“Abu Dhabi Cassation” upheld the compensation ruling

350 thousand dirhams in compensation for a carpenter who was injured while chopping wood

“Abu Dhabi Cassation” rejected the appeal and obligated the company to pay fees and expenses.

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The Court of Cassation in Abu Dhabi upheld a ruling issued by the Court of First Instance that obligated a company to pay a worker 350,000 dirhams in compensation for his injury while using an electric saw to chop wood, as a result of not providing security and safety measures. The court rejected the appeal and obligated the company to pay fees and expenses.

The details of the case refer to a worker filing a lawsuit against a company, demanding that it pay him two million dirhams in compensation for the material and moral damages he sustained, with an obligation to pay interest at a rate of 5%, in addition to obligating it to pay fees and expenses and in return for attorneys’ fees, explaining that he was working as an armed carpenter for the company. And while he was using an electric saw for cutting, the saw bounced on him and resulted in severe injuries that resulted in permanent disability, in addition to the material damages he suffered and his inability to earn, which affected his sources of income, as well as psychological and physical pain, grief and sadness over what afflicted him and depression. The company is subject to a criminal judgment and a fine of 7000 dirhams, in addition to obligating it to pay judicial fees.

The Court of First Instance ruled to obligate the company to pay the worker 350 thousand dirhams material and moral compensation for the damage incurred, with a delayed interest of 5% annually from the date the judgment becomes final until payment is completed. That the plaintiff was left behind as a result of the accident he suffered during his work, he sustained a cut wound in the left arm with a cut wound in the front of the head, and on the CT scan it was found that there was bleeding in the tears, and that due to the company’s failure to provide any tools for security and safety and did not take the necessary precautions by establishing guiding regulations Or a warning that guides the workers and alerts them to the dangers of work and imposes penalties on the violators of them, which led to the accident and the injury of the plaintiff with permanent disability and permanent disability.

The company appealed this ruling, and the plaintiff insisted on the insignificance of the compensation awarded and requested its amendment and judgment for him in the amount of his claim in the appealed case, and the appellant also appealed it, and after the second appeals court joined the first for the engagement, it decided to accept them in form, reject them in substance and support the appealed judgment.

For its part, the Court of Cassation confirmed that this obituary was misplaced, noting that the trial court confronted the defense contained in this obituary and reassured the forensic medical report for the soundness of the foundations on which it was based and the details it contained. Examining the respondent and reviewing the medical reports against him, it was found that the injuries of the respondent had stabilized and became of a descriptive nature.

She added that the injuries as a result of the accident left a permanent disability 50% of the benefit of the brain, a permanent disability 5% of the benefit of the nose, and a permanent disability 40% of the benefit of the party, pointing out that the contested ruling relied in its judgment on the report of the forensic doctor regarding the injuries sustained by the respondent and the percentage of The inability of each of them and demonstrated them, after the court was satisfied with the conclusions of the forensic doctor in his report, which was based on scientific grounds, and decided to reject the appeal.

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