If you submitted a claim for work disability benefit, you will be summoned for examination by a Medical Board. The Medical Board will examine whether your disability was caused as a result of work, and a degree of disability will be assigned to you accordingly.
Degree of disability – Disability percentages are determined according to a list of medical impairments, according to the severity of your medical situation. Your eligibility for benefits or a grant is determined based on your degree of disability.
Determining the degree of disability
The Medical Board determines your degree of disability based on the list of medical impairments in the National Insurance regulations. The list contains a predetermined disability percentage for each medical impairment.
List of impairments and disability degree.
For example: for someone who was injured at work, and has a disability in the cervical spine, his percentages of disability will be determined based on one of the three definitions listed in article 37 (5) in the list of medical deficiencies, relating to the cervical spine:
37 (5) limitation of movement in the cervical spine
- Light 10%
- Medium 20%
- Severe 30%
Determining a disability degree for two or more medical impairments
If the injured person has several medical impairments, the degree of disability will be determined according to a weighted calculation of disability degrees (and not the accumulation of their sums).
For example:
20% for back impairment
10% for leg impairment
The weighted calculation:
20% (20% back disability calculated out of 100%)
+
8% (10% leg disability calculated out of 80% - these are the remaining percentages left after the deduction of the 20% disability for the back out of the possible 100%).
Total 28%
Increasing disability degree for the work-injured unable to resume work ("regulation 15"):
When a permanent disability is determined for the injured person, the Board examines whether the disability caused to him by the work injury influences his capacity to return to the work he had done prior to the injury, and additionally whether the disability has caused a permanent decline of more than 20% in his income.
In cases such as these the Board can increase the degree of permanent disability up to half the degree of disability determined for him.
For example: if a permanent disability degree was determined for him at a rate of 30%, the Board can increase his disability rate up to 45%. The decision regarding the increase of disability rate according to regulation 15 is under the authority of the Medical Board. In certain cases the Board can accept the opinion of an "elective Board" which includes a claims clerk, a rehabilitation worker, and a doctor.
If the degree of medical disability determined for the injured person is at a rate of 20% or over, a copy of the "elective Board's" recommendation is sent to the examinee.
Determining a degree of disability for medical impairments caused by work injury only
The Medical Board only discusses medical impairments caused by the work injury, and determines the degree of disability based on them. Therefore if the injured person has medical impairments prior to the accident, and there is proof of this in medical documents, the Board will decrease the disability rate related to the prior impairments.
For example: the examinee had a light limitation in his spine prior to the work injury, and in the work accident he was injured in his spine, and now has a severe limitation. His degree of disability will be determined thus:
Severe limitation of movement in spine – 30% disability
Light limitation in spine (prior to accident) – 10% disability
The Board will deduct the disability not related to the accident, and the examinee will receive 20% disability.
Temporary disability degree
If the Medical Board has decided that the situation of the injured person is not permanent and is subject to change, it will determine a temporary disability degree for him, for a maximum future period of one year. During this period he will receive benefits according to the rate of the temporary disability, and at the end of the period he will be invited to an additional Medical Board.
Degree of disability for "needy disabled"
An injured person for whom a temporary disability degree of less than 100% was determined, and who cannot work in any work whatsoever due to his disability, and also lacks an income from any profession, may be entitled to a temporary disability degree of 100%. The degree will be determined for a period of up to 4 months. For this purpose the injured person must submit a claim for a disabled-person in need, and the decision will be made by an "elective Board", including a claims clerk, a rehabilitation worker, and a doctor.
From when is the degree of disability determined?
The degree of disability is determined starting from the end of the period for which you have received an injury allowance.
If you did not receive an injury allowance, the degree of disability will start on the day following the date of injury.
If you have become sick during an occupational disease due to your work – your degree of disability will be determined starting from the end of the period for which you have received an injury allowance. And if you did not lose your capacity for work, your degree will be determined starting from the day that, in the opinion of the Board, the disability was caused to you due to the occupational disease.
Appealing against the decision of the Medical Board before the Medical Appeals Board.