Labor Court Rules Ashkelon Rocket Trauma Qualifies as Work Injury
A labor court ruled that a hospital worker's PTSD and hearing loss from an Ashkelon rocket attack days after October 7 are work injuries, recognizing a continuous chain of events.
The Beersheba Regional Labor Court has ruled that psychological and auditory injuries sustained by a Barzilai Medical Center employee during a rocket attack in Ashkelon days after the October 7 outbreak must be recognized as work-related injuries.
The incident occurred on October 11, 2023, at approximately 13:30, as the employee was heading to his car for an afternoon shift. Noticing rocket interceptions in the sky without a preceding siren, he ran back toward his home to reach a safe room, tripped over a step at the entrance, and injured his right ankle before managing to enter the shelter.
Extension of Work-Related Recognition
Before he could even close the shelter door, a rocket struck near his home. Consequently, the worker suffered from post-traumatic stress disorder (PTSD), hearing loss, and tinnitus. While the National Insurance Institute (Bituach Leumi) initially recognized the ankle injury as work-related, it classified the psychological and auditory conditions solely as hostile-action injuries.
«The return to the home was not for personal needs, but an immediate action forced upon him by the rocket attack to reach the nearest safe space.»
The National Insurance Institute argued that a distinction should be drawn between the fall outside the house while commuting to work and the injuries caused after entering the home safe room. However, Judge Abigail Borovitch rejected this stance, emphasizing that the worker lacked control over the rocket barrage and that returning home was an unplanned emergency measure.
Single Continuous Chain of Events
The court determined that stepping back inside during wartime emergencies does not sever the commute to work, noting that venturing out in Ashkelon shortly after October 7 involved extreme security risks. Ultimately, the court ruled that the incident constituted a single continuous chain of events, ordering all three injuries—the ankle, the mental health condition, and the hearing impairments—to be officially recognized under labor laws. The National Insurance Institute was also ordered to pay 5,000 shekels in legal costs.
