Labor Court Rejects Claim for Work Accident Benefits Due to Late Filing
Translated & summarized from Ice by baba
The story in 5 lines · by baba
- Labor court rejected a work accident claim due to late filing.
- Claimant was shot outside his home four years ago.
- Court found insufficient evidence the shooting occurred during work.
- Medical condition claim also dismissed for lack of proof.
- National Insurance Institute had previously denied the claim.
The Regional Labor Court in Tel Aviv has rejected a claim filed by a self-employed individual who was shot outside his home approximately four years ago. The claimant alleged that he was shot while unloading tools from his vehicle after returning home from installing an air conditioner. The National Insurance Institute (Bituah Leumi) initially denied his claim in August 2023, and this decision was upheld in January 2024 after a request for reconsideration. The lawsuit was only filed with the court on November 12, 2024.
The court, presided over by Senior Judge Hadas Yaloum, ruled that the deadline for filing the claim should be calculated from the date of the initial rejection letter. It determined that the request for reconsideration did not restart the clock for filing. The court also dismissed the claimant's argument that his medical condition prevented him from filing on time, as no supporting medical documents were presented, nor was a request for an extension filed.
Furthermore, the court examined the assertion that the shooting occurred during work hours and found the evidence insufficient. While the claimant presented correspondence with his accountant regarding the air conditioner installation, discrepancies were noted in his account of the work timeline. A receipt for the air conditioner purchase was dated July 4, 2022, while a receipt issued by the claimant to his accountant, purportedly related to the shooting date, did not align with the sequence of other invoices. The accountant and the claimant's parents, who stated the air conditioner was installed at their home, were not called to testify.
Although police reports confirmed the shooting took place outside the claimant's home, the court concluded this did not prove the incident occurred after a workday. Ultimately, the claim for a work accident was denied both due to the late filing and the insufficient evidence presented regarding the circumstances of the incident. The court did not award costs.
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