Work accident – employee rights, a claim to National Insurance and how to receive full compensation?

1. Definition of a work accident – When is an accident considered a work accident??

1.1 The legal definition

according to חוק הביטוח לאומי [נוסח משולב], התשנ”ה-1995, Work accident Defined as:

“תאונה שארעה לעובד While וheel עבודתו”

Both conditions We must coexist.:

1. “תוך כדי” – The accident occurred During working hours and at the workplace (or the place where the employee is in the course of his work).

2. “עקב” – Yes Causal relationship Between work and the accident (the accident was caused by work activity).

1.2 Examples of situations that are considered a work accident

✅ Construction worker falls from scaffolding (Classic example)
✅ Warehouse worker injured by falling crate
✅ Truck driver involved in car accident during delivery
✅ Secretary slips on wet office floor
✅ Cook burned by boiling oil in restaurant kitchen
✅ Worker injured by machine at factory
✅ Police officer injured during arrest
✅ **Injured worker During lunch break In the work area (this also counts!)
✅ An employee was injured on an organized company trip. (in some cases)

1.3 Examples of situations that are not considered a work accident

❌ An employee was injured at home while on vacation.
❌ Employee injured in gym after work (Unless it is part of company policy)
❌ An employee is hurt by personal jealousy with another employee (Not work related)
❌ An employee was injured while deviating from a work assignment. (Do private matters)

1.4 Limit states – Is this a work accident??

1.4.1 Lunch break

question: An employee went out on his lunch break to eat falafel on the nearby street, slipped and fell. Is this an occupational accident?

answer: Depends where:

• If it fell At the work site itself (For example, in the company cafeteria) → Yes, a work accident.
• If it came out Outside the work site And the accident happened at an outdoor restaurant → Not a work accident (Unless the employer sent him to bring food)

verdict: עו”ד ציון נגד המוסד לביטוח לאומי

The court ruled:

“הפסקת צהריים המותרת על פי דין היא Part of the workday. The injured employee In the workplace area בזמן הפסקה זכאי להכרה כתאונת עבודה.”

1.4.2 Company party

question: An employee was injured at the company's Purim party. Is this a work accident?

answer: yes, if:

• The party Organized by the employer
• took place During working hours Or the workers They were required to arrive.
• The employer Encourage participation

verdict: Someone against National Insurance 

Employee injured while dancing at company Purim party. National Insurance dismissed the claim. Court Received The appeal:

“מסיבה המאורגנת על ידי המעסיק בשעות העבודה היא Work activity For all intents and purposes, the employee did not go out for his own personal pleasure – he was participating in a social event. On behalf of the employer.”

1.4.3 Sports at work

question: A high-tech company provides its employees with a gym in the building. An employee is injured while working out. A work accident?

answer: dependent:

• if The employer encouraged Use (during working hours, as part of company culture) → Probably yes.
• If this Personal initiative After work hours → Probably not.

In practice, these cases are examined According to circumstances.

1.5 Unreported accident – Is this still a work accident??

yes! Even if you didn't report it immediately, the accident is still a work accident.

but: The more time passes, It will be more difficult to prove The connection to work.

recommendation: Report immediately (See Section 10).

2. The legal basis – Laws and regulations

2.1 חוק הביטוח לאומי [נוסח משולב], התשנ”ה-1995

National Insurance Law It is the main law that determines the rights from National Insurance:

Key sections:

• Article 77-82: Definition of work accident and occupational disease
• Article 83-92: Injury fee (paid during the first period)
• Article 104-114: Disability pension (long-term payment)
• Article 115-124: Injury grant (lump sum payment)
• Article 125-134: Benefits to the family in the event of death

2.2 פקודת הנזיקין [נוסח חדש], התשכ”ח-1968

Torts Ordinance allows you to claim The employer In addition to National Insurance:

Article 36: רשלנות – “אדם חייב בנזק שגרם בו לזולתו ברשלנות.”

Article 40: nuisance

Article 83: אחריות שילוחית – “מעביד אחראי לנזק שגרם עובדו תוך כדי עבודתו.”

2.3 חוק הבטיחות בעבודה, התשי”ד-1954

Occupational Safety Law Imposes on the employer Specific safety obligations:

• Article 3: “מעסיק חייב לנקוט כל אמצעי זהירות הדרוש To prevent work accidents.”
• Article 10: Mandatory appointment of a safety officer
• Article 13: Employee training obligation

importance: Violation of the safety law is Conclusive evidence of negligence In a lawsuit against the employer.

2.4 תקנות הבטיחות בעבודה (עבודות בניה), התשמ”ח-1988

Safety regulations in construction work Establish specific requirements:

• Scaffolding: Integrity, anchoring, railings
• Cranes: Periodic inspections
• Excavations: Reinforcement of walls
• Working at height: Safety harnesses, nets

2.5 חוק שעות עבודה ומנוחה, התשי”א-1951

Working Hours and Rest Law קובע את משך יום העבודה והפסקות – רלוונטי לקביעת “תוך כדי עבודה”.

2.6 חוק פיצויי פיטורים, התשכ”ג-1963

Severance Pay Law lineInjured worker Cannot be fired Because of the injury (except in exceptional circumstances).

3. The three compensation tracks

This is the most important section in the article!

Most employees They don't know Compensation can be received fromMultiple sources at the same time. Here are the routes:

3.1 Route 1: National Insurance

essence: Payments Required by law From the National Insurance Institute.

Who is eligible?: Every employee (It doesn't matter if the employee is permanent, temporary, or part-time).

Types of rights:

1. Injury compensation (During the first 90 days)
2. Disability pension (If disability remains above 9%)
3. Injury grant (One-time payment)
4. Vocational rehabilitation
5. Death rewards (To the family in case of death)

Is it full?? not! Compensation from National Insurance Partial And they don't cover the full damage.

3.2 Route 2: Tort claim against the employer

essence: Claim Civilian to court against the employer for negligence.

Who is eligible?: An employee whose employer Breached duty of care (For example, did not provide protective equipment, did not instruct, improper scaffolding).

Types of compensation:

1. Pain and suffering
2. Loss of earnings (Past and future)
3. Medical expenses (not covered by National Insurance)
4. aggravation
5. Special expenses (שיפוצים בבית, ציוד מתאים לנכה וכו’)

important: The claim is In addition For National Insurance benefits!

3.3 Route 3: Executive Insurance / Pension Fund

essence: Rewards fromPension Fund or Executive insurance that the employer set aside for the employee.

Who is eligible?: Employees whose employer has retired them for retirement/executive insurance.

Types of rights:

1. Disability pension Pension Fund
2. One-time compensation (According to the policy)
3. Supplementary medical coverage

This is also added! Compensation can be received from all three routes. in parallel.

3.4 Comparison table

Key message: Don't give up on any of the routes!

4. National Insurance Entitlements – The complete guide

4.1 Injury compensation – Initial payment

What is it?? payment daily For the days the employee cannot work due to the injury.

period: First 90 days From the date of the injury (or until return to work – whichever comes first).

Payment amount:

• 75% of the average daily wage of the employee in the 3 months prior to the accident
• Maximum ceiling: Approximately 1,700 NIS per day (as of 2026)

example:

Average monthly salary: 12,000 ₪ Daily salary: 12,000 / 30 = 400 ₪ Injury benefits per day: 400 × 75% = 300 ₪ If the employee did not work 60 days → Total: 60 × 300 = 18,000 ₪

Starting from when?? From the second day of incapacity for work (first day unpaid).

Required documentation:

✅ Claim Form 250 (Work accident report)
✅ Doctor's approval About incapacity for work
✅ Payslips From the last 3 months

4.2 Disability pension – Long-term payment

What is it?? payment Monthly fixed For the employee who is left with Permanent disability Or temporarily.

Eligibility: Only if Degree of disability (determined by a National Insurance Medical Committee) is 9% and above.

Amount of the allowance: Depends on:

1. Disability percentages
2. Age of the victim
3. Employee's salary In the 12 months prior to the accident

General formula:

Monthly pension = (average salary × disability percentage × age coefficient) ÷ 100

example:

Average salary: 10,000 NIS Disability percentage: 30% Age coefficient (35 years): 1.2 Monthly pension = (10,000 × 30 × 1.2) ÷ 100 = 3,600 NIS per month

Total disability (100%): Maximum payment of approx.17,000 NIS per month (Depends on salary).

For how long??

• Temporary disability: Until recovery (up to 2 years, with the possibility of extension)
• Permanent disability: For life (or until retirement age, depending on the circumstances)

4.3 Injury grant – One-time payment

What is it?? payment Disposable Instead of a monthly allowance, in some cases.

Eligibility:

• Disability of 9%-19% (Usually you receive a grant, not an allowance)
• Or: the employee Chooses In a grant instead of a pension (if the disability is 20%-74%)

Grant amount: Depends on disability percentage and age.

example:

Disability percentage: 15% Age: 40 Average salary: 10,000 NIS Grant (estimated): approximately 180,000 NIS

Should you choose a grant or an annuity??

A grant is worth it if:

• Low handicap (below 20%)
• You are young and want to invest your money.
• Do you have a business/investment plan?

Is it worth a pension if:

• High handicap (over 50%)
• You are older and prefer a steady income.
• Fear of financial management

4.4 Vocational rehabilitation

What is it?? Program Professional training To the employee who, because of the injury Can't go back To his original profession.

Eligibility: Worker with disability above 10% Who needs new training.

What does it include??

✅ Professional studies (Funded by National Insurance)
✅ Rehabilitation allowance During studies (approximately 5,000 NIS per month)
✅ Training and support Back to the job market

example: A construction worker who injured his back and cannot continue physical work → National Insurance funds accounting studies.

4.5 Death rewards – For the family in the event of death

Eligibility: Widow/widower, orphans, dependent parents – in the event thatThe employee passed away. From a work accident.

Types of rewards:

1. Survivors' pension for a widow/widower: Approximately 40%-60% from salary (for life or until marriage)
2. Orphan's allowance: Approximately 20% per child (until age 18 or graduation)
3. Funeral grant: Approximately 15,000 NIS
4. One-time survivor's grant: Varies according to circumstances

example:

Deceased's salary: 15,000 NIS Widow + 2 children: - Survivor's pension for widow: 9,000 NIS per month - Orphan's pension for each child: 3,000 NIS per month Total: 15,000 NIS per month

5. Tort claim against the employer – The supplementary compensation

5.1 When can you sue your employer??

Basic principleA claim against the employer is possible if: You have proven negligence..

What is employer negligence??

Negligence = Breach of duty of care that applies to the employer towards his employees.

Examples of negligence:

✅ Failure to provide protective equipment: Not provided helmet, safety harness, safety shoes
✅ Improper scaffolding: Scaffolding did not meet standards, without railings
✅ Dangerous machine: Machine without protective cover, without emergency button
✅ Lack of guidance: Did not instruct the employee on how to use dangerous equipment
✅ Overload: Forced the employee to work too many hours to the point of exhaustion
✅ Poor lighting: Working in a dangerous area without adequate lighting

5.2 Burden of proof

About whom? About the employee (plaintiff) prove:

1. The employer owes a duty of care
2. The employer breached the duty (negligence)
3. Damage caused
4. There is a causal link between the negligence and the damage.

butIn cases where the employer: Violate a specific law (such as the Occupational Safety Law or regulations) – the proof Easier.

5.3 verdict: Golan vs. Africa-Israel Construction Company 

Facts:

• A construction worker fell from scaffolding 12 meters high.
• The scaffolding did not meet the standard (no railings, no anchoring)
• The employer did not provide a safety harness
• The employee is left paralyzed from the waist down (disability 100%)

The verdict (Tel Aviv District Court, 2013):

“המעסיק Blatantly violated The Occupational Safety Law and the Construction Safety Regulations. Violation of these regulations is Negligence per se (Negligence Per Se). המעסיק חייב בפיצוי מלא.”

The compensation awarded: 4.2 million NIS (!) + legal costs.

The compensation included:

• Pain and suffering: 800,000 ₪
• Loss of earnings: 2,500,000 ₪
• Future expenses (medical treatment, home renovation): 900,000 NIS

5.4 verdict: Cohen vs. Sharon Metals Factory 

Facts:

• Metallurgical plant worker loses 3 fingers in milling machine
• The machine was not equipped withProtective cover (contrary to regulations)
• The employer did not instruct the employee on how to use the machine safely.

The verdict:

“המעסיק ידע על הסכנה (דווח על מקרים קודמים) ולא פעל. זו Gross negligence.”

The compensation: 680,000 ₪

• Pain and suffering: 250,000 ₪
• Loss of income: 350,000 NIS
• Aesthetic and psychological damage: 80,000 NIS

5.5 Vicarious liability – When is the employer also liable for the actions of another employee??

Torts Ordinance Determines:

“מעביד אחראי לנזק שגרם עובדו While working.”

example:

עובד א’ הפעיל מנוף ברשלנות → עובד ב’ נפגע.
The result: The employer responsible לנזק שנגרם לעובד ב’, גם אם המעסיק עצמו לא פעל ברשלנות.

verdict: Levy vs. Danya Cebus Construction Company 

A worker was injured when another crane operator (an employee of the same employer) lowered a concrete slab onto him.

The court ordered the employer to:

“המעסיק נושא בVicarious liability לפעולות עובדיו. לא ניתן לטעון ‘זה לא אני, זה העובד השני’.”

5.6 Deduction for National Insurance benefits

Important question: If I have already received money from National Insurance, is it deducted from the claim against the employer?

answer: Yes!

National Insurance Law States:

“זכויות מביטוח לאומי They will compensate. מפיצויים שנפסקו בתביעה נזיקית.”

The meaning: You cannot accept also From National Insurance also From the employer – Without offset.

5.7 The statute of limitations

How long does it take to file a claim??

7 years From the date of the accident (Section 6 of the Statute of Limitations).

but: Recommended Don't wait. – As time goes by, it becomes more difficult to collect evidence.

6. Accident on the way to/from work

6.1 The legal definition

Car accident on the way to work It is an accident that happened:

• In a direct and clear way From home to work or from work to home
• Within an hour From the end or beginning of the work (usually)

National Insurance Law States:

“תאונת דרכים בדרך לעבודה או ממנה Will be considered an occupational accident.”

6.2 “הדרך הסבירה” – מה זה אומר?

Yes, it counts.:

✅ The direct route from home to work
✅ Slight deviation (gas station, kindergarten on the way)
✅ Travel by public transportation/private vehicle

Not considered:

❌ Significant deviation (I went shopping, to a restaurant)
❌ Long delay (I was stopped for two hours at a friend's place)

Guiding verdict: Cohen vs. the National Insurance Institute 

An employee was injured in a car accident while driving home from work, but Stopped on the way to buy bread. National Insurance claimed that it was not a work accident.

The court fix:

“סטייה קלה ומקובלת Does not deny את האופי של ‘דרך לעבודה’. עצירה בן 5 דקות בחנות לצורך קניית מצרכי יסוד היא Reasonable ואינה יוצאת מהמסגרת.”

6.3 Accident on the way to work – The rights

The same rights As in a normal work accident:

1. Injury compensation
2. Disability pension
3. Injury grant
4. Vocational rehabilitation

butIn addition, if it is aCar accident, there is also Additional rights:

• Compulsory insurance of the vehicle that hit
• Compensation Fund for Road Accident Victims (If the driver fled/is uninsured)

6.4 Car accident while working

different! If you are Professional driver (truck, taxi, deliveries) or passengers On a work assignment:

this A typical work accident (לא רק “בדרך לעבודה”).

verdict: David vs. Super-Pharm Delivery Company 

A truck driver for a shipping company was involved in a serious car accident while making a delivery. He was left with a 50% disability.

The court ruled:

“נהג מקצועי שנפגע בזמן משימת עבודה זכאי they For National Insurance benefits And they לתביעה נזיקית נגד המעסיק, אם הוכח שהמעסיק הפר חובות בטיחות (למשל, לא תחזק את הרכב כראוי).”

The compensation: 1.8 million NIS.

7. Common cases of work accidents

7.1 Fall from a height (building, scaffolding, ladder)

The most common In the construction industry.

Common reasons:

• Improper scaffolding/no railings
• A rickety ladder
• Lack of safety harness
• Lack of safety net

Typical injuries:

• Spinal fractures
• Pelvic and limb fractures
• Head/brain injury

statistics: About 30% of the serious work accidents They are a fall from a height.

verdict: Moshe vs. Shikun Ovdim Construction Company 

A worker fell from scaffolding 15 meters high. He was left paralyzed.

The compensation: 5.1 million NIS – the highest compensation awarded in Israel in a construction accident.

7.2 Machine damage (factories, factories)

Examples:

• Milling machine cut fingers
• Electric saw
• Pressure press
• Printing machine

Common reasons:

• Machine without protective cover
• Lack of emergency button
• Lack of guidance

Typical injuries:

• Finger/hand amputation
• Burns
• Limb crush

verdict: Avraham vs. Polgat Textile Factory 

A worker lost his left hand on a spinning machine that was not equipped with a protective cover.

The compensation: 1.2 million NIS.

7.3 Burns (restaurants, kitchens, factories)

Examples:

• Spilling boiling oil
• Gas explosion
• Contact with hot surfaces

Typical injuries:

• 2nd-3rd degree burns
• Permanent scars

verdict: רחל נגד מסעדת מג’יק פאלאס 

A cook was severely burned when a pot of boiling oil tipped over her because Wet and slippery floor That the employer did not take care of her.

The compensation: 520,000 NIS.

7.4 Back/shoulder injury (lifting heavy loads)

Especially common in:

• Warehouse workers
• Construction workers
• Nurses (lifting patients)

Typical injuries:

• Herniated disc
• Cartilage tear
• Shoulder injury

verdict: Yossi vs. a logistics shipping company 

עובד מחסן נאלץ להרים קרטונים של 40 ק”ג Without auxiliary equipment (Forklift). Spinal cord injury.

The compensation: 380,000 NIS.

7.5 Electric shock

Examples:

• Working on an undisconnected electrical panel
• Exposed cables
• Ungrounded equipment

Typical injuries:

• Electrical burns
• Heart damage
• Neurological injury

verdict: David vs. Subcontractor Electric Company 

An electrician was electrocuted by an electrical panel that was not disconnected. He was left with permanent damage to his hand.

The compensation: 450,000 NIS.

7.6 Car accident while working (Drivers, couriers)

Common in:

• Truck drivers
• Delivery couriers
• Sales representatives

Typical injuries:

• All types of car accident injuries

verdict: Moshe vs. FedEx Delivery Company 

A courier was injured in a car accident while driving to make a delivery. The employer did not maintain the vehicle properly (damaged brakes).

The compensation: 920,000 NIS.

8. How to prove a work accident?

8.1 Burden of proof

About the employee prove:

1. The accident did happen.
2. During work (while)
3. Because of work (heel)
4. Damage caused

8.2 Essential means of proof

8.2.1 Immediate reporting

Most importantly! Report immediately To the employer about the accident.

How to report?

✅ In writing (email, letter)
✅ Mentioned: Date, time, place, precise description of the accident
✅ Save a copy of the report

Why is this important??
If you only report Weeks after, The employer/Social Security will claim that the accident did not occur at work.

8.2.2 Medical records

duty: Contact immediately For medical treatment.

✅ sorting (Even if the injury seems minor)
✅ Tell the doctor This is a work accident.
✅ Save: Discharge letters, medical certificates, test results

why? No medical documentation close to the time of the accident, It is very difficult to prove that the injury is work-related.

8.2.3 Witnesses

Eyewitnesses For an accident:

• Other employees who saw
• Managers
• Contractors/suppliers who were on site

important: Accept Contact information Theirs right away!

8.2.4 Photographs and documentation of the accident scene

Take a photo:

✅ the exact place Where the accident occurred
✅ Damaged equipment (Broken scaffolding, machine without a guard)
✅ Lack of safety equipment
✅ environment General

tip: Also took pictures video short.

8.2.5 Security cameras

Demanded From the employer Save the recordings The security cameras!

Sent registered letter Immediately after the accident:

“הנדון: דרישה לשמירת קלטות מצלמות אבטחה

I, [name], an employee at your workplace, was injured on [date] in a work accident. I demand that you keep my All security camera recordings from the date of the incident between the hours of [hours]. The deletion of these tapes may constitute Destruction of evidence.”

8.2.6 Form 250 – Reporting a work accident to National Insurance

Obligation on the employer fill Form 250 and submit to National Insurance Within 3 days.

but: The employer doesn't always do this!

If the employer does not report → You need to report it yourself.:

• Filing a claim for Social Security benefits – Form 250
• Can also be submitted Online Through personal area

8.2.7 Expert opinion

In complex cases:

• Safety expert: Will assess whether the employer violated safety regulations
• engineer: Will check for a defect in the scaffold/machine
• Specialist doctor: Will determine disability and medical damages

9. Court rulings – Guiding precedents

9.1 עזבון המנוח משה לוי ז”ל נגד חברת חשמל

Facts:

Electrician of the electric company Electrocuted to death While working on a power pole, the employer did not provide appropriate protective equipment or provide proper instruction.

Supreme Court ruling (Judge Barak, 1999):

“חובת הזהירות של מעסיק כלפי עובדיו היא Increased Especially when it comes to dangerous work. The employer Can't rely on על ‘ניסיון העובד’ – עליו Make sure שניתנו כל אמצעי הזהירות.”

Compensation for the estate: 2.8 million NIS (in 1999 terms – a huge sum).

The importance of precedent: established the principle thatIncreased employer liability In dangerous jobs.

9.2 David Cohen vs. Solel Boneh Construction Company

Facts:

A construction worker fell from scaffolding and was left paralyzed. The employer claimed that the worker Act negligently (Did not use the safety harness provided to him).

The verdict:

“גם אם העובד תרם לתאונה, Main responsibility It is the employer's fault for not supervising and ensuring the use of safety equipment. Active supervision הוא חלק מחובת הזהירות.”

The compensation: 3.5 million NIS (employer's liability: 70%, employee's liability: 30%).

importance: Even if the employee contributed, the employer still bears most of the responsibility.

9.3 Moshe Avraham vs. King David Hotel

Facts:

Kitchen worker at King Dade Hotel Slipped on a wet floor And fell. Broke a hip.

המלון טען: “זו תאונה רגילה, לא רשלנות.”

The verdict:

“מעסיק חייב לנקוט צעדים למניעת Slippery floor in the kitchen. The lack of anti-slip rubber mats, failure to immediately wipe a wet floor, and the lack of Warning signs – מהווים רשלנות.”

The compensation: 290,000 NIS.

importance: גם תאונה “רגילה” כמו החלקה יכולה להיות רשלנות אם המעסיק לא נקט צעדי מניעה.

9.4 Rachel Levy vs. Dekel Cleaning Company

Facts:

Cleaning lady Was injured in the back from lifting heavy buckets. The employer did not provide wagon or auxiliary equipment.

The verdict:

“מעסיק שמחייב עובדים להרים משקלים כבדים Must provide auxiliary equipment. Failure to provide equipment is Violation of ergonomics regulations ומהווה רשלנות.”

The compensation: 420,000 NIS.

9.5 Yossi David vs. the Ministry of Defense

Facts:

Civil servant In a military factory (Ministry of Defense), he was injured by a machine. National Insurance paid injury benefits. The employee sued the Ministry of Defense.

משרד הביטחון טען: “אנחנו המדינה – יש לנו immunity.”

Supreme Court ruling:

“There is no state immunity. In workers' compensation claims. The Civil Torts (State Liability) Law applies to the state. The same duties כמו על מעסיק פרטי.”

The compensation: 1.1 million NIS.

importance: The state cannot evade responsibility as an employer.

10. Practical steps immediately after the accident – Step-by-step guide

Step 1: Instant (0-60 minutes)

✅ Get medical treatment – Call Magen David Adom (101)
✅ Report to employer/manager – Orally, immediately
✅ Photograph the place. (If possible) – phone, camera
✅ Collect names of witnesses – Employees who saw the accident

Step 2: On the same day

✅ Emergency room/hospital – Even if it seems easy
✅ Tell the doctor That this is a work accident (it is important that it is recorded!)
✅ Report in writing to the employer – Email/letter with all the details
✅ Demanded the maintenance of security cameras – Registered letter

Step 3: Within 3 days

✅ Make sure the employer has filed Form 250 National Insurance
✅ if not – Submit yourself (On the National Insurance website)
✅ Take a picture again. The location of the accident (various conditions, lighting)
✅ Keep every receipt. – Medications, travel, treatments

Step 4: Within a week

✅ Meeting with a lawyer – InHalevi Law Firm in Jerusalem
✅ Collect documentation: Payslips, employment contract, medical records
✅ Keep an injury diary.: Daily pain, treatments, impact on daily life

Step 5: Within a month

✅ Continuous medical monitoring – Every visit, document it.
✅ Starting a process at National Insurance – Submitting all required documents
✅ Checking pension/executive insurance rights

Step 6: Within 3 months

✅ Initial disability assessment – National Insurance Medical Committee
✅ Decision on a tort claim – Is there employer negligence?
✅ Preparing a claim (if applicable)

11. Common mistakes that could cost you compensation

❌ Error 1: Not reporting the accident immediately

The problem: Late reporting makes it difficult to prove that the accident occurred at work.

The solution: Report On the same day – Both orally and in writing.

❌ Error 2: Do not seek immediate medical attention.

The problem: National Insurance/the employer will claim that the injury is not serious.

The solution: Contact immediately To the doctor – even if it seems easy.

❌ Error 3: לחתום על “ויתור” או “פשרה” ללא ייעוץ משפטי

The problem: Many employers try to get an employee to sign a waiver for a small amount.

The solution: Don't sign anything. Before consulting with a lawyer!

❌ Mistake 4: Assuming that National Insurance will take care of everything

The problem: National Insurance provides compensation partial only.

The solutionAlso check: Tort claim וPension rights.

❌ Error 5: Not documenting the scene of the accident

The problem: Without documentation, it is difficult to prove what the situation was.

The solution: Take a picture immediately – Photos, video, from all angles.

❌ Error 6: לוותר על תביעה בגלל “תרומת עובד”

The problem: עובדים חושבים “גם אני אשם, אז אין טעם לתבוע”.

The solution: Even if you donated, are still entitled to partial compensation (see contributory negligence).

❌ Error 7: Waiting too long to file a claim

The problem: Evidence disappears, witnesses forget, employer deletes tapes.

The solution: Start a process immediately – Don't wait months.

12. Frequently Asked Questions 

Question 1: I was injured at work. Can my employer fire me??

answer: not! (in most cases)

Severance Pay Law Prohibits Dismissal of an injured employee:

“לא יפוטר עובד Due to illness or injury שאינה מונעת ממנו לעבוד באופן קבוע.”

meaning:

• If you are In recovery And get back to work → It is forbidden to fire.
• If the disability Easy And does not prevent work → It is forbidden to fire.

exceptional: If the disability So serious that you are Can't go back In general → The employer may dismiss, but Must pay full severance pay + Any other right.

verdict: Cohen vs. Electra 

Peter employs an employee who injured his back in a work accident, about two weeks after the accident.

The court ruled:

“הפיטורים הם Void. The employee is entitled to Return to work or receive Double compensation (פיצויי פיטורים + פיצוי בגין פיטורים שלא כדין).”

The compensation: 180,000 NIS severance pay + 120,000 NIS additional compensation.

Question 2: How long does it take to receive money from National Insurance??

answer:

Injury compensation: 2-6 weeks From filing the claim (if all documents are in order).

Disability pension: 3-12 months – Depends on the summons to the medical committee and the complexity of the case.

Appealing a National Insurance decision: One or two years Until a verdict.

Question 3: National Insurance said my disability level is only 5% – what do we do??

answer: Appeal!

Do you have Right of appeal About the National Insurance decision:

Step 1: Administrative appeal within 90 days (To the Medical Appeals Committee)

Step 2: Appeal to the Labour Court within 12 months (If the administrative appeal is rejected)

important: Most appeals are successful. Increase the disability percentage!

tip: Use theExpert lawyer + Private doctor's opinion.

Question 4: Can I also sue the contractor (and not just my direct employer)??

answer: yes! In many cases.

example:

You work for Subsidiary (subcontractor), but you were injured because Negligence of the main contractor.

Legal solution: Claimants Both of them – The main contractor and the direct employer.

verdict: So-and-so vs. Africa-Israel and S.A. Construction Company

A subcontractor worker was injured at a construction site. Sue Both of them.

The court ruled:

“הקבלן הראשי נושא With full responsibility לבטיחות באתר, גם כלפי עובדים של קבלני משנה.”

The compensation was distributed: Main contractor 60%, subcontractor 40%.

Question 5: Do I need a lawyer or can I handle the lawsuit myself??

answer:

National Insurance (injury benefits, disability pension): Yes By yourselves In simple cases.

but: If there is appeal or Complication – Highly recommended lawyer.

For a tort claim against the employer: duty Experienced lawyer! (This is a complex case)

statistics: workers With a lawyer Receive on average Compensation 2-3 times higher Workers without representation.

Question 6: How long does it take to file a lawsuit against an employer??

answer: 7 years From the date of the accident.

but: Recommended Don't wait. – As time goes by:

❌ Evidence disappears
❌ Witnesses forget
❌ It is more difficult to prove a causal relationship

recommendation: Start a process Within months (Not years).

Question 7: I received compensation from National Insurance. Is this deducted from the claim against the employer??

answer: not! (In most cases – see section 5.6)

You can get also From National Insurance also From the employer.

exceptionalSpecific expenses (such as medical treatment) that have already been paid for by National Insurance will not be doubled.

Question 8: נפגעתי אבל אני עובד לא רשום (“שחור”). האם יש לי זכויות?

answer: yes! Even an unregistered worker is entitled to rights.

National Insurance: The employer must Pay Social Security benefits (including fines).

Tort claim: yes, You can sue the employer (even if you were not registered).

important: Don't be afraid to report – The employer Will get a fine, but you You will receive rights!

Question 9: My employer closed the business. Can I still sue??

answer: yes, but it's more complicated.

Options:

1. Claim against the personal employer (If it is a private business/partnership)
2. Claim against the insurance company of the employer (if any)
3. Compensation Fund (in some cases)

recommendation: Consult a lawyer immediately – There are time limits!

Question 10: Is it possible to receive compensation for emotional damage (not just physical)??

answer: yes!

Examples of psychological harm:

• Post-traumatic stress disorder (PTSD) After a serious accident
• Depression Because of permanent disability
• anxiety From returning to work

verdict: Moshe vs. G4S Security Company

A guard was injured in a stabbing attack while on duty. He was left with severe PTSD.

The compensation included:

• Bodily damage: 200,000 ₪
• Mental damage: 350,000 NIS (!)
• סה”כ: 550,000 ₪

importance: The psychological damage was Higher From the physical harm.

13. Summary and recommendations – Halevi Law Firm, Jerusalem

13.1 Key principles – Summary table

13.2 The 10 most important points

1. Report immediately – Any delay makes proof more difficult
2. Document everything – Photographs, medicine, witnesses
3. Don't sign a waiver – Without a lawyer
4. You have 3 compensation tracks – Don't give up on anyone.
5. A contributing employee is also entitled to compensation – Partial
6. Accident on the way to work = work accident
7. Social Security is not everything – There is also a tort claim
8. Appeal a disability decision – Most appeals are successful
9. The employer cannot fire – Because of the injury
10. Time = Money – The faster, the higher the compensation

13.3 Why choose Halevi Law Firm??

Halevi Law Firm in Jerusalem Specializes in work accident claims:

✅ Rich experience – Most successful cases
✅ Unique specialization – Only private customers
✅ Professional connections – Specialist doctors, appraisers, safety engineers
✅ Knowing the area – Jerusalem Courts, Jerusalem National Insurance
✅ Personal escort – You are not just a case number
✅ Payment only successful – Zero financial risk
✅ Service in Hebrew, Russian, English – Accessible to everyone

13.4 Located in the heart of Jerusalem

📍 address: Halevi Law Firm, 33 Jaffa Street, Jerusalem
📞 phone:050-8271190 📧 Email:[email protected] 🌐 site: www.halevieu-law.com

Close to the courts – Fast and effective treatment.

Important links and resources

Relevant legislation:

• חוק הביטוח הלאומי [נוסח משולב], התשנ”ה-1995
• פקודת הנזיקין [נוסח חדש], התשכ”ח-1968
• חוק הבטיחות בעבודה, התשי”ד-1954
• תקנות הבטיחות בעבודה (עבודות בניה), התשמ”ח-1988
• חוק פיצויי פיטורים, התשכ”ג-1963
• חוק שעות עבודה ומנוחה, התשי”א-1951

Government ministries and authorities:

• National Insurance Institute – Occupational Accidents
• Ministry of Labor and Social Affairs – Occupational Safety and Health Administration
• Labor courts
• Ministry of Justice

Argument databases:

• Nevo – Database of Judgments
• Courts – Online Ruling

Relevant organizations:

• The Histadrut – Legal Advice Department
• Institute for Safety and Hygiene

Closing words

Work accident can change a life in a second. The pain, the treatments, the loss of income, the fear of the future – all of these are not just Numbers in statistics. These Real people With families, dreams, and the right to a normal life.

Your rights are not a benefit. – They are You are entitled to it by law.. Do not give your employer, National Insurance, or any other party To take from you what you rightfully deserve.

Halevi Law Firm In Jerusalem Here to ensure you receive the Full compensation That you deserve from all avenues – National Insurance, tort claims, and pensions. We know the terrain, the case law, and all the ways to fight for you.

Don't be alone. Contact us today – Initial consultation with Tort Lawyer in Jerusalem No cost and no obligation.

remembered: Every day that passes = evidence that disappears. 

Copyright © 2026 Halevi Law Firm, Jerusalem. All rights reserved.

The information in this article is for informational purposes only and does not constitute legal advice. For legal advice specific to your case, please contact our office.