Important Ruling on Work Accident Compensation: When Is an Injured Worker Not Entitled to Additional Damages?

By: Attorney Moshe Taieb

Important Ruling on Work Accident Compensation: When Is an Injured Worker Not Entitled to Additional Damages?

At our firm, we represent many workers who are injured in road accidents during the course of their employment. Recently, a Supreme Court ruling (C.A. 1972/23) addressed a difficult question: when is a worker injured in a road accident entitled to additional compensation beyond the National Insurance Institute benefits? In this decision, the court ruled that a worker injured in an employer’s vehicle during the performance of his work is not entitled to the additional compensation specified in Section 330(g) of the National Insurance Law.

How It All Began: An Accident During a Work Mission

The case involved a scaffold worker who was seriously injured in a road accident on February 28, 2014. He was traveling to a client as part of his work duties. The National Insurance Institute recognized the accident as a work accident and determined that the worker suffered a fixed disability of 66%. So far, clear. The remaining question was: was the worker entitled to an additional 25% of the compensation amount under Section 330(g)?

The critical question was: was the motorcycle owned by the employer or by the worker himself? On paper, the vehicle was registered in the name of the worker’s son-in-law, the vehicle owner. According to the worker’s claim, he purchased the motorcycle himself but registered it in his son-in-law’s name for convenience purposes.

What the Court Found: Credibility and Lack of Disclosure

The district court reached an important finding: the worker and his supporters are not credible. The reason was serious: they concealed vital documents and did not bring witnesses who could have supported their version. In our firm we see this again and again. Lack of consistency, concealment of evidence, failure to disclose — all of these can lead to collapse of another claim.

Consistent with the findings, the court ruled that the motorcycle was owned by the employer. The implication was clear: the accident occurred “in the employer’s vehicle and in his service.” Due to this ruling, the claim for additional compensation was dismissed. We use this ruling to demonstrate to our clients the value of careful decision-making in legal proceedings.

The Supreme Court’s Position: Factual Determinations and Credibility

In its appeal, the Supreme Court dismissed the claim on one key ground. The legal principle is that the appellate court will not interfere with factual determinations made on the basis of direct observation by the trial judge. Justice Amit emphasized that “we have no place to interfere in the credibility determinations made by the trial court,” when those determinations are based on the conduct of concealing documents and refusing to bring witnesses.

This is a point that recurs in our work constantly. When parties present a false position, or when they withhold full disclosure, it damages the entire case. The court tries to find the truth, and credibility is the currency of that inquiry.

What Does This Mean: Implications for Workers and Employers

This ruling conveys several clear lessons. For workers: if you use a vehicle during work, make sure ownership is clearly and precisely documented. Every relevant document must be preserved and can be presented to the court. In an accident, disclose everything. Do not try to conceal documents or change facts.

For employers: when you put a vehicle at your workers’ disposal, you are effectively protecting them from a claim for the additional compensation under Section 330(g). This can be an economy in insurance premiums in the long run. But it also means you must have proper insurance and registration of every vehicle used for work.

For a free consultation on road accident and work accident compensation, contact us now.

The above does not constitute legal advice. For advice appropriate to your specific circumstances, contact our office.