In short
What is a person injured at work entitled to?
From the National Insurance Institute: injury allowance for the period they cannot work, and if a disability remains, a work disability benefit as set by the medical committee. If the employer was negligent, a tort claim against the employer is possible as well.
What Counts as a Work Accident
A work accident is an accident that happened in the course of work and because of it, for example a fall at a construction site, an injury from a machine or a slip at the office. Under the National Insurance Law [Consolidated Version], 5755-1995, an accident on the way from home to work and back can also be recognized as a work accident, as long as you did not leave the route for a private reason. An illness caused by working conditions may also be recognized, as an occupational disease.
Recognition applies to salaried employees, and also to self-employed people insured with the National Insurance Institute (Bituach Leumi). It is the first and most important step: without recognition of the injury as a work injury there is no injury allowance and no work disability benefit.
Injury Allowance: 12 Months to File the Claim
An employee who was injured and cannot work is entitled to an injury allowance (dmei pgi'a) from National Insurance, for no more than 91 days from the day after the injury. The amount is 75% of the income on which insurance contributions were paid in the three months before the injury, up to a daily ceiling. The employer pays the wages for the day of the injury itself.
The claim is filed with National Insurance within 12 months of the injury. Filing late may harm your entitlement. Medical records are attached to the claim, and a salaried employee receives a referral for medical treatment from the employer on form BL/250.
Tell the doctor at the very first visit that the injury happened at work, write down the names of witnesses and photograph the scene. These details are examined when National Insurance decides whether to recognize the accident.
Work Disability and the Medical Committee
When a lasting injury remains, a National Insurance medical committee sets the disability percentage. Permanent disability of 9% to 19.99% entitles you to a one-time grant, and disability of 20% or more entitles you to a monthly pension. A difference of a few percentage points changes the picture, so prepare for the committee: complete medical records, professional medical opinions where needed, and an accurate description of the limitations at work and in daily life.
A committee decision can be appealed to a medical appeals committee. A decision not to recognize the accident as a work accident can be challenged by filing a claim with the Regional Labor Court. Each of these steps has a deadline, so do not wait.
Claims Against the Employer
National Insurance pays without examining who was at fault. When the accident was caused by the employer's negligence, for example missing protective equipment, an unguarded machine, training that was not given or a breach of workplace safety rules, you can sue the employer in tort under the Civil Wrongs Ordinance [New Version]. The claim usually proceeds against the employer's insurance company.
What National Insurance has paid and will pay is deducted from the damages in this claim, but it covers losses the benefits do not fully cover, such as pain and suffering and loss of earnings beyond the benefit. It is generally subject to a limitation period of seven years from the accident.
When the work accident is also a road accident, for example while driving to work, the tort claim is filed under the Compensation for Road Accident Victims Law, 5735-1975, against the company that issued the vehicle's compulsory insurance, not against the employer.
What the service includes
- Filing an injury allowance claim with National Insurance
- Preparing for the medical committee and appealing its decision
- Labor Court claims against a decision not to recognize the accident
- Tort claims against the employer and its insurer
- Working with physicians on medical opinions
When to contact us
- You were injured at work or on the way to work
- National Insurance rejected the claim or did not recognize the accident
- You were summoned to a medical committee or received a low disability rating
- The accident happened because of a safety failure at the workplace
What to bring to the meeting
- Medical records from the first day onward
- Form BL/250 or any document from the employer about the injury
- Pay slips from the months before the accident
- Decisions of National Insurance and the medical committee
Work Accidents throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
How long do I have to file a National Insurance claim after a work accident?
A claim for injury allowance is filed within 12 months of the injury, and filing late may harm your entitlement. A tort claim against the employer is generally subject to a seven-year limitation period from the accident.
How much does National Insurance pay while I cannot work?
The injury allowance is 75% of the income on which insurance contributions were paid in the three months before the injury, up to a daily ceiling, for no more than 91 days from the day after the injury.
I was injured on my way to work. Is that a work accident?
It can be. An accident on the way from home to work and back can be recognized as a work accident, as long as you did not leave the route for a private reason. When it is also a road accident, tort compensation is paid under the Compensation for Road Accident Victims Law.
Can I receive payment from both National Insurance and the employer?
Yes, when the accident was caused by the employer's negligence. What National Insurance pays is deducted from the damages in the claim against the employer, so the claim covers the loss that remains uncovered.
What do I receive for work disability?
A National Insurance medical committee sets the disability percentage. Permanent disability of 9% to 19.99% entitles you to a one-time grant, and disability of 20% or more to a monthly pension.
