Tel Aviv Labor Court Recognizes Delivery Driver’s Safe Driving Course Injury as Work Accident

A 40-year-old delivery driver injured during an advanced safe driving course in May 2022 has won a legal battle recognizing his injury as a work accident. The Tel Aviv Labor Court ruled in favor of the driver, who worked in his family business at the Levinsky Market and was encouraged and financially supported by his father, his employer, to attend the course in Ben Shemen Forest. The driver had previously undergone basic training and was enrolled in the advanced course following a prior accident.

The driver applied to the National Insurance Institute (Bituach Leumi) to recognize the injury as work-related, but his claim was initially rejected in August 2023 on the grounds that the accident did not occur "during and because of work." He then filed a lawsuit, arguing the course was a work-related activity initiated by his employer father, necessary due to his daily workload of about 20 deliveries involving heavy loads on his motorcycle, requiring proper riding skills.

The court rejected Bituach Leumi’s argument that the course was a private activity unrelated to work, noting the low speeds during the course and the absence of extreme riding stunts, which distinguished it from an "extreme riding" course. Judge Sima Kramer emphasized the direct interest of the employer in the driver’s safety and ruled the course was an ancillary work activity. Consequently, the injury was recognized as a workplace accident.

Bituach Leumi was ordered to pay 3,000 shekels in legal expenses and to submit a medical opinion within three weeks or request a neutral medical expert appointment. The ruling highlights the court’s recognition of employer-initiated safety training as integral to work duties, even in family-run businesses.