What are the types of compensation for work injuries in UAE law? What are the procedures for requesting compensation for work injuries in UAE law? What is the legal text about work injuries in UAE law? Please rewrite the text in a more professional and academic tone.
Here’s an organized breakdown of the key points in a professional and academic tone, translated from Arabic:
Work Injuries under UAE Law
The UAE Labour Law defines a work injury as an injury resulting from an occupational disease specified in the Cabinet’s resolution or any other injury that occurs during a worker’s performance of their assigned duties.
Categories of Work Injuries in the UAE
Based on the UAE Labour Law, a work injury can be categorized into the following circumstances:
- An injury occurring during working hours while the employee is performing their professional duties.
- An injury resulting from the nature of the work itself.
- An injury occurring while the employee is performing a task assigned by the employer outside the regular workplace.
- An injury sustained while the employee is commuting to or from their place of work.
- An injury caused by one of the occupational diseases listed in the Labour Law.
To ensure you receive your full legal rights, it is advisable to contact a specialized legal firm like Samaha Legal Consultancy for a comprehensive understanding of all the details regarding work injuries under UAE law.
Procedures for Reporting a Work Injury in the UAE
Employers must adhere to a specific set of procedures for reporting a work injury:
- The employer must report the injury within 24 hours if it is likely to prevent the employee from working for three or more days.
- The report must be submitted to the competent medical authority or a local police station.
- The report must be submitted immediately following the injury.
- In the case of an occupational disease, the employer must report the suspicion of the disease to the Ministry via designated channels within a maximum of 48 hours from the date they become aware of it.
- The report must include the employee’s name, age, profession, nationality, specific workplace, ID number, a brief description of the accident or occupational disease and its circumstances, and the steps taken to provide first aid and treatment.
Samaha Legal Consultancy can assist in completing the work injury reporting procedures in the proper legal manner.
Read more: Compensation for damages in UAE law
Calculating Work Injury Compensation in the UAE
Article 37 of the UAE Labour Law outlines the method for calculating work injury compensation:
- The employer is obligated to bear the full cost of the employee’s medical treatment until they recover and are able to return to work or are certified as permanently disabled.
- If the injury leads to the employee’s inability to work, the employer must pay the employee their full wage for the duration of their treatment or for six months, whichever period is shorter.
- If the treatment period exceeds six months, the employer must pay the employee half of their wage for another six months, or until the employee recovers, is certified as disabled, or passes away, whichever comes first.
- In the event that the work injury or occupational disease leads to the employee’s death, the employer must pay the employee’s family compensation equal to their last basic wage calculated over a 24-month period. The compensation amount must not be less than AED 18,000 and not exceed AED 200,000.
Samaha Legal Consultancy can help you calculate work injury compensation in accordance with the Labour Law, regardless of the specifics of the injury.
Sample Statement of Claim for Work Injury Compensation
A specialized lawyer, such as from Samaha Legal Consultancy, can prepare a statement of claim for work injury compensation as follows:
To the Labour Court in [City]
Plaintiff: Mr./Ms. [Name] Address: [Address] Represented by: Lawyer [Name]
Defendant: [Company Name] Represented by: The Chairman of the Board of Directors
Subject: Compensation for Work Injury
Facts of the Case:
My client was employed by the defendant company as a maintenance engineer. While performing his professional duties to conduct maintenance at a hotel, he had an accident that resulted in a severe injury, which incapacitated him from work.
Despite being reported, the defendant company did not provide my client with the compensation mandated by the UAE Labour Law, which includes covering treatment costs and paying the wage for a period of six months. The company claimed that my client intentionally injured himself.
However, my client did not deliberately injure himself but was injured while performing his work. Therefore, we have come before this honorable court seeking the following:
- Register the lawsuit and summon the parties to the earliest possible session.
- Award my client the compensation stipulated in the UAE Labour Law.
- Require the defendant to bear all court expenses, costs, and legal fees.
With respect, UAE on [Date] The Legal Representative [Name] Signature
By contacting Samaha Legal Consultancy for cases of work injuries under UAE law, you can draft a statement of claim for work injury compensation in a legally correct and specialized manner.Contact us via WhatsApp