Lawyer for loss of working capacity / Social Security
On work injury and recognition of Microtrauma Theory
Microtrauma is a type of work accident caused by repetitive actions that activate/aggravate a certain area of the body. These caused minor damages eventually accumulate into significant damage.
In this situation, an employee may be entitled to receive compensation from National Insurance for a work injury.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Is Microtrauma?
Since time immemorial, employees have been able to receive financial compensation due to work accidents/occupational diseases. These constitute accidental events that can be pointed out as being caused by the working conditions. However, there is another type of injury that does not meet these definitions – microtrauma: repeated actions that the employee is required to do due to his work, which causes minimal damage to a specific organ or area of the body due to the repetitiveness. Over time, these small injuries build up into cumulative damage that causes damage to the ability to work. The recognition of microtrauma began with the Labor Court and then the National Insurance recognized this injury as compensable. Today, therefore, employees who suffer from this injury can file a claim for disability benefits from work, similar to those injured in a work accident or occupational disease.
examples
Microtrauma can occur in many jobs of different types. so,For example, a cook in a restaurant or hotel who performs peeling and cutting operations for continuous hours and suffers damage to his wrist. Such an injury is also very common among computer workers such as typists and transcribers. Another example is heavy machinery operators, drivers, and transporters who have suffered back damage or knee damage due to repetitive actions at work and there are many other examples. It should be emphasized that microtrauma can be a new injury or the worsening of an existing medical condition, however, an injury that can be defined as an occupational disease will not be recognized as microtrauma.
Disability benefit from work
Any employee who suffers from microtrauma that has affected his ability to work, can and will be entitled to receive injury benefits and disability from work benefits from National Insurance. Injury benefits are paid to the employee for a maximum of 90 days. When after this period, the employee is left with a disability from the injury, he can file a claim to receive disability benefits from work. To this end, the employee will be invited to a medical committee that will examine his condition and determine whether there is a disability and, if so, to what degree. Accordingly, the employee will receive financial compensation in the form of a one-time grant or a monthly allowance. A degree of permanent disability at a rate of 9-20 percent will entitle the employee to a one-time grant. Above 20% the employee will be entitled to a monthly allowance. As long as a disability of 9% or higher is determined, the employee will be entitled to a monthly allowance. However, this arrangement will be re-examined at the end of the period.
Proof of Microtrauma
There are three elements to proving microtrauma: identical repetitive movements that activate/are relevant to the same organ or area of the body, cumulative and actual damage, and lastly, a causal link between the repetitive actions and the damage suffered by the employee. In this regard, we note that there is no obligation to prove that each movement caused minor damage, but it must be shown that the accumulation of injuries has crystallized into significant physical damage. The proof of the injury will be based on medical documents. These documents will be reviewed by the medical committee which will determine whether there is a disability, and if so, to what extent.
Support From a Lawyer is Essential
An employee affected by microtrauma can be entitled to compensation from the National Insurance Institute. As mentioned above, he can file a claim for injury compensation and then for work disability benefits. However, it is important to understand that meeting the burden of proving the injury is not a simple matter and therefore it is recommended that the employee seek professional legal representation from a lawyer specializing in this field. The lawyer will examine the medical documents in the employee’s possession and direct him to perform various tests as needed, represent him in the medical committee, and work to exercise his full rights from the National Insurance as a work casualty.
We invite you to a legal consultation meeting during which your eligibility for financial compensation will be examined with the National Insurance.
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.
