Herzliya Court Orders 312,000 Shekels Compensation for Saw Injury
A Herzliya court ordered a glass factory and Phoenix Holdings to pay 312,000 shekels to a maintenance worker injured by a saw while trimming trees, highlighting employer negligence and safety breaches.
A Magistrate's Court in Herzliya has ordered a glass factory and Phoenix Holdings to pay roughly 312,000 shekels in compensation to a 60-year-old maintenance worker who was severely injured by an electric saw while trimming trees on the premises. The total compensation, combined with roughly 115,000 shekels in National Insurance benefits and roughly 74,000 shekels in legal fees, brings the total financial liability significantly higher.
The accident occurred in May 2018. The plaintiff, a long-serving maintenance worker tasked with servicing production machinery, was allegedly asked by one of the factory owners to trim tree branches that were scratching his car in the parking lot. The worker retrieved an electric circular saw from the warehouse and, after cutting two trees without incident, encountered resistance on the third. The saw kicked back, struck his left hand, and inflicted a deep cut on his right thigh.
Bleeding profusely, the worker reached the reception office and requested an ambulance. One of the factory owners administered first aid, applying a tourniquet to his leg before he was evacuated to Kaplan Medical Center. He was hospitalized for two days and underwent surgery to repair the deep thigh wound.
During the proceedings, the plaintiff argued that gardening was outside his job description, and he had been provided with neither proper training nor protective gear. He explained that he obeyed the employer out of fear of dismissal, describing him as a strict figure whose demands could not be refused. Conversely, the factory and Phoenix Holdings contended that the worker was an experienced professional familiar with tools, and that the accident resulted from his own negligence. The defense presented surveillance footage showing the worker performing physical tasks to contest his claims of functional limitations.
Judge Yossi Berakha ruled that the employer acted negligently by assigning the worker a task outside his domain, using an unsuitable tool for tree pruning, and failing to provide proper instruction or protective equipment. The court found that the company breached statutory safety regulations. However, the worker was assigned a 10% contributory negligence share for choosing the saw himself without verifying its suitability and failing to request safety instructions, though the court acknowledged his fear of losing his livelihood.
The court-appointed medical expert assessed the worker's permanent disability at approximately 23%. Judge Berakha rejected the defense's claim that the worker was faking a limp, noting that while the plaintiff managed to earn more after the accident, his physical limitations could impair future earning capacity. Total damages were evaluated at 475,000 shekels for lost earnings, pension rights, medical expenses, and pain and suffering. After deducting contributory negligence and National Insurance benefits, the court ordered the defendants to jointly cover legal fees, expert fees, and court costs.
