In order to obtain compensation pursuant to the Compensation Law, you must submit a letter of claim to the mandatory insurance company of the vehicle involved in the accident, which you drove or rode. One of the questions investigated by the insurance company is whether the vehicle accident is also a work accident, and if so, what is the rate of the payment received from the National Insurance Institute. This information is very important for the insurance company, since the injured party can\u2019t receive \u201cdouble\u201d compensation, both from the National Insurance Institute and from the mandatory insurance company, due to the same damage. This is based on the principle which serves as the basis behind tort law, of restoring the injured party\u2019s condition to the way it was prior to the injury (restitution integrum<\/em>) as much as possible, which is not so simple, but is measured by a number of entities and types of damage determined in Israeli ruling precedent.<\/p>\n

Therefore, after the calculation of compensation payable as a result of the injured party\u2019s damages by the mandatory insurance company, pursuant to the Compensation Law, the insurance company performs what is called a \u201cdeduction of the National Insurance Institute\u2019s receipts,\u201d meaning it deducts the total amount of funds or receipts obtained from the National Insurance Institute on account of the accident, from the total amount of compensations payable to the injured party as a result of the road accident.<\/p>\n

Sometimes, and following the performance of the aforesaid deduction formula, the result is that the compensation payable to the injured party is \u201cswallowed up\u201d by the National Insurance Institute\u2019s receipts.<\/p>\n

Notional deduction<\/u>:<\/strong><\/h4>\n

This deduction is made with respect to the National Insurance Institute\u2019s payments \u2013 the Work Injury Division, from the compensation payable from the mandatory insurance company, meaning from the simultaneous\/additional track of the compensation claim, even if the injured party has not contacted the National Insurance Institute to obtain the payments payable by it as aforesaid, i.e. file claim for the payment of compensation for injury, as well as disability grants. In other words, the mandatory insurance company can notionally deduct the amounts that the injured party could have obtained from the National Insurance Institute, had they contacted it, both with respect to the injury and with respect to disability grants and\/or pension.<\/p>\n

If you have any other questions, or if you need legal assistance from an Israeli tort lawyer, you are welcome to contact us. Our offices are located in Jerusalem and Tel Aviv.<\/p>\n

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As we\u2019ve written in previous articles, work accidents can occur in a number of circumstances, one of them being a road accident which is a work accident. A work accident can take place in the workplace, as well as while commuting from home to the workplace, and back to the employee\u2019s home. This article explains…<\/p>\n","protected":false},"author":123,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[153,558],"tags":[],"class_list":["post-91836","post","type-post","status-publish","format-standard","hentry","category-labor-law-en","category-transport-law"],"acf":[],"yoast_head":"\n