loss of earning capacity resulting from the accident. National Insurance will determine your disability percentage based on a medical examination and calculate compensation accordingly. This compensation is typically calculated as a percentage of your salary, and you can file a claim with National Insurance even if you have a claim against the employer's insurance — they are separate sources of compensation.

3. Direct Civil Claim Against the Employer

In addition to insurance, you can file a direct civil claim against the employer based on negligence. If it can be proven that the employer did not maintain adequate safety conditions, did not provide appropriate protective equipment, or did not properly instruct employees, you may be entitled to additional compensation beyond insurance. This includes compensation for pain and suffering, loss of earning capacity, and performance of daily activities.

4. Other Insurance (if applicable)

In some cases, there may be additional insurance related to work or the workplace, such as supplementary insurance above mandatory coverage. The Mandelbaum, Gor, and Witzman-Gor office will consider all available insurance and claim options for you.

How Compensation is Calculated — Ranges and Factors

The amount of compensation in a workplace accident involving eye injury depends on many factors. No two accidents are identical, and therefore each case is examined individually. Nevertheless, the main components of compensation can be understood as follows:

Components of Compensation

• Bodily Injury (Bodily Injury): This is compensation for the physical injury itself, including pain and suffering, reduction in quality of life, and any medical consequence of the injury.
• Loss of Earning Capacity: If the injury has reduced your ability to work or earn income, you are entitled to compensation for income lost or that will be lost in the future.
• Medical Expenses: Any medical expense related to treating the injury — examinations, medications, surgeries, rehabilitation treatments — is entitled to full compensation.
• Additional Damages: In serious cases, there may be compensation for the need for assistance in performing daily activities, medical transportation, or home improvements for medical purposes.

Factors Affecting the Compensation Amount

Several factors influence the final compensation amount:

• Severity of the Injury: A minor eye injury (such as a particle embedded that is easily removed) will result in lower compensation than partial or complete loss of vision.
• Age of the Injured Party: A younger injured party, still at the peak of their working years, may receive higher compensation for loss of earning capacity.
• Salary Prior to the Accident: Compensation for loss of earning capacity is calculated according to the salary the injured party earned before the accident.
• Degree of Employer Responsibility: If negligence or failure to maintain safety by employers can be proven, this may increase the compensation.
• Percentage of Disability Determined by National Insurance: A medical committee of the National Insurance will determine your disability percentage, which will directly affect the compensation.

Comparative Table — Typical Eye Injury Scenarios

Below is a table presenting various scenarios of eye injuries at work, with general estimates of compensation ranges. It is important to remember that these are general ranges only, and each case is examined individually according to its specific circumstances:

Important Note: This table presents estimated ranges only based on typical cases. The actual compensation amount depends on the specific circumstances of each case, including the age of the injured party, salary, disability percentage determined by National Insurance, and the degree of employer liability. Each case is examined individually.

In addition to these ranges, it is important to remember that compensation in a claim against employer's liability insurance may be higher than compensation from National Insurance alone, especially if employer negligence can be proven.

Why Choose Mandelbums, Gor, Witzman-Gor & Co. for a Work Accident with Eye Injury

Selecting a lawyer specializing in tort law is a critical decision that can significantly impact the compensation amount you receive. Mandelbums, Gor, Witzman-Gor & Co. offers several unique advantages:

• Over 18 years of experience: A boutique law firm specializing in tort law since 2008, with deep expertise in work accidents, traffic accidents, public negligence, and national insurance.
• Representation of claimants only: Unlike firms representing both insurers and injured parties, we represent claimants only — meaning our interest is precisely aligned with yours, with no conflict of interest.
• Personal and dedicated approach: As a family boutique firm, we provide personal attention to each case, not just a number on a conveyor belt.
• Free initial consultation: We offer an initial legal consultation at no charge, so you can understand your options without any obligation.
• Contingency fee basis: We typically work on a contingency fee arrangement, meaning you pay only if we win your claim or reach a settlement.
• Deep knowledge of law and national insurance: We understand the nuances of work accident procedure law, national insurance, and employer's liability insurance.
• Relationships with medical experts: We work with medical specialists in the field (including expert ophthalmologists) to prove the severity of injury and support your claim.

In a work accident involving eye injury, the stakes in the claim are significant, and legal nuances can substantially affect the outcome. We are here to ensure you receive the full compensation you deserve.