Workplace Accidents – Your Rights as an Employee and the Difference Between Employer Insurance and National Insurance

Every day, workplace accidents occur across the country, injuring employees and changing their lives. Many injured workers are unaware of their full rights or the different options available to obtain compensation. Understanding the distinction between employer insurance and National Insurance - and choosing the right path - can have a dramatic impact on both the final compensation amount and the long-term wellbeing of the injured worker and their family.

What Qualifies as a Workplace Accident?

The definition of a workplace accident is broader than most employees realize. It includes any physical or psychological injury that occurred “while performing one’s job or in connection with it.” This broad definition covers not only incidents that happen in the factory or the office, but also many other situations that employees often overlook.

An accident that occurs on the way to or from the workplace is considered a workplace accident, provided it took place along the reasonable and direct route between home and work. This includes accidents that happen on public transportation or in a private vehicle used for work purposes. Even minor deviations from the route, such as stopping to pick up children or buy essentials, usually do not invalidate the claim.

Work-related activities outside the office, such as employer-sponsored training sessions, professional conferences, team-building events, or official company parties, are also included. Any activity organized or endorsed by the employer may be regarded as connected to work.

Two Avenues for Compensation – Key Differences

When a workplace accident occurs, the injured employee has two separate legal avenues for receiving compensation. Understanding the distinction between them is crucial to making the right choice.

The National Insurance route provides statutory compensation available to all legally employed workers. This includes injury allowances, work disability pensions, and medical treatment. The benefits are calculated according to fixed formulas based on average salary and the percentage of disability determined. This path is generally faster, but compensation amounts are limited and may not fully reflect the actual damage.

The employer insurance route, on the other hand, is based on general tort law principles. Compensation in these cases can be much higher since it includes full damages for pain and suffering, future loss of earning capacity, and other related expenses. However, the process is longer and requires proving employer negligence.

How to Choose the Best Path

The decision between these two options depends on several key factors. The first is the severity of the injury - in cases of serious disability or death, the employer insurance route is usually more beneficial. The second factor is the ability to prove negligence - if it can be shown that the employer failed to meet safety standards or acted negligently, this route is preferable.

Another consideration is the employee’s financial situation. Those who need immediate financial assistance may prefer the faster National Insurance process, while those able to wait may receive significantly higher compensation through the employer route.

It is worth noting that it is not always necessary to choose one or the other. In some cases, it is possible to receive National Insurance benefits while also filing a separate claim against the employer for additional compensation. An experienced attorney can advise on the optimal strategy for each situation.

Immediate Rights You Should Know About

From the moment a workplace accident occurs, employees have immediate rights that should be exercised. Sick days due to a workplace injury are not deducted from the employee’s regular annual sick leave. This is an important right of which many employees are unaware.

The right to full and proper medical care applies from day one. This includes not only emergency treatment but also physical therapy, complementary therapy, and, where relevant, reconstructive surgery. All treatments and related expenses should be carefully documented and supported by receipts.

The right to vocational rehabilitation allows an injured employee who cannot return to their previous job to receive new professional training at the expense of the National Insurance Institute or the employer. This is an invaluable right that can open new career opportunities.

Long-Term Compensation

A permanent work-related disability entitles the employee to a lifelong monthly allowance, the amount of which depends on the degree of disability and average earnings. In severe cases, early disability retirement benefits may also be available, allowing the employee to retire before the standard retirement age.

In employer liability claims, compensation may also include payment for future loss of earning capacity, calculated according to the expected income until retirement age. For young employees or those with high earning potential, these sums can reach millions of shekels.

When the Employer Fails to Cooperate

In some cases, employers attempt to evade responsibility or obscure the circumstances of the accident. In such instances, it is essential to act quickly to collect evidence. Document the accident scene, obtain witness statements from coworkers, and keep all correspondence with the employer.

If the employer refuses to report the accident to the National Insurance Institute, the employee can file the report directly. It is important to do so within 48 hours of the incident, even if the employer objects.

Legal action against an uncooperative employer can be complex, but employee rights are well protected by law. With proper legal representation, employees can ensure they receive all the compensation and benefits to which they are entitled.