Lawyers
Occupational Disease Claims and Disability Benefits in Israel
An occupational disease is a medical condition that develops as a direct result of an employee’s working conditions. When such a disease impairs the employee’s ability to work, the employee may be entitled to receive work disability benefits from the National Insurance Institute—provided the disease appears in the Institute’s regulations and a medical committee determines a disability of at least 9%.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Recognized Occupational Diseases — Examples
Not every illness caused by working conditions qualifies as a recognized occupational disease. To receive work disability benefits, the condition must appear on the closed list of diseases established by the National Insurance Institute in its regulations. Recognized occupational diseases include: diseases of the joints, muscles, and bones; respiratory system diseases such as asthma and silicosis; nervous system disorders; various forms of poisoning including chromium, lead, mercury, and phosphorus; hearing impairment due to noise exposure, such as tinnitus; various skin diseases; and certain cancers such as skin or lung cancer.
Work Disability Benefits for Occupational Disease
An employee who has contracted a recognized occupational disease is entitled to work disability benefits from the National Insurance Institute to compensate for the loss of earning capacity. To receive compensation, the employee must file a formal claim and appear before a medical committee to determine the disability percentage. A disability rating of 0–19% entitles the employee to a one-time grant, while a rating of 20% or higher entitles the employee to a monthly benefit. Disability ratings below 9% do not qualify for any payment.
Why Legal Representation Is Essential
To maximize the likelihood of a successful claim, it is strongly recommended to engage a law firm that specializes in occupational disease and social security law. An experienced attorney will prepare the claim, gather medical evidence, and represent the employee before the medical committee. In some cases, the condition may not appear on the official list but may qualify for recognition as microtrauma. Additionally, the employee may have a separate cause of action against the employer. Professional legal counsel ensures that the employee receives the full compensation available from all sources.
Filing a Claim Against the Employer
In many occupational disease cases, the employee has an additional cause of action against the employer. This arises when the employer failed to provide safe working conditions and breached the duty of care to prevent workplace hazards. Had the employer fulfilled this obligation, the employee’s illness could have been avoided. This claim may be filed regardless of whether the disease appears on the National Insurance Institute’s official list. Even if the disease is listed but the National Insurance rejected the employee’s claim, the lawsuit against the employer remains viable because it is independent of the National Insurance decision.
Were you injured due to your working conditions? Contact us to schedule a consultation during which a legal expert will evaluate the merits of your claim.
With years of experience navigating the complexities of National Insurance proceedings, Mor & Co. understands the challenges involved. Our deep legal knowledge and extensive experience representing clients before the National Insurance Institute and the Labor Court equip us to deliver outstanding results. Unlike rights-extraction companies that lack the legal authority to represent clients before medical committees, our attorneys personally accompany you to hearings and ensure that due process and natural justice are upheld. From the initial claim filing through the preparation of your complete medical file, we protect your interests at every stage. Contact us today at 02-595-3322 or via WhatsApp at 050-441-1343.