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Workplace Injury Ruling

Court Awards Railway Worker $95K

Rishon Lezion Magistrate Court ruled that a safety inspector's fall while exiting a train carriage at Nahariya station constituted a traffic accident, entitling him to substantial compensation despite Israel Railways' objections.

Israel train

A momentary loss of balance on train carriage steps transformed a veteran railway employee's routine workday into a protracted legal battle. What began as an apparently straightforward workplace accident at Nahariya station evolved into a landmark court ruling that challenges conventional definitions of traffic accidents and establishes new standards for compensation obligations by major transportation companies.

The lawsuit stemmed from a serious accident six years ago. The plaintiff, who worked as a safety inspector for Israel Railways, arrived with the train carriages at the final station in Nahariya. After professionally verifying that no passengers or belongings remained on board, he began descending from the train. His foot then became caught in the bottom step. He stumbled forcefully and fell onto the platform, with his leg trapped between the carriage and the platform edge.

At the Rishon Lezion Magistrate Court, the plaintiff's attorneys argued that this constituted a traffic accident in every legal sense, since the injury occurred during the act of exiting—defined by law as transportation-related use of a vehicle. Israel Railways, however, attempted to sever the legal connection, claiming that once the train reached the station, the journey had ended, and that inspecting the carriages was a separate action that broke the sequence.

Deputy President Judge Dov Gottlieb firmly rejected the defendant's position in a detailed and unambiguous ruling. The judge pointed to a tight and clear timeline: the train arrived at the station at 8:58 p.m., the doors closed at 9:00 p.m., and five minutes later, at 9:05 p.m., the fall occurred. Judge Gottlieb emphasized that this represented a continuous chain of actions that merge together, dismissing the attempt to create an artificial separation between the journey's end and the exit, while determining that this was clearly a transportation-related risk.

Medical examinations revealed serious physical damage. An MRI scan exposed a labral tear in the left shoulder, which led to complex arthroscopic surgery in January 2021 and an extended rehabilitation period that included physiotherapy and hydrotherapy treatments. The National Insurance Institute determined permanent orthopedic disability at 10%, and the court adopted this assessment for functional impairment as well.

Ultimately, the court assessed the plaintiff's damages at 504,097 shekels (approximately $154,000). After deducting 192,511 shekels in benefits paid through National Insurance, Israel Railways was ordered to pay final compensation of 311,586 shekels (approximately $95,000), plus attorney's fees of about 40,500 shekels, VAT, and court costs.

The ruling represents a significant precedent in defining traffic accidents within public transportation, clarifying that transportation companies cannot evade responsibility for injuries occurring during the sequence of travel operations, even when they happen after the vehicle has reached its destination.

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