Widow Awarded Millions After 18-Year Legal Battle Over Husband's Work-Related Death

An Israeli widow will receive approximately 1.9 million shekels and a lifelong monthly pension after an 18-year legal struggle with the National Insurance Institute (Bituah Leumi). Her husband, who worked for 40 years at the Dimona nuclear reactor in a unit handling radioactive materials, died of lung cancer. The National Labor Court upheld a lower court's ruling, recognizing his death as work-related.

Seven years after her husband's passing, the widow filed a claim for dependency benefits, asserting his cancer was caused by his employment as a "ionizing radiation worker." The National Insurance Institute initially rejected the claim, deeming the cancer a "natural illness." The case proceeded to the labor court.

A court-appointed medical expert determined there was a 50% probability that exposure to radioactive materials contributed to the cancer and that it was a significant factor leading to his death. The National Insurance Institute's repeated requests to replace the expert were denied.

The National Labor Court, led by Presiding Judge Sigal Davidov Motola, ruled that absolute certainty is not required to prove a link between the work injury and the death, only the most probable cause. The court criticized the lengthy duration of the proceedings, suggesting the Institute should consider such delays when deciding to appeal.

As a result of the ruling, the widow will receive the 1.9 million shekels, which includes adjusted back payments and accumulated dependency benefits. She will also receive a monthly pension and 12,000 shekels in legal costs. Attorney Danit Mazor, representing the widow, stated that despite the recognition of risks for reactor workers, the Institute made it difficult for the widow to receive recognition, a situation the court has now resolved.