Bat Yam Court Orders Construction Firm to Pay 435K Shekels Over Workplace Injury
A Bat Yam Magistrate's Court ordered a construction company to pay 435,000 shekels to a worker injured after carrying heavy metal profiles up six flights of stairs.
A Magistrate's Court in Bat Yam has ordered a construction company to pay approximately 435,000 shekels in compensation and legal fees to a 45-year-old worker who sustained severe injuries after being forced to carry heavy building materials up six flights of stairs. Judge Liat Segev ruled that the employer breached its fundamental duty of care by compelling the employee to shoulder excessive loads without appropriate equipment or assistance.
The workplace incident occurred in November 2020 at a construction site where the employee was tasked with transferring building supplies to the sixth floor. While initial equipment was transported using a cart and elevator, three-meter-long metal profiles could not fit in the elevator and had to be carried via the stairwell. According to court proceedings, after a manager expressed dissatisfaction with the pace of work, a bundle of approximately ten profiles was loaded directly onto the worker's back and neck. Despite voicing concerns over the heavy weight, the employee was ordered to continue the task.
Medical Consequences and Legal Rulings
Immediately following the grueling task, the worker began experiencing excruciating pain in his back and neck, forcing him to leave his employment permanently. Medical evaluations subsequently diagnosed him with a cervical spine injury and fibromyalgia, a chronic condition characterized by widespread pain and fatigue. Court-appointed medical experts assessed his combined medical and functional disability at 19%, noting his profound limitation and inability to return to physical labor.
During the legal proceedings, the construction company denied that the accident had occurred, claiming that no profiles were delivered to the site on the specified date, and suggested the injuries stemmed from pre-existing medical conditions or a recent residential move. However, Judge Segev dismissed the defense, citing corroborating testimony from a plaster contractor who witnessed the worker carrying the heavy load, as well as contemporaneous WhatsApp messages sent to the manager reporting severe back pain.
The court calculated the total gross damages at roughly 516,000 shekels, covering lost wages, pension accumulation, 120,000 shekels for pain and suffering, and 12,000 shekels for medical and transportation expenses. The judge attributed 10% contributory negligence to the plaintiff for continuing the task after feeling initial pain. Following deductions for contributory fault and National Insurance Institute benefits, the net compensation was set at approximately 352,000 shekels, alongside 83,000 shekels in legal fees and court expenses.
