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Legal glossary

30 terms from road accidents, National Insurance, torts, insurance and employment, each defined from the section of law that sets it out.

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Road accidents

Road accident

An event in which a person suffers bodily injury as a result of the use of a motor vehicle for transport. The Law adds further cases treated as road accidents, such as the vehicle exploding or catching fire in certain circumstances.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 1

Bodily injury

Death, illness, or physical, mental or intellectual injury or impairment, including damage to a device attached to the body that is needed for an organ to function.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 1

Use of a motor vehicle

Travelling in the vehicle, getting in or out, parking, pushing or towing it, and roadside maintenance or repair, under the conditions in the definition.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 1

The user's liability

The user of a motor vehicle must compensate a person for bodily injury suffered in a road accident involving the vehicle, without the injured person having to prove the user was at fault.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 2

Exclusive cause of action

A person with a claim under the Compensation Law for a road accident cannot sue for the bodily injury under the Civil Wrongs Ordinance, unless the accident was caused intentionally by someone else.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 8

Interim payment

A payment made on account of compensation within 60 days of a written demand: medical expenses and monthly payments for treatment, care and living needs until the final decision.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 5

Road Accident Victims Compensation Fund (Karnit)

The fund compensates an injured person entitled under the Law who cannot claim from an insurer, for example where the responsible driver is unknown or has no insurance covering the liability.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 12

Court-appointed medical expert

An expert appointed to give an opinion on the injured person's medical disability. The parties may question the expert and send written clarification questions, but may not bring another expert on the same issue without the court's leave.

Source: Road Accident Victims Compensation Law, 1975 (Hebrew), s. 6A

Pain and suffering

In road accidents, compensation for non-pecuniary damage follows the regulations: a percentage of an index-linked maximum per hospital day and per point of disability, with an age deduction on the disability part.

Source: Road Accident Victims Compensation Regulations (Non-Pecuniary Damage), 1976 (Hebrew), regs. 2–4 · More

National Insurance

Work accident

An accident in the course of and because of work for the employer or on the employer's behalf; for a self-employed person, in the course of and because of their occupation.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), s. 79

Occupational disease

A disease listed in regulations as an occupational disease, contracted because of the insured person's work.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), s. 79

Injury allowance

A benefit for someone unable, because of a work injury, to do their work or other suitable work, for up to 13 weeks per injury, at three quarters of the usual wage up to a ceiling.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), ss. 92, 97

Work-disability pension

A monthly pension for a person with a stable work-disability degree of 20% or more, or a non-stable degree of 9% or more.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), s. 104 · More

Work-disability grant

A one-off payment where the stable work-disability degree is at least 9% but below 20%: the monthly pension times 43.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), ss. 104, 107 · More

Medical committee

A doctor or medical committee decides, under rules set in regulations, whether and to what extent the disability results from the work injury, and the degree of disability.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), s. 118

Medical appeals committee

The committee that hears an appeal against a medical committee's decision. In work-injury cases the appeal is filed within 30 days of receiving the decision, and the committee may confirm, cancel or change it.

Source: National Insurance Regulations (Degree of Disability of Work-Injury Victims), 1956 (Hebrew), regs. 27–30

Weighted disability

How several impairments are combined: they are ordered from highest to lowest, the first counts in full, and each further one is applied only to the remaining capacity.

Source: National Insurance Regulations (Degree of Disability of Work-Injury Victims), 1956 (Hebrew), reg. 11(b) · More

Regulation 15

A provision allowing the committee to set a stable degree up to half higher than under the standard tests, having regard to the person's occupation and age. Occupation is taken into account where the person cannot return to their work and the disability has substantially reduced their earnings. Where the degree is below 20%, the result cannot exceed 19%.

Source: National Insurance Regulations (Degree of Disability of Work-Injury Victims), 1956 (Hebrew), reg. 15

Deterioration

A request to reassess a work-disability degree, six months after the last decision and with a doctor's written confirmation that the impairment worsened or a new one appeared.

Source: National Insurance Regulations (Degree of Disability of Work-Injury Victims), 1956 (Hebrew), reg. 36

General disability

A benefit for people whose earning capacity is impaired. A prerequisite is medical disability of at least 60%, or 40% where one impairment is at least 25%; incapacity is set at 60%, 65%, 74% or 100%.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), ss. 208, 209

The Institute's claim against a third party

Where the event that gives rise to a benefit also gives rise to damages against a third party, National Insurance may claim the benefit it paid or will pay from that party. In road accidents the benefit is deducted from the damages instead (s. 328A).

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), s. 328

Time limit for a benefit claim

A claim for a cash benefit is filed within 12 months of the day the cause arose. On a late claim, the benefit is paid for no more than the 12 months before the month of filing.

Source: National Insurance Law [Consolidated Version], 1995 (Hebrew), s. 296

Torts and insurance

Negligence

An act or omission that a reasonable and prudent person would not have done in the circumstances, towards someone owed a duty of care, causing them damage.

Source: Civil Wrongs Ordinance [New Version] (Hebrew), ss. 35–36

Contributory fault

Where the damage is partly the injured person's own fault, the claim does not fail, but the damages are reduced by the share the court considers just.

Source: Civil Wrongs Ordinance [New Version] (Hebrew), s. 68

Limitation period

A claim not concerning land becomes time-barred after seven years. Time before the claimant turned 18 is not counted.

Source: Prescription Law, 1958 (Hebrew), ss. 5, 10

Limitation in insurance

A claim for insurance benefits is time-barred three years after the insured event, and five years in life, illness and hospitalisation and long-term care insurance. For disability from illness or accident, time runs from the day the right to claim arose under the policy.

Source: Insurance Contract Law, 1981 (Hebrew), s. 31

Employment

Severance pay

Someone who worked a continuous year for one employer and was dismissed is entitled to severance. For a salaried employee: one month's pay per year of work, with a part year paid pro rata.

Source: Severance Pay Law, 1963 (Hebrew), ss. 1, 12 · More

Prior notice

The period between notice of dismissal or resignation and the end of work. For a monthly employee after a year it is one month; for shorter service it depends on the months worked.

Source: Prior Notice of Dismissal and Resignation Law, 2001 (Hebrew), ss. 3–4 · More

Payment for unused leave

An employee who leaves before taking the leave due receives the holiday pay they would have been paid had they taken leave on their last day.

Source: Annual Leave Law, 1951 (Hebrew), s. 13

Sick pay

Pay for days absent through illness: the first day unpaid, the second and third at half, from the fourth in full. Days accrue at one and a half per month of work, up to 90.

Source: Sick Pay Law, 1976 (Hebrew), ss. 2, 4

Short definitions for orientation. The full wording, exceptions and case law decide how a term applies to a particular case. This is not personal legal advice.

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