The Abu Dhabi appeal upheld the first instance ruling

Obliging a company to pay 50 thousand dirhams in compensation to a worker

The criminal judgment affirmed the appellant's failure to provide the means of safety.

From the source

The Court of Appeal in Abu Dhabi upheld a ruling requiring a company to pay a worker 50 thousand dirhams in compensation for his injury while performing his work "as a result of its failure to provide the means of safety and security for workers."

The worker had filed a lawsuit against the company, requesting that it pay him the material and moral compensation estimated by the court.

The forensic report showed a 20 cm laceration wound in the skin of the right leg, and a closed fracture at the top of the knee bone.

And that the incident caused permanent disability and disability in the right lower limb, which was estimated at 25% of its original nature.

The report also confirmed that the injury renders the plaintiff unable to carry out work that requires constant and repeated mobility, and requires pressure on the right lower limb and bending the knee and ankle, but it does not affect the performance of office work or personal work and normal daily practices.

The defendant company requested that the plaintiff be re-examined to ascertain whether or not he was drinking alcohol, and the judiciary rejected the lawsuit and its inadmissibility with no regard for the report submitted.

The company appealed the judgment before the Court of Appeal, and accused it of not complying with the requests raised and re-adjusting the appellant's requests, which affected the appellant and violated the law, because the appellant did not seek compensation for material damages that are not included in the blood money, and the error in applying the law for non-consideration of the legal payment raised From the appellant that the error is from the appellant because he confirmed that he wore the security and safety means and that the necessary precautions were taken, indicating the existence of a mistake he committed, with the possibility of inflicting injury on himself in order to obtain compensation, in addition to being proven to have previously consumed alcohol, and it is possible that when the accident he was so and lost his balance .

For its part, the court indicated that the worker added in the last memo to his requests, compensation for the lost earnings, indicating that this is one of the things that are not covered by blood money or libel, but rather are independent damages, so it is permissible to combine either of them with compensation that they do not cover.

The court indicated that what has been proven from the reading of the criminal ruling, which has become final, has decided to uphold the conviction judgment and amend it to compel the appellant to pay 25,000 dirhams in installments for the injury sustained by the appellant, and this amount was limited to the injury alone, adding that the court of first instance understood from The requests submitted in the lawsuit state that the appellant wants to complete compensation for other material and moral damages specified by the appellant in relation to the impact on the method of earning and losing his work and being spent on a family, and the pain he suffered associated with the occurrence of injuries, which are forms of financial and moral damages that are not covered by bribery Previously sentenced.

She emphasized that there is no evidence that the drinking of alcohol was associated with the date of the accident, and there is no evidence that the appellant caused his own injury to obtain compensation, in addition to that the criminal judgment based the error on the appellant's failure to provide security and safety means.

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