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Accidents, unfortunately, happen from time to time in our lives – whether we want it or not. But in many situations it is possible not only to reduce the unpleasant consequences to a minimum, but also to receive a substantial cash payment. Let’s see how to act if an accident has occurred at work.
What is accident at work?
It is first necessary to define the terminology. Israeli law (section 79 of the National insurance act) defines an accident in manufacturing, as the harm caused to the employee while working. But keep in mind that this definition is interpreted widely. For example, the injury on the way to the workplace or when you return from work may be considered an accident that occurred during employment.
What you need to do in order to get paid compensation?
To fully realize their rights to compensation, it is important to contact a lawyer specializing in this field, to produce an effective plan of action. From, how well-written complaint and gather the necessary evidence and supporting documents, determine the amount of cash payments.
So, if we are talking about compensation for injury in the workplace, we must first prove the existence of a causal connection between the duties performed and the accident occurred, and the fact that the harm the victim has suffered because of the actions carried out within the framework of job responsibilities.
In addition, it is important to remember that not every injury at work is definitely a workplace accident. We give a simple example: if an employee had a heart attack because of poor health, not connected with the duties performed, it is unlikely to be recognized as a workplace accident with subsequent payment of compensation – even if it happened in the workplace. It is also necessary to prove the guilt of the employer in unsafe practices or that the company did not provide proper working conditions.
The filing of a claim
There are several organizations that can be sued after an accident: the national Institute of insurance («bituah Leumi»), directly by the employer and insurance company serving the company responsible for the injury.
The claim, filed to the national insurance Institute, as a rule, includes a requirement on payment of lump-sum payments because of an injury, the determination of the degree of disability, pension disability, and in some cases care and treatment – depending on the severity of the injury.
Often these payments is not enough to pay for all medical expenses, and in addition «bituah Leumi» does not cover moral damages. So it makes sense to sue to the insurance company that serves the employer or organization to blame for what happened. It is also necessary to involve the claim of a medical expert and obtain the appropriate conclusion: the results of the examination proving the fact of causing significant physical harm. Also, you should check the victim of personal insurance policies, giving you the opportunity to obtain additional compensation from the insurance company.
The timing of the filing and payment services
It is important to know that the conduct of similar cases the lawyer has no right to take payment for their services in advance. Usually he is paid a certain percentage of the compensation after getting hit by a cash payment. Therefore, a lawyer specializing in compensation after accidents and road accidents, interested in the fact that his client received maximum compensation.
It should also be remembered that claims about the violation of the conditions may be filed within seven years after the accident, and claims against insurance policies within three years. Therefore, if an unpleasant incident happened to you some time ago, and you have not received adequate compensation for the spent nerves, money and harm to your health – consult your attorney: it is possible that you are still entitled to compensation.
Address law office of Yashar Jacobi
Tel Aviv, Shaul and Melech, 35
Tel: 052-3200009, 03-6914004