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United Arab Emirates:

Guide For Employment And Personal Injury Claims In The UAE

The Federal law no. 8 of 1980 regarding the ‘organization of
labour relations’ and its amendments (the “UAE labour
law”) includes in its scope a definitive provision towards
occupational injuries and the rights and liabilities that accrue
based on the same. In this article we would like to go through some
of the major grounds that apply pursuant to the UAE labour law.

Steps required to be taken for any work-related or occupational
injury:

The Employer is required to report the matter immediately to the
police and also to the labour department. A brief report is to be
provided by the Employer detailing the worker’s name, age,
occupation, address, nationality and a description of the accident
and its circumstances, including the medical treatment provided.
The police would then carry out further investigation and will
compile the report along with witness statements. The purpose of
such a police report is to indicate whether the accident was
work-related; if so, was it due to any gross misconduct on the part
of the employee or otherwise. On completion of the report, the
police would send a report to the Employer as well as the labour
department.

Liability on the part of the Employer:

If the employee sustains a work-related injury or contracts an
occupational disease then, the Employer is liable to pay the cost
of the treatment, including covering all the diagnostic checks
required and also to cover the transportation of the employee in
such process. The Employer is also required to provide the employee
with wage allowance equal to his full salary for the entire period
of duration of the treatment or for a duration of six months
whichever is shorter.

When a worker is not entitled to compensation:

There are certain circumstances under which an employee may be
denied compensation for injuries pursuant to the UAE labour law
(Article 153). Such circumstances include:

• The employee has willfully brought about his own injury with
  the intention of committing suicide or of obtaining compensation or
  sick leave, or for any other reason.




• If the employee was under the influence of a narcotic drug or
  alcohol at the time of occurrence of the incident;




• If the employee has intentionally violated the safety
  instructions posted at conspicuous positions in the workplace;




• If the injury disability was the result of gross and deliberate
  misconduct on part of the employee;




• If the employee has refused for no good reason to submit to
  medical examination or to undergo the treatment ordered by a
  medical board.

The UAE labour law thus has detailed provisions that guarantee
the safety and well-being of the workforce. The said provisions
ensure that the rights of the employees are always protected. Apart
from the above-detailed provisions under the UAE labour law,
damages may also be claimed pursuant to the UAE civil code for
moral damages. Such action may be taken when there is a violation
of the liberty, honor, dignity, reputation of a person.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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