Lawyers
Rights and claim due to occupational disease
As it’s called, an occupational disease is a disease in which he suffers due to his terms of employment. When this has affected the ability to work, an employee can receive a disability benefit from work. This is because his illness appears in the National Insurance regulations and the medical committee on his behalf determined that the employee suffers from at least 9% disability.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Occupational diseases - examples
The natural tendency is to think that any illness caused by working conditions will be recognized as an occupational disease by Social Security, but this is not the case. Receipt of a disability benefit from work due to an occupational disease requires that it appear in the closed list of conditions established by the National Insurance Institute in its regulations. Among the diseases recognized as occupational diseases are the following:
- Diseases of the joints, muscles and nervous system
- Various poisons such as chromium, lead, mercury, and phosphorus poisoning.
- Hearing impairment due to noise exposure, for example tinnitus phenomenon
- Various skin diseases
- Cancers such as skin or lung cancer
Disability benefit from work
An employee who has suffered from such an occupational disease is entitled to receive a disability benefit from work from the National Insurance Institute. This should compensate the employee for the loss of work capacity caused by the illness he contracted. To receive the compensation, the employee must file a rightful claim with the National Insurance Institute and appear before a medical committee to determine the percentage of his disability. If the committee determines that the degree of disability is between 0%-and 19%, the employee will be entitled to a one-time grant. If the degree of disability determined is 20% or more, the employee will be entitled to a monthly benefit. Disability percentages below 9% are not eligible for payment.
Support From a Lawyer is Essential
To increase the chance of the claim being accepted, it’s recommended to seek the help of a law firm that specializes in the field. The lawyer will ensure that the employee has all the documents necessary to prove his claim. He will formulate the claim and represent the employee before the medical committee. In this regard, it is essential to note that even if the employee has an illness that is not listed in the list of diseases, he may be able to file the claim in another route, such as microtrauma. Also, sometimes a cause of action arises against the employer. Therefore, it is imperative to get legal advice so that the employee can get the total compensation to which he is entitled from all the factors.
A lawsuit against the employer
In many cases of occupational disease, the employee has an additional cause of action, against the employer. This was when the employer did not provide proper working conditions and violated the duty of care imposed on him to prevent the risks at work. If he had done so, the employee’s situation would have been avoided. This claim can be filed whether or not the occupational disease of the employee is included in the list of conditions of the National Insurance Institute. Also, if the illness appears on the list, but Social Security has nevertheless rejected the employee’s claim, the employee’s lawsuit against the employer still stands because it is not dependent on the Social Security decision.
Were you injured due to your work?
We invite you to a free legal consultation during which a medical expert will examine the chances of your claim succeeding
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.
