The upcoming Purim holiday, along with the joy, the sending of gifts, and costumes, also carries with it quite a few dangers of accidents: sparklers, firecrackers, and firecrackers are the least pleasant side of the colorful holiday of the year, and not only because of the bouncing noises, but mainly because of the real danger of bodily harm.
Alongside the dangerous games and accessories, there are also flammable costumes, which can also cause unfortunate accidents.
Just a year ago, a child lost an eye playing with a Purim air rifle, and there have been more than one report of children being injured when their costumes caught fire.
According to Attorney Little Bieber-Chaikin, many parents do not know this, but every child between the ages of 3 and 18 who attends an educational institution as defined in the Compulsory Education Law is insured with a personal accident insurance policy. According to her, the policy insures accidents caused to students 24 hours a day, all year round, including Saturdays, holidays and summer vacation.
In addition, the policy insures students everywhere, meaning even outside the walls of the kindergarten or school, and regardless of them, and even if the child had contributory responsibility for the accident.
However, Attorney Bieber Chaikin emphasizes that the policy does not cover injuries from traffic accidents in Israel or abroad, from hostile acts, from military activity, from work accidents, from medical negligence, and more.
In this context, it is important to note that parents of students who participate - voluntarily - in official activities of the educational institution, for example as companions on trips, are also insured under the policy.
According to Attorney Bieber-Chaikin - From the Bieber office to Koa Chaikin in Rishon LeZion - A student accident policy provides entitlement to compensation in the event of an accident that caused bodily harm that led to mild to severe disability, with the exception of a disability level lower than 5%, and a disability level due to aesthetic scars.
In addition, explains Attorney Bieber Chaikin, the policy provides compensation in the event that the student was physically incapacitated, as a result of which he was confined to bed, his home or a medical, rehabilitation or nursing facility for at least 21 consecutive days, subject to appropriate medical certifications. In such a case, the student will be entitled to compensation for each day of absence, starting from the sixth day.
""The personal accident insurance policy for students also covers expenses for medical aids and additional medical expenses that are not covered by the National Health Law and are not paid for by another source," continues Attorney Bieber Chaikin. "However, the policy does not cover expenses for dental treatments and/or medical consultations to determine disability percentages.".
The coverage provided for all medical aids needed by the injured party for the rental/borrowing period is for up to a period of 6 months and is limited to a certain amount, determined in the policy (approximately 1,175 NIS, indexed). The coverage provided for all medical expenses covered by the policy is limited to 10% of the total actual medical expenses for each accident, or 10% of the compensation to which the injured party is entitled, whichever is lower.
Attorney Bieber Chaikin explains that in order to be entitled to compensation under the personal accident insurance policy, proof of fault or negligence on any part is not required. "In fact, the cause of the accident is of no importance. It is enough that an accident occurred. For this reason, even a student who is injured in an accident at the playground in the afternoon, even due to his complete fault, may be entitled to compensation under the policy.".
According to Attorney Bieber-Chaikin, claiming compensation through the personal accident policy does not eliminate the possibility of filing additional claims for the same accident.
For example, in the case of an accident that occurred at the school due to a defect in the structure or a lack of necessary supervision by the teachers, it is possible to examine the possibility of suing the municipality or the Ministry of Education, to which the school and teachers belong.
Is your child injured inside or outside the school walls? This is what you should do
Attorney Bieber Chaikin provides tips for those injured in accidents while at school or afterwards, and advises on how to drive, step by step:
1. Go to the emergency room. After the accident, it is recommended to go to the emergency room at the nearest hospital and get checked out. The accident should be reported to the hospital, and you should remain under observation to receive continuous medical treatment. You should also follow the doctors' recommendations if you have any pain after the accident. You should keep all medical documents from the day of the accident onwards, including receipts for any medical expenses incurred.
2. Obtain appropriate medical certificates. If the student is unable to function and is confined to bed, relevant sick certificates must be provided.
3. Obtaining insurer details - To claim the policy, contact the school secretariat and request the details of the insurance company through which the student is insured, as well as to receive a claim form. The student's parents must fill out the claim form and submit it to the insurer.
3. Consult a lawyer expert. Unfortunately, insurance companies often shirk their obligation to pay compensation to the injured party under the insurance policy, either on the grounds that the accident does not meet the definition of an "accident" according to the terms of the policy or on the grounds that the damage caused does not amount to a disability that entitles them to compensation, and so on.
Therefore, in any case of an accident, it is recommended to consult a lawyer who specializes in filing claims against insurance companies, and to receive instructions on how to proceed in order to maximize compensation from the insurance company.
According to Attorney Bieber-Chaikin, a lawyer may often identify additional causes of action against other parties responsible for the accident, directly or indirectly. Identifying these causes may entitle the plaintiff to additional financial compensation.
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