Singer Yirmi Kaplan's Stage Fall Recognized as Work Accident After 18 Years

A fall sustained by singer Yirmi Kaplan during a performance in Jerusalem in December 2006 has been officially recognized as a work accident, nearly two decades after the incident. The Regional Labor Court in Tel Aviv ruled in Kaplan's favor against the National Insurance Institute (Bituah Leumi), accepting his claim based on his testimony, that of two witnesses present at the show, and medical documentation from around the time of the event. The court's decision is limited to recognizing the incident as a work accident, as Kaplan opted not to have a medical expert appointed and sought only the principle recognition. Therefore, the court did not delve into the medical connection between the accident and any resulting impairments.

The accident occurred on December 4, 2006, when Kaplan, while dancing and jumping on stage at the Open Bar in Jerusalem, tripped over a guitar stand and fell, injuring his neck and upper back. Despite the pain, he continued performing the short set of four to five songs. Afterward, he informed his production manager, Lital Lugasi, about the fall and his pain. He subsequently sought chiropractic treatment on December 10 and 17, and visited an orthopedist on January 2, 2007. The court found these medical records supported his account, with the chiropractic treatments linked to the fall and the orthopedist's notes explicitly mentioning the pain's onset during a performance.

Kaplan filed his claim with the National Insurance Institute only in April 2024, explaining that he was unaware for years that he could seek recognition for the injury as a work accident. He stated, "I didn't even know such a thing existed, nobody told me." He also explained that adrenaline affects pain perception during performances and that jumping is an integral part of his work.

The National Insurance Institute had initially rejected the claim, arguing that it was not proven that an accident occurred during and because of Kaplan's work. They also contended that the approximately 18-year delay in filing the claim caused severe evidentiary damage and hindered investigation. Furthermore, they argued Kaplan voluntarily assumed the risk by jumping on stage and that his condition might stem from natural illness or a pre-existing condition. However, the court, including Judge Tomer Silora and public representatives Aharon Conforti and Yemit Peled, rejected the attempt to separate the stage performance from his work as a singer. They determined that the jumps were an inseparable part of his regular work as a musician performing for an audience. The ruling emphasized that the National Insurance Institute serves as a safety net for employees injured in their work and that attributing contributory fault or negligence to the insured should not preclude basic recognition of the injury.

Testimonies from Lugasi and guitarist Ido Agmon, who performed with Kaplan that night, corroborated his account. Lugasi confirmed seeing him trip and fall, and Agmon recalled the stumble. The court gave full credence to their testimonies, stating they unequivocally strengthened Kaplan's version of events. Kaplan's own testimony also left a credible impression on the panel. Regarding the delay, the court distinguished between recognizing the accident and paying retroactive benefits. While acknowledging the evidentiary challenges of a late claim, it ruled that the delay itself does not negate the principle recognition of the injury, though it might limit retroactive payments. The court ordered the National Insurance Institute to pay Kaplan 5,000 shekels for legal expenses within 30 days. Both parties have the right to appeal to the National Labor Court within 30 days.