personal injury

adv. Oren bushari helping you in Israel

tort claims in Israel

Tort claims in Israel as in everywhere are intended to benefit financially with a person who is physically injured, following an act or omission (such as: work accidents, medical malpractice, assault, exposure to dangerous material, disordered sidewalk).

The hearing will revolve around negligence. Of the municipality (for example, on disrupted sidewalks), the physician (in medical malpractice), the school (in student accidents) and the employer (such as the employee’s lack of guidance regarding work safety risks). In road accidents, the discussion goes straight to the damage. There is not even a hearing about the injured party’s contributory guilt. Not if he was wearing a belt, and not if he didn’t look sideways before crossing.

Work accidents in Israel

work accidents in israel

Ten years ago, a work-related accident could have been sitting at home owned by a doctor’s approval for a year. Today, the National Insurance Institute limit it for 90 days, even in the event of a long recovery period.

 

The solution i is to apply for disability early and filling a disabled form is needed.

 

Employees

Employees will be paid 75% of their income in the 3 months preceding the 1st of the month in which employment ceased due to the accident. Including overtime, premiums and grants.

 

For self-employed, the amount will be calculated according to the income in the tax reports and assessments. When it comes to the fresh business, the calculation will be proportional to the down payment and this economic disaster is called a “blocking benefit.”

 

Disability

For disability, an injured person faces a commission. The big problem exists if he does not return to work and is in financial difficulty because the salary payment is limited to 90 days. The solution is a form called “NECHE NIZKAK”.

Disability from work is the second step in the process vis-à-vis Social Security after a work accident.

A stable disability of 9-19% will grant you a fixed one time sum. 19% or higher? Monthly paymnet. 

Rule 15

Rule 15 allows increasing the percentage of medical disability by up to 50%. This is to deduct an effect on the profession, along with a decrease in income (which it has interpreted by a quarter or more). Fingering a palm will not affect a footballer, but it will cut off a pianist’s career. 

Death in a work accident

Death in a work accident will leave a monthly Social Security pension. If death is a direct result of the accident then certainly. But not only. Even if there was recognition of injury at work years before, let’s say due to a heart event at work, and death after years due to a heart complication.

What is the difference between a survivor’s pension and a dependent’s pension? If a survivor’s allowance is estimated at NIS 1,500 per month, the dependent allowance is several times higher.

***the above relates to national insurance rights. aside is a second and added claim against the emplyer in court accordind to the law.

Personal Injury Cases Involving Children/Minors​

Negligence in kindergarten is easier to prove if the kindergarten teacher has not taken reasonable measures to prevent expected harm. The answer is a matter of reasonableness.

Parents would argue that a reasonable kindergarten teacher could have anticipated the accident and prevented it. There is insurance in a private garden. In the municipal garden the lawsuit against the municipality.

In a preschool accident, unlike a school, the expectation is that there is continuous supervision. 

Is a child in Israel fit to testify?

By law, a minor is also eligible to give evidence. Article 55 imposes a duty on the court to warn the minor to say truth in a way that is understandable to him.

Personal accident insurance policy for students

The insurance company that insured a personal accident policy for students is also in frame. A student insurance policy will be valid from the municipality’s kindergarten age. The policy does not require proof of negligence, it covers only accidents and not illnesses and exceeds road accidents and disability less than 5%.

compensation for a wrongfull death case

A claim for an accident that resulted in the death of a person depends on the remaining family left.

The court isrequired to differentiate between those who were not dependent on the deceased and those who were dependent on it as the children. 

Loss of income

These are usually the big part of the lawsuit. As long as it was not an elderly person, it was a refund of income losses in the years that the deceased was supposed to earn if he did not die, until leaving the job,  by the age 67.

When the deceased has not yet established a family, the practice of compensating 30% of the salary base has taken root (the Finch case).

If it is a widow’s claim and children under the age of 18, the calculation will be done according to the SUSHARD case method according to the number of children leaving the “nest”) The calculation also reduces what the deceased would have needed if he were alive.

Other losses

he loss forces the family into increased expenses for treatments, repairs, housework, etc. This expense would not have been required had it not been for the deceased’s loss, for if he had not died, he would have performed alone. This usually causes up to NIS 400,000. See the late Azar Meir Shmuel, the former deputy mayor of Jerusalem.

Pain and suffering

Here there is a big difference between road accidents and other accidents: in other claims it is an amount that depends mainly on the shortening caused by death. A younger man will be compensated than an adult because he was supposed to have lived more years had it not been for death. But, a person who has reached the age of 80, his life expectancy is necessarily higher than the average life expectancy. Therefore, according to statistical tables, the expected life expectancy of that person should be examined according to the age reached at the time of the accident. In the Bertha Marciano case, a compensation of NIS 175,000 was set for shortening the life expectancy of a 4 years. For young people the amount is approaching NIS 1 million. In road accidents, compensation is NIS 50,000, no matter the age.

Reduction

After the connection of all the heads of damage above, in the end also reduce funds paid by the National Insurance Institute. Generally, the amount is discounted in a pension called a survivor’s pension or a dependent pension, if it is a death from a work accident.

Claims against municipalities and councils​

Claims against municipalities and councils ends with conflicted rulings in Israeli courts.

On the one hand, the courts have ruled that the municipality cannot be expected to fix every tiny hole and, on the other hand, has ruled that a pedestrian cannot be expected to look down as he walks down and look for an obstacle.

The allegation would be for failure to prevent impediment, negligence in maintenance, failure to perform repair work, savings of safety measures at the expense of residents and lack of inspection mechanisms for the repairs.

Take two photos: one image to create a depth dimension to illustrate the risk of a  bump, and another 10m image to include the environment and the location of the accident. 

It is worth photographing the place after a while if the municipality has made a repair. Correcting the harm done by city employees is of evident value. And try to find a photo taken there earlier without the municipality being able to fix it.

Record a call to call center 106. In many cities, the event can also be contacted and announced at Wattsapp.

Record witness statements that were present. Keep telephone correspondence. Don’t talk to a to anyone and certainly not about our contributory negligence: If we rushed, ran, looked at the watch while walking, wore platform shoes, and took no precaution when we walked too, the courts would impose a contributory negligence of 10% -30% on compensation.

As far as a central location was concerned, the municipality had to know that such an obstacle existed and it was imperative that it be removed as soon as possible, so it would be worthwhile for the photograph to be shown a central location and widespread movement of people.

Lawyers fee for lawsuits against City Hall

Fees for claims against the municipality are usually paid as a percentage of the total amount received. So does the bar association require. Generally the percentage of the fees will be 20% and VAT.

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