Question 1

What types of shoulder injuries give rise to a compensation claim?

Accepted Answer

Compensable shoulder injuries include: rotator cuff tears, shoulder dislocation, clavicle fractures, SLAP tears, shoulder impingement syndrome, brachial plexus injuries, and post-traumatic arthritis. Any shoulder injury caused by a road accident, workplace incident, fall, or assault can form the basis of a claim.

Question 2

How is disability assessed for a shoulder injury?

Accepted Answer

Shoulder injuries are assessed by an orthopaedic specialist at the medical committee. The assessment considers range of motion, strength, pain level, and functional limitations. Rotator cuff tears with persistent functional limitation typically attract a disability percentage of 10–30%, depending on severity. Adv. Elmaliach prepares clients to present the full extent of their limitation.

Question 3

I had a pre-existing shoulder condition — can I still claim?

Accepted Answer

Yes, in most cases. Israeli tort law applies the 'thin skull' (skull of eggshell) principle — a tortfeasor takes their victim as they find them. If a pre-existing condition was asymptomatic or stable, and the accident accelerated or worsened it, compensation is awarded for the acceleration. The claim may be reduced proportionally if the pre-existing condition would have caused similar problems anyway.

Question 4

What is the value of a shoulder injury claim in Israel?

Accepted Answer

The value depends on the disability percentage, the claimant's age and income, and the impact on daily life and work. For a working-age claimant with a 15–20% permanent disability, total compensation including pain and suffering, lost earning capacity, and medical costs can range from ₪150,000 to ₪500,000 or more.

Question 5

Can I claim for a shoulder injury caused at work?

Accepted Answer

Yes. A work-related shoulder injury — from lifting, a fall, or a workplace accident — entitles you to NII work accident benefits and, in appropriate cases, a civil claim against the employer for negligence. Both claims can proceed simultaneously.

Question 6

What if surgery is recommended for my shoulder injury?

Accepted Answer

Future medical costs — including surgery, physiotherapy, and rehabilitation — are a recoverable head of damage. Where surgery is medically indicated, the estimated cost should be included in the compensation claim. Adv. Elmaliach coordinates medical evidence to establish the need for and cost of future treatment.

Shoulder Injury Compensation in Israel

Shoulder Injury Claims

Frequently Asked Questions

Shoulder Injury Claim?