Netanya Resident Wins 14.27% Disability Rating After Long Legal Battle
A Netanya resident injured in a 2023 work accident secured a 14.27% permanent disability rating and 124,000 NIS after a protracted legal battle against the National Insurance Institute.
A resident of the Netanya area, in her 40s, who was injured in a car accident during her work in the summer of 2023, was forced to wage a prolonged struggle against the National Insurance Institute (Bituach Leumi) after medical committees refused to recognize her resulting disability. Only after two rulings by the Regional Labor Court and the transfer of her case to a committee with a new composition was she assigned a weighted permanent disability rate of 14.27%.
The accident occurred after she finished a work meeting at a hospital in the center of the country and made her way to a work-related conference in Haifa. During traffic congestion on central roads, her vehicle was rear-ended by a large commercial van. Due to the force of the collision, she suffered severe whiplash and injuries to her head, neck, and back.
Already on the day of the accident, she turned to the hospital emergency room, and in the following days continued to complain of headaches as well as back and neck pain. The National Insurance Institute recognized the incident as a work accident, and she received injury benefits for the initial period of incapacity.
However, the pain did not subside. In the months following the accident, she continued to complain of chronic headaches, neck and back pain, radiating pain to her limbs, weakness, and fatigue. A CT scan revealed a disc bulge, and a nerve conduction study led doctors to estimate she may be suffering from chronic radicular involvement in the neck and lower back.
Legal Battles and Court Rulings
In July 2024, a medical committee of the National Insurance Institute convened regarding her case. The committee recognized a low temporary disability for a short period following the accident, but determined that starting from October 2023 she was left with no disability or limitation. Following the decision, she turned to the law firm of "Tayeb & Shitrit, Advocates," specializing in the realization of medical rights, and began appeal proceedings through attorneys Yosef Tayeb and Idan Shitrit.
Compensation and Further Proceedings
Following the new committee's decision, the National Insurance Institute paid her a total sum of approximately 124,000 NIS, mostly as a one-time grant for the permanent disability. This concluded a lengthy battle lasting since the summer of 2023, involving two appeal committees and two proceedings in the Labor Court. However, proceedings are not yet over, as attorneys Tayeb and Shitrit have filed an additional lawsuit against the insurance company that insured the vehicle.
