compensation for occupational injuries in the UAE

compensation for occupational injuries

The UAE labor law has explained the compensation for occupational injuries in chapter 8, articles 142 to 153. It has clearly stated all forth going procedure when the worker gets sustain injuries or occupational diseases.

After reading these chapters of  UAE lobour law I would like to explain some of the important points that every employee should remember or understand what will happen when they expose risk and or danger in the workplace.

The process of compensation for occupation injuries.

  1. If any employee injures or infected from the occupational disease or injured the employer or representative should immediately inform the police or labor department or the local office jurisdiction where the organization has located.
  2. The information should include the name of the worker, age, nationality, occupation, address, types of the accident, and first aid or medical treatment that have provided.
  3. upon receiving the report the police will carry out the investigation, they can take the statement of the employer, witnesses, and the injured person (if applicable). The police report will be sent to the labor department and a copy for the employer. Police officers will conclude whether the incident was deliberately or employees’ misconduct such as employees had drunk alcohol or other narcotic drugs on duty.
  4. The labor department can request the supplementary inquiry or may conduct one if needed.
  5. If the employee is hospitalized and he or she could not go to the bank the company should pay a full salary in cash if they have injured in the workplace. The employees will get full pay until 6 months and half-pay until it recovery, disabled, or die.
  6. The company has to pay for all the treatment expenses whether in private or government hospitals including surgical operations, x-ray, and medical diagnoses.
  7. The company also needs to cover all the expenses including the purchase of drugs and rehabilitation equipment, in addition, artificial limbs and other prosthetic appliances if anyone needed cause of the injury.
  8. The employer should pay the transportation expenses or arrange own transport for sending him or her to the hospital for further check-up.
  9.  The cash allowances should equal to the employee’s basic salary.

What will happen if the employee permanently disabled?

  1. The doctor sends a report for the employer and employee on the completion of the treatment. The report may specify the nature of the injury, a period of treatment, the next follow up date, and the result of cured, partial, or permanent disability.
  2. If the worker died cause of the workplace accident or occupation diseases the member family will entitle the compensation equal to the basic salary of 24 months. For example; the worker last receives a basic salary was AED 1000 the compensation will calculate 1000× 24 months = AED 24,000. However, there is a limitation the compensation should not pay less than 18 months, and the amount not more than AED 35,0000.

Who will receive the compensation amount? 

The following members of the disease family wholly or substantially dependent on the dead worker’s income at the time of his death.

  1.  Widows
  2. Children
  3. The son who is under the age of 17 but if he is enrolled in educational instruction under the age of 24 is entitled to receive the compensation.  “Son” also refer to the son in law of the husband and wife if they are dependent on the income of the deceased worker.
  4. An unmarried daughter or unmarried daughter in law of both husband or wife also entitled to the compensation claim.

When the person is partially or completely disabled, what is the compensation?

  1. If the worker renders the permanently partial disable cause of the work-related injury or occupational diseases he will entitle the compensation as applicable rate depending on the severity.
  2. The worker who permanently totally disabled the cause of the workplace accident or disease will entitle the compensation equal to the deceased worker. The compensation rate of the totally disabled and dead worker is equal.

Compensation does not entitle in the following condition;

The employer no need to pay compensation to the employee who got partial or totally disable but did not result in death.

  1. Injury for the purpose of suicide, or compensation or sick leave.
  2. At the time of the occurrence, he was under the influence of a narcotic drug or alcohol.
  3. Intentionally violated the safety instructions posted at conspicuous positions in the workplace.
  4. He refused for no good reason to submit to a medical examination or

Under these above circumstances, the employer does not require to provide treatment for the worker or to pay him any cash allowance.

What is the policy of dispute arise?

It is normal here the dispute arises between the worker and the employee on the matter of worker physical fitness for the resumption of work, degree of disability, and other matters of injury and treatment. If there is the dispute the legal way to seek a solution is;

  • The dispute should refer to the ministry of labor and ministry of health.
  • The health ministry will set up a board consisting of three government agencies medical officer to determine the extent of the worker’s medical fitness for employment.
  • Board also determine the degree of his disability or any other the matter related to the injury or treatment
  • For determining the facts the board can take the assistance of the expert.
  • Their decision will be the final and shall submit to the labour department in order to measure necessary for the implementation.

Where does compensation for occupational injuries cover?

The workmen’s compensation will cover the accident in the workplace, traveling from accommodation to duty place and back to the home.

At The End: Most of the companies in the UAE insured every employee for compensation for occupational injuries. If any misery happened to the worker’s health or life the companies will pay the compensation because the social Security Disability Insurance will cover the cost, but, it could take time.

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