Musician Yirmi Kaplan's Stage Fall Recognized as Work Accident After 20 Years
Translated & summarized from Davar by baba
A Tel Aviv labor court recognized musician Yirmi Kaplan's 2006 stage fall as a work accident, overturning the National Insurance Institute's rejection. Kaplan filed his claim nearly 18 years later, citing ignorance of his rights and the lack of a statute of limitations for such claims. The court found his testimony credible, dismissed claims of voluntary risk-taking, and acknowledged the delay but did not let it negate his eligibility for recognition. The National Insurance Institute was ordered to pay Kaplan 5,000 shekels.
The story in 5 lines · by baba
- Musician Yirmi Kaplan's 2006 stage fall was recognized as a work accident by a Tel Aviv labor court.
- The court rejected the National Insurance Institute's claims of voluntary risk and significant delay.
- Kaplan testified he was unaware of his rights and the lack of a statute of limitations for claims.
- The ruling acknowledges the 18-year delay but upholds the principle of work accident recognition.
- The National Insurance Institute must pay Kaplan 5,000 shekels in expenses and legal fees.
A Tel Aviv Regional Labor Court last week recognized a stage fall by musician Yirmi Kaplan 20 years ago as a work accident. Kaplan had stumbled over a guitar stand and fallen during a performance at the Open Bar in Jerusalem on December 4, 2006, sustaining injuries to his neck and upper back. The musician filed his claim with the National Insurance Institute in April 2024, nearly 18 years after the incident, but it was initially rejected.
The National Insurance Institute argued that the event was not proven, that the significant delay prejudiced their ability to investigate, and that Kaplan's jumping on stage constituted voluntary assumption of risk. They also suggested his medical condition might stem from natural illness or a pre-existing condition.
Kaplan testified that he was unaware of his rights at the time, including the fact that there is no statute of limitations on National Insurance claims, and that injuries sustained during performances were not typically considered grounds for compensation in his profession. He stated that the delay was unintentional and that he would have filed sooner had he known.
Judge Tomer Silora accepted Kaplan's account, deeming his testimony and that of two witnesses, production manager Lital Lugasi and guitarist Ido Agmon, credible and supported by medical documentation. The court dismissed the National Insurance Institute's claim of voluntary assumption of risk, ruling that Kaplan's energetic performance was an integral part of his work. The court also noted that the National Insurance Law is intended as a social safety net and that negligence should not disqualify an employee from recognition of a work accident.
Regarding the delay, the court acknowledged the evidentiary difficulties it presented but ruled that it did not negate the fundamental right to recognition. However, it noted that the delay might limit the ability to receive retroactive financial benefits. Kaplan sought only the principle recognition of the event as a work accident and did not pursue a medical expert to link it to his current condition, so the court did not rule on that aspect. The National Insurance Institute was ordered to pay Kaplan 5,000 shekels in expenses and legal fees.
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