7 cases borne by employers to treat occupational diseases and accidents
"Human Resources": No compensation for workers who "intentionally" violated the preventive measures
"Human Resources" requires employers to bear the medical expenses for treating occupational diseases and accidents. Photography: Osama Abu Ghanem
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The Ministry of Human Resources and Emiratisation has identified seven types of treatment expenses, which employers in the private sector are obligated to bear, in the event that any of their workers suffers from occupational accidents or diseases, according to the levels of medical care available within the country.
While the Ministry confirmed that employers are not obligated to pay any compensation to workers for injuries, disability, or occupational diseases, in the event that the investigations of the competent authorities prove that the worker intentionally injured himself with the intent to commit suicide, or obtain compensation, or sick leave, or the worker was at the time of the accident committed by his act Under the influence of a drug or under the influence of alcohol, and also if he deliberately violates the prevention instructions suspended in visible places in the workplace.
In detail, the Ministry of Human Resources and Emiratisation stated that if a worker in any facility is exposed to a work injury or an occupational disease, this is included in the clause of work accidents that result in harm to the worker, explaining that this item includes seven types of treatment expenses that the employers bear according to For the levels of medical care available within the country.
The Ministry stated in an awareness campaign that it launched, finally, on its official accounts on social media platforms, that employers are obligated to bear medical expenses for treating occupational diseases and accidents, which include “staying in the hospital, performing surgeries, performing x-rays and analyzes, purchasing medicines, purchasing rehabilitative equipment. As well as the purchase of limbs and prosthetic devices, in addition to the costs of transportation to and from the hospital ».
She pointed out that if a worker was injured by a work injury or an occupational disease from the diseases or injuries mentioned in Federal Law No. (8) of 1980 in the matter of organizing labor relations, the employer or his representative must report the accident immediately to each of the police and the Labor Department or one of its branches The person in whose area the workplace is located, and the report must include the name of the worker, his age, profession, address and nationality, a brief description of the accident and its circumstances, and the measures taken to aid or treat him.
The Ministry added that the police, upon receipt of the report, undertake the necessary investigation, and the statements of the witnesses and the employer or his representative are recorded in the report, and the statements of the injured, if his condition permits, indicating that the report specifically shows whether the accident was related to the work, and whether it occurred intentionally or As a result of misconduct on the part of the worker.
She emphasized that the police in turn, upon the conclusion of the investigation, sends a copy of the report to the nearest headquarters of the ministry, and another to the employer, provided that the ministry takes over directly completing the investigation if it deems it necessary.
The Ministry of Human Resources and Emiratisation said, “If an injury occurs between the worker and the performance of his work, the employer must pay him a financial aid equivalent to his full wage for the duration of the treatment or for a period of six months, whichever is shorter. If the treatment takes more than six months, the aid is reduced by half And that for a period of six more months or until the worker is cured or proven incapacitated or dies, whichever is shorter. ”
She explained that the financial aid is calculated on the basis of the last wage the worker receives, for those who receive their wages by month, week, day or hour, and on the basis of the average daily wage for those who receive their wages piece-piece.
She indicated that if a dispute arises about the fitness of the worker to serve healthily or the degree of disability, or other matters related to injury or treatment, the matter must be referred to the Ministry of Health and Community Protection, through the Ministry's representatives, and the Ministry of Health shall form a medical committee of three doctors. Government officials to decide the extent of the worker’s health fitness or the degree of his disability, or other things related to injury and treatment, noting that this committee has the right to be guided by those it deems to seek help from experts, and the committee’s decision is final, and it is submitted to the Ministry to take the necessary steps to implement it.
And in the event that a work injury or occupational disease leads to the death of the worker, the Ministry stated that according to the federal law regarding the organization of work relations, members of the worker's family who were dependent for their livelihood are entitled to complete or primary dependence on the income of the deceased worker at the time of his death (such as the widow and children), In this case, compensation is equal to the worker's basic wage for a period of 24 months, provided that the compensation value is not less than 18 thousand dirhams, and not more than 35 thousand dirhams, indicating that the compensation value is calculated on the basis of the last wage the worker was receiving before his death.
She added that the injured worker is not entitled to compensation for the injury or disability that did not lead to death, if it is proven from the investigations of the competent authorities that the worker intentionally injured himself with the intent to commit suicide or obtain compensation or sick leave or for any other reason, or if the worker at the time of the accident fell under his act The effect of a drug or under the influence of alcohol, and also if he deliberately violated the prevention instructions suspended in apparent places of the workplace, or his injury or disability was the result of an obscene misconduct intended on his part, or he refused without serious reason to examine him, or to follow the treatment decided by the medical committee. , Stressing that the employer is not obligated in these cases to treat the worker or pay any financial aid to him.
Disability compensation
The Ministry of Human Resources and Emiratisation stated that if a work injury or occupational disease leads to a permanent partial disability of the worker, he shall be entitled to compensation according to the percentages specified in the tables attached to the federal law regarding the regulation of work relations, multiplied by the value of the death compensation stipulated in the same law, so that The amount of compensation payable to the worker in the event of permanent total disability is the same amount that is due in the event of death.
She emphasized that the Minister of Human Resources and Emiratisation may, when necessary, and with the agreement of the Minister of Health and Community Protection, amend the schedules of occupational diseases and estimate disability compensation, which are mentioned in the law.
Employers are obligated to pay adequate compensation to the heirs of any worker who dies due to a work injury or occupational disease .