Work Injury under UAE Labor Law
Definition of Work Injury
A work injury is defined as any occupational harm suffered by a worker while performing job duties. These injuries may result from accidents—such as falls or cuts—or from occupational diseases arising due to the hazardous nature of the work. UAE labor law mandates protection and care for workers who sustain injuries in the workplace.
Types of Work Injuries
Work-related injuries can be categorized as follows:
1. Acute Injuries: These include fractures, wounds, or similar injuries resulting from workplace accidents, such as falls or contact with sharp tools.
2. Occupational Diseases: Caused by prolonged exposure to harmful substances or environments, such as chemicals or high noise levels.
3. Stress-Related Injuries: Includes mental health conditions resulting from chronic workplace stress or unhealthy working conditions.
Workers’ Rights Following Injury
In the event of a work-related injury, employees are entitled to several rights:
– Right to Medical Treatment: The injured worker is entitled to receive all necessary medical treatment at the employer’s or social insurance’s expense.
– Right to Financial Compensation: The worker is entitled to compensation for lost wages during recovery and for medical expenses. The compensation amount depends on the nature and duration of the injury.
– Right to Return to Work: After recovery, the worker has the right to resume their previous position with the same salary and benefits.
Employer Responsibilities for Occupational Safety
UAE labor law obligates employers to maintain a safe working environment and implement all necessary safety precautions, including:
– Conducting Regular Training: Employers must provide employees with safety training and guidance on managing potential hazards.
– Improving the Work Environment: This includes maintaining a healthy and secure workplace, along with the provision of necessary protective equipment.
– Risk Assessment: Employers must regularly assess risks and update safety policies and procedures accordingly.
Legal Provisions for Work Injuries and Compensation
According to Article 37 of the UAE Labor Law concerning work injuries and occupational diseases:
1. A decision by the Council of Ministers, based on a recommendation by the Minister and in coordination with relevant authorities, defines work injuries and occupational diseases. It outlines the required procedures, employer responsibilities, compensation amounts in cases of permanent disability, and the compensation owed to the worker’s family in the event of death. It also includes rules for distribution and calculation of compensation.
2. If a worker sustains a work injury or occupational disease, the employer must:
– Cover the full cost of the worker’s treatment until they recover, can return to work, or their disability is confirmed—according to the conditions and procedures set forth by the law’s executive regulations.
– If the injury prevents the worker from working, the employer must pay the worker their full wage during treatment, for up to six (6) months. If treatment continues beyond six months, the worker is entitled to half of their wage for an additional six (6) months, or until they recover, their disability is confirmed, or in case of death—whichever occurs first.
It is advisable to consult a legal professional for detailed advice and assistance in preparing legal documents or navigating legal issues.
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Legal Consultant
Ismail Al-Masri
Ahkam Transaction and Legal Consultancy