Man Injured During Rocket Attack Recognized as Work Accident Victim

A 45-year-old man from Ashkelon has successfully sued the National Insurance Institute, securing recognition for injuries sustained during a rocket attack while en route to work. The incident, which occurred in October 2023, forced the man to return home, where he fell and sustained injuries. The Beersheba Regional Labor Court ruled that his fall, which occurred in a public area outside his home, constitutes a work accident.

The man was on his way to his job at the Barzilai Medical Center when rockets and interceptors exploded nearby. He rushed back home to reach a protected space. During his hurried return, he tripped on a step and fell, injuring his leg. The explosions also caused him ear injuries and led to psychological distress. The National Insurance Institute initially contested the claim, arguing that the injury occurred within his private residence and therefore was not a work-related accident, despite acknowledging the rocket attack as an act of hostility.

The core of the dispute centered on whether the man's decision to return home constituted a significant deviation from his work route, thereby severing the causal link to his employment. The man argued that his temporary return was a necessary and reasonable response to an emergency situation, maintaining the connection to his commute. The court, however, focused on the degree of control the individual had over the risks involved.

Presiding Judge Borovitz, along with employer and public representatives, determined that the man had no control over the life-threatening risks posed by the rocket attack. The court concluded that the fall, occurring in a public space where he had no control over the road hazards, was a direct consequence of the rocket attack and thus qualified as a work accident. The ruling recognized all three injuries, leg, ear, and psychological, as stemming from this work-related incident.