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| Work Injury - What is a work injury? |
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A work injury that entitles the injured person to a work injury benefit is a work accident or occupational disease, as defined in the National Insurance Law.
An accident that occurs to the insured in the following circumstances is also considered a work accident:
1. En route from his home (or the place in which he lodges) to his workplace, or from his workplace to his home, or from one workplace to another.
2. During his work at his workplace (or in his immediate surroundings) while trying to save people or property or to prevent damage to people or property.
3. During his work, from an injury (that is not due to the work) inflicted upon him by another person with an object found at the work site (or in his immediate surroundings), provided that the injured person had no part in causing the injury.
4. For an insured who is a salaried employee - in the place in which he or his workmates eat during their breaks, which are determined by the employer and do not exceed 3 hours, and also en route from his job to that place or from that place to his job.
5. For an insured who is a salaried employee, member of a workers’ committee in his workplace and for an insured who is a member of a moshav workers’ committee - while performing that function and due to the performance of the function, and also en route to and from performing the function.
6. For an insured who is a salaried employee - en route from his job or from his home to the place where he is examined under the Apprenticeship Law or under the Employment Service Law, or on the way back from the exam to his job or to his home.
An assault, during and as a result of work, including a sexual assault, is considered a work injury, if it causes physical or emotional damage and requires medical treatment.
An accident that occurs to an insured en route is not considered a work accident if the insured made a significant stop on his usual route or made a significant detour which was not for the purpose of fulfilling his obligations to his employer. If the insured is self-employed - not for the purpose of engaging in his occupation. However, an accident that occurs to the insured en route as stated in section 1 above is considered a work accident if the insured halted his trip or detoured from the route to do one of the following:
a. To say the morning prayers in the house of worship in which he prays.
b. To accompany his child to nursery school, kindergarten or day care (or to another place approved in the National Insurance Regulations), and to bring the child back from that place.
An accident that occurs to the insured while he was driving negligently and did not obey the law or an instruction given to him by his employer regarding his work is not considered a work accident, unless - due to that accident - the insured died or became disabled or unable to work for at least 10 days, and if he had not driven negligently, the accident would have been considered a work accident.
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