Musician Yermi Kaplan Wins Legal Battle Over 2006 Stage Injury
Musician Yermi Kaplan won a legal battle against the National Insurance Institute after a court recognized his 2006 stage fall as a workplace accident. Bituach Leumi was ordered to pay 5,000 shekels in legal fees.
Nearly two decades after suffering a neck and upper back injury during a stage performance in Jerusalem, musician Yermi Kaplan has secured a legal victory against the National Insurance Institute (Bituach Leumi), which had previously refused to recognize the incident as a workplace accident.
The case dates back to December 4, 2006, when Kaplan, born in 1961, was performing at a Jerusalem venue. During the show, while jumping and dancing on stage as part of his routine, he tripped over a guitar stand and fell. Despite experiencing immediate pain in his neck and upper back, he chose to complete the short set before notifying his production manager.
Medical documents from December 2006 and January 2007 confirmed that Kaplan sought chiropractic and orthopedic care shortly after the incident, with records explicitly noting that the pain began during a performance. However, Kaplan did not file an official claim with the National Insurance Institute until April 2024, nearly 18 years later.
The National Insurance Institute rejected the claim in April 2025, arguing that the significant delay caused severe evidentiary prejudice and prevented a proper investigation. Bituach Leumi also contended that by jumping on stage, Kaplan had voluntarily assumed a risk and that his condition stemmed from natural wear or prior medical issues.
Court Ruling and Legal Significance
Judge Tomer Silora, alongside public representatives Aharon Conforti and Yamit Peled, rejected the defense arguments at the Tel Aviv Regional Labor Court. The court ruled that Kaplan's stage movements are an integral part of his regular professional work as a performing artist and do not constitute voluntary risk-taking that voids insurance coverage.
Addressing the lengthy delay, the court noted that while the 18-year gap is substantial, it does not legally bar the foundational recognition of a workplace accident, particularly since Kaplan's testimony and supporting evidence from eyewitnesses were found to be credible. Furthermore, because Kaplan's counsel requested only fundamental legal recognition without appointing a medical expert for retroactive financial claims, the court focused solely on the nature of the incident.
The court ultimately ordered the National Insurance Institute to recognize the fall as a work accident and to pay Kaplan 5,000 shekels in legal costs and attorney fees.
