Yermi Kaplan’s Fall From the Stage Recognized as a Work Accident After 20 Years

A Fall During a Performance

On December 4, 2006, during a short performance at the Open bar in Jerusalem, Kaplan, who was dancing and jumping onstage, struck a guitar stand. He fell and injured his neck and upper back. The claim was submitted to the National Insurance Institute only in April 2024 and was denied.

Why the Institute Objected

The Institute argued that the occurrence of the incident itself had not been proven and that the delay of nearly 18 years caused significant evidentiary harm and made it difficult to investigate the circumstances. The Institute further argued that Kaplan had voluntarily assumed the risk by jumping onstage and raised the possibility that the musician’s condition was related to a natural illness or had existed previously.

What Evidence the Court Accepted

Judge Tomer Silora found the testimony of Kaplan, his production team manager Lital Lugasi, and guitarist Ido Agmon credible. Their statements were supported by medical documents: After the incident, the musician sought chiropractic treatment, and in January 2007 an orthopedist noted that the pain had appeared during the performance. The court also accepted Kaplan’s explanation that he had not known about his rights or that there was no statute of limitations for claims of this kind.

The Judgment’s Reasoning and Limits

The court rejected the voluntary assumption-of-risk argument: The movements and jumps were an integral part of Kaplan’s regular work as a musician performing before an audience. The court referred to the social-welfare purpose of the National Insurance Law and held that the insured person’s carelessness or fault, in and of itself, does not preclude recognition of a work accident. However, the delay may limit retroactive payments; the court did not address the medical causal link between the incident and Kaplan’s current condition because he sought only recognition of the incident in principle.

Legal Costs

The National Insurance Institute was ordered to pay Kaplan a total of 5,000 shekels for expenses and attorneys’ fees. The case number was not specified in the original article.

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