Compensation due to a work accident
The occurrence of a work accident may put an employee who was injured during his work in a situation of inability to continue to engage in the field in which he worked and gained expertise, in some cases for a limited period and in some cases permanently.
Since it is likely that the source of the employee’s livelihood and even the livelihood of his family members are damaged due to his inability to work, it is possible for an employee who is injured during his work to receive compensation from several different insurance sources. For this purpose, it is recommended to hire a lawyer who specializes in work accidents
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What is a work accident?
A work accident is an event in which an employee is injured due to his work. The term incident that originates from work is a term that receives a broad interpretation so that it also applies in relation to an incident in which a person is injured outside the physical workplace in the event that he performed an action related to work. Additionally, for example, an incident in which a person is injured during the route of his arrival to work or from work back to his home could be a work accident.
How to report a work accident
The reporting of a work accident applies as an obligation for the employer and as a privilege for the employee. While the employer is required by law to report a work accident to the authorities for an accident that caused the employee more than 3 days of incapacity for work, a report of a work accident by the employee is required to be made to entities from which an allowance or compensation may be received. It is advisable to contact a labor law lawyer or a tort lawyer for more information.
The insurance systems that provide compensation to the injured employee
3 insurance systems may be relevant for a person who works as an employee. The first is National Insurance. This is insurance for which payment is mandatory, and in the case of a work accident, this obligation translates into social assistance for those who need it. You can get more information on this matter from a social security lawyer. The other two entities are the employee’s pension insurance as well as private work accident insurance.
Injury compensation following a work accident
The mechanism for receiving injury benefits is somewhat similar to the mechanism for paying unemployment benefits, since it provides an immediate but temporary financial solution for those injured in a work accident.
This is an allowance that is limited to a period of 13 weeks only and its amount is derived from the amount of the employee’s average salary before the accident. For more information, you can contact us: Mor & Co., a law firm – a work accident lawyer, a labor law lawyer in Jerusalem, and a tort lawyer.
The daily ceiling of the injury fee (updated to 01.01.2022) is approximately 1,141 NIS where the exact rate is 75% of the employee’s average daily salary, where the months according to which the average daily salary is determined are the 3 months of work that preceded the accident that led to the employee’s inability to come to work.
How are the method and amount of compensation determined in the event of a work accident?
When it comes to compensation from National Insurance, in addition to the injury fees that are paid temporarily, the injured employee can receive a disability allowance for a longer period of time. To that end, he must appear before a medical committee that will determine the degree of his disability. For more information about a medical committee, it is recommended to use a lawyer whose expertise is in the field of work accidents, social security claims, and/or labor claims.
Determining the amount of compensation in the case of pension or private insurance
When it comes to compensation originating from the pension insurance, the obligation imposed on the insured is usually proof based on references that the damage caused to his ability to work as a result of the work accident is at a rate of at least 25%, when the damage’s effect is for a period of time of more than 90 days. Information on the nature of the references can be obtained via a labor law attorney in Jerusalem.
Regarding private insurance, the conditions are determined according to the policy that the insured purchases. In both of these insurances, the amount of compensation is usually limited to a total of 75% of the average salary, this is within the framework of fixed monthly compensation. For information on the compensation options, it is advisable to contact a labor law lawyer, a tort lawyer or a social security lawyer.
Work accident claim process - what to do?
When it comes to compensation from National Insurance, it is necessary to undergo a medical committee and hand over any relevant medical documents to it. The victim is expected to be invited to appear before the committee, and after the discussion of his case, the committee will determine the rate of his disability. Following this, eligibility or non-eligibility for an allowance will be determined. This decision can be appealed to the Medical Appeals Committee of National Insurance.
The procedure with the pension fund is somewhat similar and also requires submitting a request supported by the set of references that the insured can present about his injury. Also, he must present references on termination of employment, utilization of sick days, and termination of employment if this actually takes place. It is advisable to consult with a labor law lawyer in Jerusalem, a social security lawyer and/or a tort lawyer.
Labor law lawyer - to utilize the right to compensation in an optimal way
A work accident carries with it the right to a full realization of a set of benefits and compensations to which the victim is entitled. However, in order to realize them ideally, it is advisable to contact a professional and experienced work accident lawyer.
Mor & Co., a law firm is the right address for anyone who wishes to make the best use of their right to compensation.
Have you been injured at work?
We invite you for legal advice to examine your right to receive compensation due to the accident
Having dealt with the complicated bureaucracy of the National Insurance process for many years, Mor & Co. understands the difficulties involved. With many years of experience and representation in all types of proceedings in the area of the National Insurance and the Labor Court, we are equipped with deep legal knowledge and many tools to assist our clients in any area in which they need representation.
Due to our deep understanding of the procedure of the various medical committees and our legal expertise, we are well positioned to provide better legal results than our competitors, as opposed to rights extraction companies who do not have the legal authority to represent their clients in medical committees. Our lawyer will accompany you to the medical committee and ensure the rules of proper law and natural justice are followed.
Our attorneys are authorized to represent you before the medical committees and the court. From the decision to file a claim to the preparation of the medical file, we are here to represent your interests and protect your rights throughout the process.
There are a number of lawyers in our office who specialize in various fields and see disability law and the National Insurance as being one of their missions. We can provide you with support in both Arabic and English to better understand your situation and provide you with professional assistance.
Don’t Face It Alone – Contact Us Today by phone 02-595-3322 or WhatsApp 050-441-1343 and we will be with you every step of the way.
