A resident of Kiryat Gat was recognized as a victim of hostilities because of a missile that fell a kilometer and a half from her home

With the outbreak of the war on October 7, 2023, incessant alarms and rocket fire towards the city began in Kiryat Gat. Daganit (pseudonym), a single mother who lives in a housing unit in her parents’ house in Kiryat Gat, was exposed to reports about rockets falling inside Kiryat Gat only about a kilometer and a half away from her home. According to her, the falls were not just a theoretical threat: they were accompanied by loud explosions that caused vibrations in the windows, the door and the house itself and violated her sense of security.

The fact that Daganit lives in a land house increased even more, according to her, the fear of terrorists infiltrating the city, which intensified the stress and anxiety.

Filed a claim to be recognized as a victim of hostilities, but was rejected

Attorney Roi Zoraf from Markman Tomshin & Co. submitted a request to the National Insurance to reconsider the decision, and also filed an appeal to the District Court against the decision to postpone. He explained that since the traumatic event, Daganit has been suffering from anxiety attacks, low mood, rapid pulse, insomnia and nightmares. He also noted that following complaints of chest pains, she performed heart tests, and they came out normal, what Which, according to him, indicates that the source of the injury is mental due to anxiety attacks. He further explained that she had no similar mental history before October 7, while currently she is receiving medication.

According to the claim, the road to official recognition was accompanied by difficult bureaucratic obstacles. Initially, the claim was rejected in January of last year and the approving authority claimed that presence in a “specific hostile event” was not proven, but rather “anxiety due to the state of war” was described. After that, another rejection was given, of the request for a re-examination, which focused only on the cardiac aspect and ignored the central mental damage caused.

Adv.D Zorf submitted An appeal was made to the District Court in Tel Aviv, and after several hearings and on the recommendation of the court, the approving authority finally agreed to withdraw its rejections and recognize the injury that occurred on 7/10 as a hostile injury. “This recognition shows that even the experience of anxiety and terror of civilians on the home front, and especially the closeness of the missile’s fall, can lead to recognition of mental harm as a result,” claims the attorney.

The approving authority at the Ministry of Defense, which deals with hostilities according to the Law on Compensation for Victims of Hostilities, initially rejected the request, claiming that the psychological injury does not meet the definition of a “specific hostilities incident”. Later, after the described legal procedure, she regained her position.