4 reasons for which the worker is denied entitlement to compensation

Requiring medical authorities to report cases of "work injuries and occupational diseases"

Ibrahim Al-Ammari: “The decision granted the investigation authorities the right to take all the necessary inference and investigation measures immediately upon receiving reports of work injuries.”

A ministerial decision regarding work injuries and occupational diseases obligated the medical authorities in the country to notify and provide the Ministry of Human Resources and Emiratisation with data on work injuries and occupational diseases that it receives periodically through approved electronic systems, while the decision granted the competent investigation authorities in police stations the right to take inference and investigation procedures. It is necessary immediately upon receiving any reports of work injuries, to ascertain whether or not the injury was related to work, as the Labor Relations Regulation Law stipulates that the injured worker is not entitled to work injury compensation in four cases, including “intentionally injuring the worker himself”, “misconduct by mistake.” Worker’s side”, “Working under the influence of alcohol, drugs or other mental stimuli”, “Deliberate violation of the preventive instructions announced in visible places in the workplace”.

In detail, the Director of the Occupational Health and Safety Department at the Ministry of Human Resources and Emiratisation, Ibrahim Al-Ammari, confirmed that Ministerial Resolution No. 657 of 2022 regarding the rules and guide to procedures for dealing with work injuries and occupational diseases applies to all private sector establishments that employ 50 or more workers. With the aim of providing a safe work environment, which contributes to raising the level of efficiency and productivity.

Al-Ammari said, “The decision specified a number of responsibilities assigned to the employer towards his workers to preserve them and protect them from work risks. Provided that the notification shall be made immediately in the event of a work injury as a result of an accident or any injury other than an occupational disease, and the notification shall be from the date the employer becomes aware of the existence of a suspected occupational disease.

He added, “Among the employer’s responsibilities as well is to inform the ministry through the channels designated for that within a maximum period of 48 hours from the date of his knowledge of the suspicion of occupational disease or from the time of the occurrence of any other work injury, provided that the communication includes the worker’s name, age, profession, nationality, work destination, identity number, and description.” A summary of the accident or occupational disease and its circumstances, and the measures taken to aid and treat the worker,” pointing out that the ministry also granted workers, according to the new decision, the authority to report work injuries and occupational diseases.

While the ministerial decision regarding work injuries and occupational diseases granted the competent investigation authorities in police stations the right to take all necessary inference and investigation procedures, immediately after receiving any reports of work injuries, according to the procedures followed in this regard, provided that these procedures conclude with establishing whether the injury occurred. Work-related or not, and whether its occurrence was expected or as a result of any of the following four reasons: Intentionally injuring the worker himself, wrong misbehavior on the part of the worker, working under the influence of alcohol, drugs or other mental stimuli, willful violation of the preventive instructions announced in places A phenomenon in the workplace, as Article 153 of the Federal Law regarding the regulation of labor relations stipulates that the injured worker is not entitled to compensation for work injuries, if it is proven that his injury resulted from one of the four reasons.

According to the decision, an inspector from the Ministry or the relevant authorities (health authorities or municipalities) assists the investigation authorities in collecting inferences if required. Or not, and the investigation authority shall provide the Ministry with a copy of the result of the procedures it carried out, along with a copy of the inference record.

He pointed out that after the medical authority finishes treating the injured worker, it prepares a report on the work injury or occupational disease, in which it specifies the injury, the type of occupational disease, the cause of any of them, the date of occurrence, its relevance to work, the duration of treatment, the degree of disability, and whether it is total or partial. and the extent of the injured worker’s ability to continue working, provided that the report of the medical authority is approved by the federal or local governmental health authority affiliated to it, and the approval is based on the recommendation of a specialized medical committee or through any other system followed by the health authority, and the report is given to the worker, and a copy From it to the employer, and a copy of it is sent to the Ministry.

The government decision confirmed that all medical authorities in the country must provide the Ministry of Human Resources and Emiratisation with data on work injuries and occupational diseases that it receives periodically through approved electronic systems, provided that the data includes the worker’s name, ID number, nationality, place of injury, date of injury, emirate, and degree of injury. The injury, and the name of the health authority, and these bodies must also record work injuries and occupational diseases data in the patient’s national health file, through the approved systems, and verify this before approving the report.

4 channels to receive communications

The Director of the Occupational Health and Safety Department at the Ministry of Human Resources and Emiratisation, Ibrahim Al-Ammari, confirmed that the Ministry has allocated four main channels for reporting work injuries and occupational diseases. To provide the Ministry's services (business service centers), and finally, the Ministry's smart application, in addition to any other channels specified by the Ministry.

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