תוכן עניינים
Employer Liability for Workplace Safety: When to Sue
Every employer in Israel is legally obligated to maintain a safe working environment. When this obligation is breached and a worker is injured, the employer bears liability. Personal injury attorney at Lev-Taieb will advise you on your legal options.
The Legal Basis for Employer Liability
Employer liability for employee safety stems from multiple legal sources:
- The Work Safety Ordinance — imposes specific safety obligations on employers
- Tort Law, Sections 35-38 — negligence cause of action
- Personal Liability — employer is directly liable for injuries caused to employees in the course of work
- National Insurance Benefits — work accident benefits from the National Insurance Institute are separate from civil compensation
Types of Workplace Accidents that Establish Employer Liability
Falls
The most common workplace accident. Employer liability arises when: the floor was wet or slippery without appropriate warning, scaffolding or elevated work platforms lacked safety rails, there was inadequate lighting in the work area, or safety footwear was not provided.
Equipment and Machinery Accidents
Employer liability arises when: a machine lacked appropriate safety guards, the worker was not trained to operate the equipment, defective equipment was not replaced or repaired, or maintenance protocols were not followed.
Chemical and Hazardous Material Exposure
Employer liability arises when: workers were not provided with appropriate personal protective equipment, were not warned about the risks of the substances, or were not trained in safe handling procedures.
Ergonomic Injuries
Prolonged exposure to ergonomic hazards — repetitive strain, awkward postures, heavy lifting — can cause serious injuries. Employer liability arises when it was aware of the risk and did not take corrective measures.
Violence and Harassment at Work
An employer who knew or should have known about violence or harassment in the workplace and did not act to prevent it may be liable for resulting injuries.
National Insurance vs. Civil Lawsuit
A worker injured in a workplace accident is entitled to National Insurance benefits from the National Insurance Institute (NII). This is separate from the right to sue for civil damages.
National Insurance benefits include: temporary disability allowance during recovery, permanent disability pension if residual disability remains, rehabilitation, medical treatment.
Civil lawsuit damages include: pain and suffering, loss of earnings (including future earnings), medical expenses (not covered by NII), care costs, non-pecuniary damages.
In many cases it is possible and advisable to both claim NII benefits AND file a civil lawsuit against the employer.
The Limitation Period: When Must You Sue?
The general limitation period for personal injury claims in Israel is 7 years from the date of injury. However:
- For minors: the clock begins running at age 18
- For latent injuries (occupational diseases): from the date of discovery
- It is always advisable to consult an attorney as soon as possible — evidence may be lost over time
Employees’ Compensation: What Can Be Claimed?
Compensation in a workplace accident lawsuit can include:
- General damages: pain and suffering, reduced quality of life
- Past and future lost earnings: wages lost during medical leave and future earning capacity reduction
- Medical expenses: treatments, hospitalisations, future medical needs
- Care costs: when the injured person needs ongoing assistance
- Transportation and incidental costs
Proving Employer Liability
To succeed in a workplace accident lawsuit, four elements must be proven:
- The employer owed a duty of care to the worker
- The employer breached that duty
- The breach caused the accident
- The worker suffered damage as a result
Key evidence: accident investigation reports, safety inspection records, employer safety protocols (or lack thereof), expert opinions, workplace photographs, medical records, witness statements.
Frequently Asked Questions
I was injured but signed a “work accident” declaration. Can I still sue?
Yes. A work accident declaration to the NII does not waive the right to sue for civil damages. The two proceedings are separate.
My employer is pressuring me not to file a complaint. What should I do?
This is illegal. You have the right to file a complaint and to sue without fear of retaliation. Consult an attorney immediately.
The accident was partly my fault. Can I still sue?
Yes. Israeli law applies contributory negligence — compensation is reduced proportionally to your share of fault, but you are not barred from receiving compensation entirely.
I was hired through a manpower agency. Who is liable?
Both the placement agency and the host employer may be liable. An attorney will determine the appropriate defendants.
I suffered a work-related psychological injury (PTSD, work stress). Can I sue?
Yes. Psychological injuries are recognised as compensable. The connection between working conditions and the psychological condition must be proven through medical and professional evidence.
For a free consultation, contact Lev-Taieb personal injury attorneys. Phone: 072-2428822.
