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Hostile Action Casualties

Hostile action casualties and their families are entitled by law to monetary remuneration and various benefits to assist and support them in their recovery, such as monthly payments, rehabilitation, annual grants and lump-sum grants. This entitlement is provided under the Benefits for Victims of Hostilities Law, 5730 - 1970. The monetary benefits are provided under the Invalids (Compensation and Rehabilitation) Law, 5719 - 1959. They are calculated according to managerial grade civil service salaries and are updated in accordance with updates in the economy (employment agreements or cost of living increments).

 
What is a hostile action injury?

A hostile-action injury is a direct result of an attack by enemy forces, or an injury caused as a result of, or in connection with, hostilities (an injury sustained under circumstances that are reasonably presumed to be the result of hostilities, or an injury from a weapon that was intended to be used in an attack by enemy forces, or to prevent such an attack), or an injury resulting from an act of violence whose purpose was to harm people because of their national ethnic origin, provided that it arises from the Israeli-Arab conflict or was committed by a terrorist organization.

Conditions of entitlement
    • You are an Israeli resident (whether the injury occurred in Israel or in the territories of Judea, Samaria and Gaza, or outside of Israel).
    • You are an Israeli citizen and have sustained an injury that occurred in Israel or in the territories of Judea, Samaria and Gaza.
    • You are an Israeli citizen and less than a year has passed since the time you ceased to be an Israeli resident and you were injured outside of Israel.
    • You do not have Israeli citizenship, but you entered Israel legally under the Entry into Israel Law, or you do not require a visa (such as those with diplomatic passports or tourists from a country with which Israel has a visa exemption, etc.) - and you were injured within the territory of the State of Israel or in the territories of Judea, Samaria and the Gaza Strip.
    • You are a resident of the territories with an Israeli identity card and were injured within the Green Line.
    • You are a resident of the territories and you have an entry permit from the IDF commander in the region and you were injured within the Green Line.
    • You are a foreign resident and were injured during, and as a result of, your work abroad for an Israeli employer.
    • If you were injured in an attack abroad, and you are entitled to compensation under the laws of the country in which you were injured or the country in which you are a resident, you are not entitled to benefits under the Benefits for Victims of Hostilities Law.

Israeli embassies and consulates around the world, various diplomatic missions and the following Israeli companies operating abroad, are deemed an “employer”.

First contact after the event

Immediately after the event, rehabilitation workers (specially trained social workers) contact the victims and their families and from then on, they are available to provide counseling, training and guidance with any problem - emotional, social or family-related. They also help family members exercise their rights and obtain the various services they are entitled to.

The Rehabilitation Department arranges reimbursement to family members for the expenses of those injured in hostile actions. This assistance is provided to the victims’ first-degree relatives.

                

A claim for a benefit during medical treatment should be submitted on the form Notification of hostile action injury and claim for a medical treatment benefit. The claim should be submitted at your local NII branch. The claim can be sent also by mail, by fax, or by means of the local branch service box.

The claim must be submitted within one year from the date of the injury. A claim that is not submitted on time may impair your right to the benefit.

                

A person injured in a hostile action who is not capable of working (according to a medical report as a certified by an NII doctor) is entitled, during that period, to a medical treatment benefit (MTB), provided that he is not being paid a salary or other compensation during that period of time.

Other benefits paid to him during that period are deducted from this benefit.

Period of payment: Up to 9 months from the date of the injury. Payment after 9 months is contingent upon approval by the NII Medical Affairs Office.

                

Medical treatment for a person injured in a hostile action includes hospitalization and treatment of injuries sustained as a result of the attack (including dental treatment, medication, medical accesories, recuperation and rehabilitation). Medical treatment can be obtained in government hospitals and through the health funds, based on the NII confirmarion that the injury is recognized as a hostilities-related injury, and based on a financial commitment by the NII.

The injured person is also entitled to first aid from Magen David Adom and from any doctor or medical institution near the place of the injury.

The NII does not reimburse expenses for private medical treatment.

                

In addition to the emotional assistance given by the rehabilitation workers, disabled people who have trouble with routine functioning are entitled to coverage for therapy with a psychologist when, in the assessment of the rehabilitation worker, the therapy is likely to improve the person's emotional and functional condition and contribute to the success of his rehabilitation program. Funding of the therapy is contingent upon agreement between the entitled person and the rehabilitation worker regarding the problems that require therapy, the therapy objectives, an evaluation of the ability to be helped by therapy and the type, frequency and duration of the therapy.

                

A claim for benefits should be submitted on the form Application to establish a degree of disability and payment of disability benefit and is contingent upon the approval of the competent authority at the Defense Ministry. A canceled check or confirmaion from the applicant's bank showing the bank account number and details of the branch in which the account is held must be attached to the claim. The benefit is deposited in the claimant's bank account on the first of each month for the previous month. If you wish to change the place of payment, you must submit a request on the form Notification of revision of personal details, and attach a canceled check or confirmation from the  bank showing the bank account number and details of the branch in which the account is managed. The claim for the benefit must be submitted within one year from the date of the injury. A claim that is not submitted in timely fashion may impair eligibility for the benefits.

                

A person injured in hostile action who submits a claim for a disability benefit is summoned to appear before a medical committee, which is authorized to establish the degree of his disability, and whether it is temporary or permanently, according to the severity of the injury.

                

If you are not satisfied with the medical committee's decision, you may appeal the decision to the medical appeals board. The appeal must be submitted within a two months from the date of receipt of the decision. (In special cases, the deadline can be extended to one month. After that time, it will not be legally possible to hear the appeal).

                

Hostile-action victims who are disabled are eligible for disability benefits if the medical committee has established a 10% temporary or permanent degree of disability (a disability ranking below 10% does not entitle you to a benefit). The benefits are paid as a lump sum grant or a monthly allowance.

                

The special payments are intended for disabled persons who, because of their disability – recognized as the result of a hostile action – or because of their personal statistics (age, physical condition unconnected with any hostile action, level of schooling, work experience, etc.) do not have a sufficient income to support themselves. Disabled persons who wish to receive this special payment must fill out a request form and attach to it authorizations of income, medical authorizations and any additional relevant authorizations in accordance with the particular type of special payment requested. Eligibility for a special payment is based on defined criteria and is conditional upon the recipient’s cooperation with the rehabilitation process. Eligibility for payment is from the date of the request is submitted.

                

If a disabled person, as a result of the same event, is entitled to disability benefits under the Benefits for Victims of Hostilities Law and is also entitled to one of the following benefits, he must choose one of them:

General disability
Any other benefit from the Finance Ministry (except for reparations from Germany).
Compensation under the Civil Torts Law - if the disability was caused by a civil entity.
A hostile-action injury that is also a work injury
- if a hostile-action injury occurred during working hours or en route from home to work or from work to home.

                

Disabled people who live abroad on a permanent basis are entitled to a monthly benefit in accordance with the disability percentage established for them by the medical committee, and as specified in the section on Disability Benefits, provided that once a year they submit a “Life Certificate” approved by an Israeli consulate or notary public.

                
Pursuant to the "Benefits for Victims of Hostilities Law, 5730 – 1970", the families of victims of hostilities are entitled to remuneration, rehabilitation, grants and benefits. The rates of the benefits paid to victims' families are determined under the "Fallen Soldiers' Families Law (Pensions and Rehabilitation) 5710 – 1950". The institute's rehabilitation workers contact the families immediately following the act of hostility and from then on, they are available to provide counselling, training and guidance with any problem relating to their mental, social and family rehabilitation, the ways to exercise their rights and the various services available to them.
                
Examining the possibility of receiving more than one benefit
If you meet the conditions of entitlement for more than one benefit from the National Insurance Institute, you can check whether you can actually receive both benefits or only one of them, by means of this calculator (in Hebrew).