Israeli Court Awards 640,000 Shekels to Injured Worker Despite Physical Activity Evidence
The Magistrate's Court in Rishon Lezion recently ruled in favor of a 26-year-old man injured in a June 2022 car accident, ordering insurance company The Phoenix to pay him approximately 640,000 shekels in compensation. The plaintiff, who worked as an aluminum installer and was launching a pet supply business, collided with a vehicle ahead, suffering injuries to his neck, back, head, and ears. Medical experts appointed by the court assessed his combined medical disability at 16.86%, including orthopedic, ENT, and neurological impairments. The plaintiff claimed his functional disability was higher, at 30%, and attributed the closure of his business to his condition, seeking 2.5 million shekels in damages based on a combined monthly income of 32,570 shekels.
The Phoenix contested the causal link between the accident and his injuries, citing a prior 2020 work accident that resulted in a 19% permanent disability. The insurer also argued the plaintiff's disability had no significant functional impact, presenting video evidence showing him performing physically demanding tasks such as carrying heavy items, climbing walls, and drilling. Judge Nir Gancherski found the plaintiff's testimony credible but noted some exaggeration regarding his limitations. He acknowledged the videos demonstrated physical capability but emphasized that performing such tasks does not negate the presence of functional impairment or its future impact on earning capacity.
Despite the plaintiff's continued work and increased salary post-accident, the court recognized the risk of diminished earning ability over time due to his disabilities. The court equated his functional disability with the medical assessment and rejected claims for past wage loss, finding no proven link between the business closure and the accident nearly two and a half years later. The Phoenix was ordered to pay compensation for future earning capacity loss, pension deficits, assistance needs, medical expenses, travel costs, and pain and suffering, along with 15.34% attorney fees. The plaintiff was represented by attorney Shlomi Aronov, and The Phoenix by attorney Tahal Katz from the firm Tomer Zemer & Co.
