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Dealing with Work Injuries and Occupational Diseases

The Legal Mechanism of Dealing with Work Injuries and Occupational Diseases Mohamed Al Marzooqi Advocates and Consultancy is a leading Abu Dhabi Law Firm of Advocates and Legal Consultants. It is licensed to practice before courts in the UAE. Amongst its partners and staff are some of the most experienced and longstanding practitioners of UAE Law. Mohamed Al Marzooqi Advocates & Consultancy provides comprehensive legal services in Abu Dhabi, including but not limited to general representation, counseling, and litigation before all the courts of law governed by the UAE judicial system. law firms in dubai, lawyers in dubai, dubai lawyers, dubai law firms, law firms dubai, lawyer dubai, international law firms in dubai, law firm in abu dhabi, lawyers in abu dhabi, abu dhabi lawyers, divorce lawyers in dubai, best lawyer in dubai, legal consultants in dubai, divorce lawyer dubai, lawyer in abu dhabi, top law firms in dubai, legal consultant dubai, advocates in dubai, law firm in uae, dubai companies, business consultants in dubai, business in uae, consultant companies in uae, legal advice dubai, list of law firms in dubai, dubai law firms jobs, law firm salaries dubai, international law firms in dubai, law firms in dubai internships, Law Firm In Abu Dhabi, UAE Lawyer, Advocate In UAE, Legal Advisor In Dubai, Law Firm In UAE, Legal Advocates In Dubai, Law Firms In Dubai , Legal Consultant Dubai, Consultancy Firms In Dubai, List of Law Firms In Dubai, Best Lawyer In Dubai, International Law Firms In Dubai vehicle accident lawyer, auto accident attorney, car accident attorney, accident claim lawyer, auto injury attorney, auto injury lawyer, car accident injury lawyer, car crash attorney, car wreck attorney, car wreck lawyer, medical malpractice case, medical malpractice attorney, divorce lawyer, family lawyer in Dubai, divorce attorney, criminal lawyer Womens Rights UAE Labor Law Work Injuries Occupational Diseases

The Legal Mechanism of Dealing with Work Injuries and Occupational Diseases

(in accordance with the UAE Labor Law No. 8 of 1980 and its amendments)

The first Article of the UAE Labor Law defines the work injury as:” the injury of a worker to an occupational disease mentioned in the schedule attached to this law or any other injury arising from his work happened during the performance of that work and because of it and it is considered a work injury, each accident occurring to the worker during the period of his trip to work or return from it, provided that the round trip shall be without interruption, failure and deviation from the usual way”.

Therefore, the injury of work is including all the injuries that may happen to the worker during the performance of his work, such as, the fall of a metal piece on his foot, or to be harmed as a result of his work for long periods in an atmosphere contaminated with toxic gases such as working at petrol stations, that includes all the injures that may occur to the worker during his usual way to his work. If the worker is not in his usual way of working, the work injury shall not be considered an accident if occurred at the non- official working hours. In this case, his destination is not workplace.

The law categorized the work injury and the occupational disease as mentioned at the two tables attached to this Law. Where the first table includes metal toxicity cases with sulfur, phosphorus and petroleum derivatives, as well as incurable skin diseases and eye diseases and others. Where the second annex includes the catatonic cases, the loss of senses or organs even the smallest part of it.
In the event of any work injuries, the UAE Labor Law specifies the procedures to be taken at the workplace, which is to inform the police and the labor department of the accident and its circumstances after providing first aid to the injured. Article 142 states the following:

“If the worker is injured by an occupational injury or illness, as mentioned in tables (1) and (2) attached to this law, the employer or his representative shall immediately report the police department and the labor department or one of its branches in which the workplace is located. The report shall include the worker’s name, age, position, address, nationality, a brief description of the incident and its circumstances, and the measures taken to remedy or cure it. Once the report arrives, the police shall carry out the necessary investigation. The witness and the employer or his representative and the injured person`s statement shall be inserted in the record if his condition permits so. The record shall indicate in particular whether the incident is related to the act of work and whether it was committed intentionally by the worker.”

It is understood from the text of the Article that the law requires the police department to conduct a full investigation, and to take the statement of witnesses the employer and the other colleagues of the injured worker, and even the worker himself if his health permit so, in order to indicate all the circumstances of the incident that caused injury. Where the necessity of the investigation is to determine the circumstances of the accident, whether it is a fatal accident or it occurred as a result of the weakness of the industrial security measures in the establishment or the negligence of the worker and his self-deprecation and his work. In rare cases, the accident may be done intentionally by the injured worker for the purpose of getting compensation and it may be done by a colleague as a malicious action.

After the investigation is carried out by the police department, a copy of the record shall be sent to the Labor Department and another to the employer, as stated in the Article No. 143 :”Upon the completion of the investigation, the police shall send a copy of the record to the Labor Department and another to the employer. The Labor Department may request the completion of the investigation or it may complete it immediately if it deems it necessary.”
We notice from the text of the Article how the law awards the Labor Department the authority to request the completion of the investigation or to complete it. Whereas the law is keen to clarify the truth and the realization of the right, the investigation of the Labor Department is complementary to the investigation of the Police Department, but the incident is seen from another angle, purely working angle.
After the worker enters the hospital, the law obligates that all the costs of treatment shall be incurred by the employer, which makes sense that the worker who gave his effort in favor of the establishment, to get paid for the costs of his treatment, as emphasized by Article No. 144 which states that:” In the event of the work injuries and occupational diseases, the employer shall pay the expenses of treatment of the worker in one of the governmental or local treatment centers until the worker is cured or proven incapacitated, the treatment shall include hospitalization, surgeries, and the expenses of the X-rays, medical tests, the purchase of the medicines, the rehabilitation equipment and the provision of limbs, industrial and compensatory devices, the employer shall, in addition to the foregoing, pay the transportation expenses required for the treatment of the worker”.
In the event that the injury of the worker is huge to the extent that prevents him from continuing his work, the law requires the employer to provide a financial assistance to the injured worker, and the amount depends on the nature of the contract between the worker and the employer. That is equivalent to a full wage if the worker is paid monthly or daily, hourly until the recovery from his injury, and if the duration of treatment took more than six months, the financial aid provided by the employer shall be reduced by half in the next six months or until the full recovery or when the worker is proved to be incapable whichever is shorter, as stated in Article 145:” If the injury prevented the worker from performing his work, the employer shall give him a financial aid equivalent to a full payment throughout the treatment period or for six months whichever is shorter if the treatment took more than six months, the aid shall be reduced by half for another six months or until the worker is cured or Proves his disability or dies whichever is shorter”.

As for the worker who is getting his wage or paid by piece, the financial aid shall be the average daily wage as provided for in Article 57 ” The daily wage shall be calculated for the workers who are paid on a piece-by-piece basis on the basis of the average of the worker’s actual working days during the six months preceding the end of service (in accordance with Article 146 of the Law).

The above mentioned Articles indicate that the labor law, particularly with regard to work injuries, is precise and detailed in its provisions. Most importantly, it made the worker’s health and safety above all considerations and the legal protection to the worker as a result of work injuries.
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