TOBACCO CONTROL LAWS

Kramer v. National Insurance Institute (Bituach Leumi)

The National Insurance Institute had denied Mr. Kramer’s claim for workers’ compensation for injuries sustained due to a contributory effect of second hand smoking to a pre-existed respiratory condition. The Court held that exposure to second hand smoking could result in work-related injury. In this case, the smoking in the office adjacent to Mr. Kramer's contributed to his injury and therefore entitled him for compensation.

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Kramer v. National Insurance Institute, NII 1896/01, Tel Aviv-Jaffa Regional Labor Court (2005).

  • Israel
  • Dec 6, 2005
  • Tel Aviv-Jaffa Regional Labor Court

Parties

Plaintiff Aryeh Kramer

Defendant National Insurance Institute (Bituach Leumi)

Legislation Cited

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Employment and Disability Law Violation
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.

Type of Tobacco Product

None

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