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Compensation for Israeli terror victims

Michael Decker
Michael Decker

Compensation for Israeli terror victims – someone who suffered injury to body or property as a result of the Israeli-Palestinian conflict is entitled to compensation. This covers a wide range of cases, from someone physically injured in a terrorist attack, to someone whose home was damaged by a Qassam rocket, or whose business was indirectly harmed, to someone whose bag was blown up after being mistaken for a suspicious item. Someone who was directly injured as a result of terrorist activity, as well as someone injured by activities of the security forces, can receive compensation.

The relevant laws in this case are the Tax, Property and Compensation Law, 1961, and the Law of Compensation for Terror Victims, 1970. According to the language of the law, those entitled to recognition as victims of terror are those who were injured by activities of forces (military, paramilitary, or irregular) of a country or organization hostile to Israel, as their emissaries or on their behalf. However, as stated above, it is also possible to obtain compensation for damages caused by Israeli security forces in their operations against hostile countries or organizations.

Attorney Michael Decker, a partner in our office, will explain who is eligible to receive compensation as a victim of terror, how such an injury is actually defined, how does one demand compensation in practice, and what compensation can be obtained.

Compensation for Israeli terror victims

Who do you turn to in order to obtain compensation as a victim of terror?

To obtain compensation, you must apply to the Compensation Fund of the Tax Authority. The Fund’s appraisers are supposed to come to the site of a terrorist act, shortly after the security forces and first aid have finished, in order to estimate the cost of the damage.

If representatives of the Fund have not contacted you, you can contact them yourselves. You can submit an online claim for direct damage via internet, or go to one of the offices of Real Estate Taxation and Income Tax, where representatives of the Fund are located.

In addition, the Fund publishes a guide to citizens whose property was damaged by acts of war and terror, which explains in detail how the process works.

Within what time period may one apply for compensation?

  • A notification of damage must be submitted within two weeks of the event.
  • A claim for compensation must be submitted within three months of the event.
  • A decision of the Compensation Fund may be appealed within 30 days of receiving the the decision.

What documents must be included with an application for compensation?

First of all, you must attach a report of the “certifying authority” that the damage occurred as part of a terrorist act. In almost all cases, the “authority” is the Israel Police. However, if a different party in the security forces is responsible for the results of the act, it may be possible to obtain certification from that body.

An injured party can provide an estimate of the damage caused by the act of terror. If personal possessions were damaged, you can present the objects (or what is left of them) directly to the Fund. Fund representatives have the right to make their own appraisal to estimate the damage.

In addition to monetary compensation for damaged property, someone who was physically injured as a result of an act of terror, or his family, are entitled to:

  • Treatment, recuperation and rehabilitation expenses – according to the instructions of the National Insurance Law, 1995 (work injuries).
  • Disability compensation – someone who is recognized as disabled due to injuries from a terrorist act, according to the instructions of the Law of Disabled People (compensation and rehabilitation),
  • Compensation to family members – family members of someone killed in a terrorist act are entitled to compensation according to the instructions of the Law of Families of Soldiers Killed in Battle, 1950 (compensation and rehabilitation).
  • A grant for burial expenses – for someone killed in a terrorist act. It includes payment of burial expenses and expenses of maintaining the gravesite and the gravestone.

Contact an attorney to obtain compensation

Our law offices in Tel Aviv and Jerusalem are at your service. If you are applying for compensation as a victim of terror, we will be happy to help. Make an appointment with our office to get information on relevant Israeli law as well as legal assistance.

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