What Is an Occupational Disease Recognized as a Work Accident

By: Attorney Michael Lev

What Is an Occupational Disease Recognized as a Work Accident

A disease that develops as a direct result of exposure to harmful factors at work or during the performance of work-related duties is called an occupational disease. Under the National Insurance Law, such a disease has the same status as a work accident, meaning that an injured worker is entitled to the same rights as an ordinary work accident victim.

The central basis for recognizing an occupational disease is the direct causal connection between working conditions and the development of the disease. This includes exposure to chemical substances, vibrations, noise, radiation, or repetitive monotonous movements that place prolonged strain on the body. It is important to know that recognition in such matters requires detailed medical and professional proof.

Common Types of Occupational Diseases in Israel

Several main categories of occupational diseases are recognized under Israeli law. At the forefront are respiratory diseases: asbestosis caused by prolonged asbestos exposure, silicosis from silica dust, and other lung diseases resulting from exposure to various industrial dust particles.

An additional and highly significant category is musculoskeletal injuries. These injuries are generally caused by repetitive actions or heavy physical work involving load-bearing. For example: burns from clothing, lower back problems, and the well-known carpal tunnel syndrome — a common phenomenon among office and keyboard workers. Skin diseases caused by exposure to various chemical substances cannot be ignored, and there are also psychological aspects: mental problems caused by prolonged professional stress or traumatic workplace experiences.

Steps for Recognition and Receiving Compensation

To receive recognition of an occupational disease, one must apply to the National Insurance Institute within two years from the moment the worker discovered the disease or understood its connection to his work. The application requires completing a special form accompanied by detailed medical documentation fully proving the existence of the disease and its direct connection to working conditions.

The National Insurance Institute forwards the application for review by a medical committee, composed of experts in fields relevant to the disease in question. The committee examines the injured person’s medical history, examines the work environment, and determines the level of exposure to harmful factors. Sometimes a workplace investigation or advanced medical examinations are required to complete the assessment.

If the application is accepted and recognized, the worker is entitled to a monthly allowance calculated according to the disability percentage determined by the committee, coverage of all medical expenses related to the disease, and also a one-time compensation in accordance with legal provisions. In cases of death caused by the occupational disease, family members will receive widows’ and orphans’ allowances accordingly.

Additional Rights and the Importance of Legal Counsel

A worker whose disease is recognized as an occupational disease can file an additional civil lawsuit against the employer. This option is especially open when it can be proven that the employer acted negligently in matters of workplace safety or did not provide adequate protective equipment.

He also has the right to professional rehabilitation and retraining when the disease prevents him from continuing in his original position. The state provides assistance in finding suitable employment that matches his new health condition. It should be noted that in certain cases it is possible to receive retroactive recognition of an occupational disease, even years after leaving work.

When dealing with complex cases or when the application is rejected, it is essential to seek legal advice. An experienced lawyer in the field of workers’ rights can assist in preparing the application, filing an appeal against the National Insurance Institute’s decision, and filing additional lawsuits against the employer if necessary.

Disclaimer: This article is intended for explanatory purposes only and does not constitute legal advice. For information tailored to your personal situation, please consult an attorney specializing in this field.

Need legal advice on occupational diseases? Contact us to receive professional guidance tailored to your case. We are here to help you obtain all the rights you deserve.

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