Approximately 7 million shekels in compensation for a worker who fell from a height at a construction site
Apr 4, 2020
From: Attorney Shikma Levi Ezra, Claims and Contracts
The Haifa District Court awarded compensation of approximately 7 million shekels to a construction worker in his 40s who fell while working from a height, resulting in severe bodily injuries. Damage that transformed him from a healthy, athletic man into a broken man. A man who is completely paralyzed in both legs, suffers from serious urological problems and needs 24/7 nursing care. This human and unfortunate case confirms what was recently published in a multi-year review by the Ministry of Labor, that approximately 58% of fatal work accidents in Israel occur on construction sites, and that the main cause of serious accidents is a fall from a height (almost 50% of cases). The case also teaches us once again how a work accident in the construction industry can end up in court as part of a civil lawsuit. That is, not only will the worker be entitled to various benefits from the National Insurance Institute by virtue of being a work injury victim (approximately 3.8 million shekels), but the path is open to him to file a direct lawsuit against various parties, including the employer, the main contractor, and even the person who commissioned the work.
Moreover, even though the employee in the above case earned an average salary of only about 8,000 shekels, the compensation awarded to him quickly climbed to about 7 million shekels. This is due to a series of heads of damage, including loss of past wages, loss of future earnings, loss of pension, assistance from others, mobility expenses, housing adjustments, medical expenses, related expenses, and non-pecuniary damage.
From: Attorney Shikma Levi Ezra, Claims and Contracts
The Haifa District Court awarded compensation of approximately 7 million shekels to a construction worker in his 40s who fell while working from a height, resulting in severe bodily injuries. Damage that transformed him from a healthy, athletic man into a broken man. A man who is completely paralyzed in both legs, suffers from serious urological problems and needs 24/7 nursing care.
This human and unfortunate case confirms what was recently published in a multi-year review by the Ministry of Labor, that approximately 58% of fatal work accidents in Israel occur on construction sites, and that the main cause of serious accidents is a fall from a height (almost 50% of cases).
The case also teaches us once again how a work accident in the construction industry can end up in court as part of a civil lawsuit. That is, not only will the worker be entitled to various benefits from the National Insurance Institute by virtue of being a work injury victim (approximately 3.8 million shekels), but the path is open to him to file a direct lawsuit against various parties, including the employer, the main contractor, and even the person who commissioned the work.
Moreover, even though the employee in the above case earned an average salary of only about 8,000 shekels, the compensation awarded to him quickly climbed to about 7 million shekels. This is due to a series of heads of damage, including loss of past wages, loss of future earnings, loss of pension, assistance from others, mobility expenses, housing adjustments, medical expenses, related expenses, and non-pecuniary damage.
The skeleton contractor – the main responsible party; the executing contractor – the additional responsible party
In terms of liability, it is important to note that the injured party was not a direct employee of the performing contractor, who was defined as the main contractor (and the performer of the work) after receiving the work from the client. He was an employee of a skeleton contractor who performed work at the construction site as a subcontractor through his employees. The injured worker filed his claim against three:
The work is ordered.
The main contractor.
The skeleton contractor – his direct employer.
Because the client appointed a main contractor for the project, the claim against him was dismissed in its entirety. During the legal process, it was determined that both the skeleton contractor and the main contractor were negligent towards the worker, and the division of liability was set at 70% for the skeleton contractor and 30% for the main contractor.
In terms of liability, it is important to note that the injured party was not a direct employee of the performing contractor, who was defined as the main contractor (and the performer of the work) after receiving the work from the client. He was an employee of a skeleton contractor who performed work at the construction site as a subcontractor through his employees. The injured worker filed his claim against three:
The work is ordered.
The main contractor.
The skeleton contractor – his direct employer.
Because the client appointed a main contractor for the project, the claim against him was dismissed in its entirety. During the legal process, it was determined that both the skeleton contractor and the main contractor were negligent towards the worker, and the division of liability was set at 70% for the skeleton contractor and 30% for the main contractor.
Why is the subcontractor found liable?
Most of the criticism in the ruling was directed at the scaffolding contractor, who was the direct employer of the injured worker. The ruling determined that the scaffolding contractor violated its duty of care by failing to implement safe work practices, instructing its workers on safety rules, equipping them with appropriate safety equipment, and warning them of the dangers they would face in their work.
Most of the criticism in the ruling was directed at the scaffolding contractor, who was the direct employer of the injured worker. The ruling determined that the scaffolding contractor violated its duty of care by failing to implement safe work practices, instructing its workers on safety rules, equipping them with appropriate safety equipment, and warning them of the dangers they would face in their work.
מסמכים
