Israeli Court Awards Nearly 500,000 Shekels to Injured Palestinian Construction Worker
A Palestinian construction worker injured in a fall from a ladder at a Jerusalem worksite in July 2019 has been awarded nearly 500,000 shekels in compensation by the Nof HaGalil Magistrate's Court. The 35-year-old resident of the Bethlehem area fell from a four-meter-high wooden ladder while working without a safety harness or proper training, suffering multiple injuries. The court ruled that his employers and the construction contractor were negligent for failing to provide safety equipment and training, assigning them 95% of the responsibility for the accident.
The worker was taken unconscious to Shaare Zedek Medical Center, regaining consciousness about 20 minutes after ambulance arrival. The National Insurance Institute recognized the incident as a workplace accident, assigning a permanent disability rating of approximately 10%. The worker also developed acrophobia (fear of heights), which further impairs his ability to return to construction work. The court assessed his combined medical and functional disability at 16.5%.
The employers argued that ladder use does not require special expertise and blamed the worker for the accident, seeking to attribute 90%-100% contributory negligence to him. However, Judge Ragad Zoabi rejected this, finding only 5% contributory negligence on the worker's part due to insufficient caution. The judgment criticized the employers' unsafe work practices, noting the absence of safety harnesses, lack of additional personnel to secure the ladder, and failure to provide safety training.
The court ordered the employers, the contractor, and their insurer Harel to pay 365,286 shekels for damages after deducting contributory negligence and National Insurance payments. Additionally, the worker was awarded 102,207 shekels for legal fees and court costs. The ruling highlights the legal obligation of employers in Israel to ensure workplace safety and provide proper training, especially for work at heights.
