Industrial Accident

Why is it that the injured person is eligible for compensation from several authorities, not only The National Insurance Institute (bituach leumi)?

In case of an industrial injury, the injured, first and foremost, has to turn to The National Insurance Institute (bituach leumi) for assistance. However, it is important to understand that when The National Insurance Institute (bituach leumi) begins to pay compensation to you, it is not the end of the story. Moreover, it is essential to know that The National Insurance Institute (bituach leumi) is not the only institution that is obliged to pay compensation to you in case of an industrial injury. 

What is considered to be an industrial injury/accident?

Article 79 of the Law on National Insurance specifies an industrial injury as an accident that happens to a person in the course of doing work that results in an injury. Therefore, in order to have this injury considered as an industrial one, there are two conditions that must be met:

• the accident must happen during work
• there must be a direct connection between the injury and the performance of work

According to the law, an accident or an injury that happened on the way to work or home, will also be considered as an industrial accident, thus consequently the injured party can apply to The National Insurance Institute (bituach leumi) for compensation. The law says that every employee is insured at bituach leumi (The NII) against bodily injuries that occur in the course of work; therefore, eligible for filing an industrial injury claim to this institution.   

Are only citizens of Israel eligible for industrial accident compensation? 

There is a great deal of confusion between the rights of industrial accident victims and the rights of individuals with disabilities and chronic conditions. In both cases the committee of the NII (bituach leumi) determines the level of disability for compensation. However, there is nothing in common between these two conditions or securing benefits, except the fact that both of them will need to be evaluated by the committee. 

It is important to note that an individual who was injured as a result of an industrial accident does not necessarily need to be a citizen of Israel in order to be eligible for compensation from The National Insurance Institute (bituach leumi)! The above-mentioned Article 79 imposes two conditions and none of them requires citizenship.

If I have had an industrial accident, what shall I do?

• immediately inform your employer about the accident and ask him/her to sign the bet lamed 250 form (a formal record on the accident for the NII)
• seek medical assistance at hospital or a health insurance fund (Kupat Holim). Ask the hospital staff to make a record in medical documentation on the fact that your accident happened in the course of work.
•  in cases where there were witnesses of your accident, take their personal data.   
• secure a photo of the place of the accident (if it is possible)
• do not neglect medical examination and treatment needed as the result of the injury. It is important that you keep the medical records of your injury.
• keep a record of your financial expenses incurred as the result of the injury; for example, an ambulance evacuation cost, a purchase of medicine, costs for visits to doctors, transport expenses spent on getting to the doctor, pharmacy etc. 
• contact a lawyer who specializes in industrial accidents.

During a consultation with an industrial accident lawyer you will find out if you are eligible for any additional compensation from any other institutions other than The National Insurance Institute (bituach leumi) and if so, which ones. Among these authorities could be:

• An employer and his/her insurance carrier (in case of the accident which happened as the result of the employer negligence, the injured individual is entitled to receive compensation for an injury caused by the industrial accident).
• Employer’s insurance carrier (usually employers insure themselves against liability for their employees’ bodily injuries caused by accidents at work. Having insurance that covers an employee’s industrial injuries can make it considerably easier to receive a compensation). 
• Insurance against loss of working capacity, which is covered by pension insurance.
  According to this insurance plan, the insured individual is entitled to receive a monthly benefit in case this individual is not able to continue working, or the ability to make a living due to his reduced capacity. This insurance usually also covers health problems caused by an industrial accident. 
• Your personal insurance

In order you receive all needed information about your case, contact your industrial accident lawyer as soon as possible.