What counts as work injury in the UAE? When can one claim damages?
Medical certification crucial for ensuring that workers receive appropriate compensation
Abu Dhabi: The final say in determining whether an injury qualifies as a work injury lies with the medical authorities in the UAE, according to the Ministry of Human Resources and Emiratisation (MOHRE).
Outlining the procedures for investigating such injuries and occupational diseases, it said the police must initiate the investigation. A ministry inspector may assist in gathering evidence if needed. However, the investigation’s outcome will serve as preliminary evidence for the medical authority’s final decision. After completing the investigation, the investigating authority must submit its reports to the ministry.
Employers’ obligations
In the event of a workplace injury or disease, the medical authority, the relevant police station, and the ministry must be notified without delay after the employer becomes aware of the incident.
Employers are required to pay compensation to workers as outlined in Cabinet Resolution No 33 of 2022. If the injury is not listed in the schedules, a medical committee will assess the degree of disability.
Medical authorities must prepare a detailed report for the ministry, specifying the injury or disease, its cause, the date it occurred, the relationship to the job, treatment duration, degree of disability, and the worker’s ability to continue working. This report must be certified.
The medical authorities refer to any federal or local healthcare facility or private healthcare facility licensed to provide services in the country, while a health authority refers to any federal or local government entity regulating health affairs.
What is a work-related injury?
Work-related injury includes any accident or illness occurring due to work that results in physical harm, illness or death. Examples include fractures, exposure to toxins, or work-related illnesses, occurring either at the workplace or during commutes.
What to do after a workplace injury
1. Notify the employer: The employee or their colleagues must inform the employer immediately after the injury occurs.
2. Report to the authorities: The employer must notify MOHRE and the police immediately through the “Salama” application within 24 hours.
3. File the report: The report must include the employee’s personal information, a description of the incident and its circumstances, and details of the injury.
4. Get a medical examination: The employee undergoes a medical examination to assess the extent of the injury and whether it is temporary or permanent.
5. Claim compensation: If negligence is proven, the employee can file a compensation claim for treatment, lost income, and psychological damages.
Compensation lawsuits
Compensation lawsuits for workplace injuries assist victims in obtaining financial compensation for medical costs, lost income, and psychological harm. These lawsuits target employers found negligent in providing a safe working environment. The compensation amount varies based on the injury type and its impact on the worker’s ability to perform their job.
Common workplace injuries
Construction site accidents: Injuries from falls, hazardous materials, and unsafe equipment.
Factory and warehouse accidents: Injuries from slips, heavy materials, and chemical exposure.
Agricultural injuries: Falls, physical strain, and diseases resulting from agricultural work.