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A Tinnitus Sufferer Is Suing His Insurance For Occupational Tinnitus: The Tragedy Of Naor Eliezer R.i.p
Tinnitus refers to any auditory perception not directly produced by an external stimulus. It is commonly described as constant or frequent sounds in your ears, such as ringing, swooshing, roaring, rushing, hissing or buzzing.
The sound or noise may be heard in both ears, one ear, in the middle of the head or it may be difficult to pinpoint its exact location. The noise may be low, medium or high-pitched. There may be a single noise or two or more components. The noise may be continuous or it may come and go.
When a Tinnitus Sufferer is suing the insurance company for Occupational Tinnitus, he is very disappointed. The Severe Tinnitus includes many other associated symptoms such as: hyperacusis, insomnia, irritability, inability to concentrate, fatigue, weakness, anxiety, pessimism, low productivity at work and low mood.
For all these and many other symptoms the sufferer gets only few percentages of incapacity. For the symptoms that are not the tinnitus itself, the patient is asked to sue the insurance for emotional incapacity.
Most of my knowledge in the field of the “legal aspects of Tinnitus” came from the great man: Mr. Naor Eliezer rest in peace.
All his life, Mr. Naor, was a man who cares about all the community. When he worked in the mines of “Timna” he was in the workers committee and suffered with them the painful events of firing from work, bad work conditions and low payment for hard work.
Eliezer was an Autodidact. He studied on his own all the laws and the administrative work of “The National Insurance Institute of Israel”.
In theory, the National Insurances job is to take care of every worker that suffers from incapacity due to work. Seeing as the worker paid this institute according to the Israeli law, the administrative system is now responsible to make sure that the worker’s money will be paid to him when hard times are coming. It is his legal right to receive financial help.
It is a good theory, but It turns out that in practice, the sufferer is forced to come to the Institute as a criminal would come to court and somehow prove that he his suffering. If he can’t convince the administrative system that he is right, he has one another option: to take a lawyer on his expense and sue The National Insurance Institute. In court, he then receives an attitude of “Guilty until proved otherwise”.
I shall now start at the beginning. Mr. Naor and his friend operated a Garage for repair by the name of ‘Kamins Motorcars’. Since they had a reputation of first class mechanics and had very good social skills, many clients wanted their services.
One day Eliezer had a special invitation: a client asked him to come and fix an engine that is located in a building. Since it was too hard to take the engine to the Garage. Mr Naor came and asked for electric power supply for his tools. The client brought two fuel generators to the door of the building, and started them. For two days Eliezer worked hard, focusing on the mechanical aspect of his job and ignoring the loud sound of the engines. During the following days he felt bad, but could not define the symptoms. After one month of medical consultations his family doctor told him that he is suffering from Bi Lateral Tinnitus.
Various doctors that he consulted with, told him that there is no cure. Among them: Family physician, ENT Specialists, Neurologists, Psychiatrists and Hypnotherapists. In those days there was no known Curative Treatment. On that basis, he applied to “The National Insurance Institute” and asked them to recognize that he is suffering from occupational incapacity. The committee of experts decided to reject his request. Their decision was: 0% incapacity.
Mr. Naor considered it to be an insult and injustice. The main cause for these emotions was the behavior of one of the members of the committee of the National Insurance Institute, who talked to Eliezer in a very nasty way when they met on the stairs.
Mr. Naor Eliezer hired a good lawyer, continued to fight against the National Insurance Institute, and defeated them in court – stage after stage.
Unfortunately for his family, it was a long and painful process that was associated with many pages of documents, stress, frustration and loss of income. I am not going to tell all the details that I know, but on the bottom line: Mr. Naor defeated the National Insurance Institute.
His brightest idea came up in court, as he understood that all the people around him do not understand what it means, to suffer from Tinnitus. In order to clarify the point, he asked the Judge to enable him to bring a soundman who can do a “playback” of his Tinnitus in the court theater. The Judge agreed.
After the professional sound man operated his system for 5 minutes, the lawyer of the National Insurance Institute apologized and said: I did not know that you suffer so much.
I do not have any doubt that he suffered very much. One night I passed near his home at 2:30 after midnight. I decided to come and say “hellow” to Eliezer (who always invited me, even in the middle of the night), but I did not want to call him by telephone – to avoid interruption to other members of the family. I came to the door and knocked. Mr. Naor came immediately to the door, dressed as if he is going out. He was fully alert.
Eliezer died in the pulmonary department of Belinson Hospital during medical treatment for sever lung disease. From a medical point of view it is impossible to determine if the pulmonary disease killed him or the prolonged legal struggle made him exhausted. I suspect the later. If the right percentage of his incapacity had been given to him as a dignified client – quickly, and in real time – it is my belief that he could direct more of his energy to improve his health.
The expenses of the Ministry of treasury for all the legal process were great. These expenses would have been worthwhile if only they were used in order to help Mr. Naor Eliezer and support him, rather then bring him down and exhaust his strength.
From my point of view, it is a serious matter that the state of Israel paid a lot of money in order to make an invalid unhappy, and shorten his life.
Naor Eliezer had a kind heart. He loved helping people and considered his fight against the administrative system of the Insurance to be a struggle that will open the way to other Tinnitus sufferers.
Unfortunately he paid the highest price for neglecting his health during this war.
Facing no resistance, the members of the parliament changed the law and deprived the Tinnitus patients of the few rights they had had.
Today there is no new leader to the struggle. The only thing that is left for us now is the memory of Naor Eliezer – the great hero of those days. May his memorybe forablessing.
About the Author
Medical Treatment of Tinnitus, Vertigo and Dizziness
טיפול רפואי לטינטון, סחרחורת ומחלת מנייר
Do all full time jobs off paid vacation?
I just applied for a job at a restaurant called Flying J for a full time hostess position. Every place I’ve worked at always offers paid vacation for full time employees. I’m not sure if this job offers paid vacation or not. I do know they offer benefits such as dental, medical, vision and life insurance. Do all full time jobs offer paid vacation or just some?
It varies from company to company. It is not mandatory for companies to offer it.
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