Recognition of Microtrauma as a Work Accident: How to Receive Compensation for Cumulative Damage and Chronic Pain

The Cumulative Pain: When is Chronic Pain at Work Recognized as "Microtrauma" and Entitles to Compensation?

By: Attorney Yulia Moshinski Biton

Are you suffering from back pain, joint inflammations, or a decline in hearing that developed slowly over the years? You might not remember one specific "accident," and therefore you assume you have no ground for a claim against the National Insurance. This is a common mistake. The Israeli law recognizes a special category of work injuries called "Microtrauma."

What is "Microtrauma"?

While a regular work accident is a sudden and one-time event, microtrauma is an injury created as a result of countless tiny, repetitive, and repeated injuries. The labor court uses the image of "water drops on the rock": one drop doesn't cause damage, but a continuous dripping of years eventually creates a hole in the rock. So it is in the human body – performing the same movement hundreds of times a day for years might cause irreversible damage.

The Claim Test: How is Microtrauma Proven?

For such a claim to be accepted by the National Insurance, three cumulative conditions must be met:
1. Repetitive and repeated movements: Proof that during the work day, a series of identical or essentially similar movements is performed (typing, arm lifting, lifting loads).
2. Long period of time: Performing the actions at a high frequency and over a long period.
3. Medical causal connection: A direct connection between the repetitive movements and the physical damage (which doesn't stem only from age or genetic risk factors).

Examples of common cases recognized in the courts:
- High-tech employees and secretaries: Carpal Tunnel Syndrome (CTS) due to prolonged use of keyboard and mouse.
- Professional drivers: Back problems due to prolonged vibration (oscillations) on bumpy roads.
- Manual laborers and industry: Disc herniations or shoulder damage due to lifting loads and repeated bends.

Why is it important to turn to a lawyer before filing the claim?

Many microtrauma claims are rejected because of a failure in phrasing the facts. A general description of the work as "physical and hard" will usually lead to rejection. The microtrauma doctrine requires "isolating" a specific movement. The role of the lawyer is to analyze the nature of the work, identify the harmful movement, and phrase the claim in a way that will meet the strict legal tests.

Summary
Suffering from chronic pain and believe the work is the cause? Don't deal with the system alone. Professional legal advice can turn the cumulative pain into the financial compensation due to you by law.

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