Accident on the Way to Work or From Home: What is Considered a Work Injury According to National Insurance?

Beyond the Office Walls: What is Really Considered a Work Injury According to the National Insurance Law?

By: Attorney Yulia Moshinski Biton

Many employees in Israel go out daily to their work, but not all are aware that the protection of the National Insurance is much broader than it seems. The term "work accident" is not limited only to an unusual event that physically occurred between the walls of the office or factory. As a lawyer engaged in the field, I see paramount importance in every employee knowing their rights.

The cases you must know: When will an accident be considered a work accident?

Beyond the basic definition, the law expands the recognition also to cases that do not occur during the actual performance of the work:

1. Accidents on the way to work and from it: An accident that happened on the way from home to work or back (or between workplaces) is considered a work accident. Important to know: A stop for the purpose of accompanying a child (up to age 10) to an educational framework or a stop for public prayer, does not cancel the recognition of the accident.

2. Protection of body and property: An accident that happened while the employee acted to save body or property, or to prevent damage in the work environment, will be recognized as a work injury.

3. Injury by another person: If you were injured during work by a third party (even if the injury is not directly related to the work), you might be entitled to recognition, provided you had no part in causing the event.

4. Meal breaks and committee organizations: For employees, also an accident during an approved meal break (not exceeding 3 hours), on the way to it or back from it, might be considered a work accident. So it is regarding activity within a workers' committee.

5. Sexual assault and physical assault: An assault that occurred during and because of the work, causing bodily or mental damage, is recognized as a work injury and allows receiving help and rehabilitation.

6. Working from home: In the modern era, the law recognizes also injuries occurring at home, provided they occurred during and because of the work only.

And what about negligence of the employee?

It is important to debunk a common myth: Even if the accident occurred due to negligence of the employee or not following the employer's instructions, it might still be recognized as a work accident, especially in cases of disability, loss of earning capacity for at least 10 days, or death.

Summary

Injured? Don't stay with the questions alone. Your rights in the National Insurance are a critical financial and medical safety net. It is recommended to consult with a lawyer engaged in the field to ensure the exhaustion of rights.

The content appearing in this article is for general information only and does not constitute legal advice or a substitute for it.