XIII. WORK ACCIDENT
1. What is the nature of reporting labour accidents and occupational diseases?
If the employee suffered a work accident or an occasional disease, the employer or his representative shall report the accident immediately to the police and labour department or one of its branches under whose jurisdiction the place of work falls. The information shall include the employee's name, profession, address,
nationality and a brief description of the incident and its circumstances, and the measures taken for treatment or first aid.
2. Would the employer be prosecuted for an accident or an injury to an employee?
Upon receiving the information from the employer, the police shall perform the necessary investigation stating in their report testimony from witnesses, the employer or his representative, and the injured person if his condition allows him to testify. The report shall specifically state whether the accident related to work, whether it took place intentionally, or as a result of misbehavior on the part of the employee.
If the report came to the conclusion that one of the employer's personnel or Managers were at fault or negligent, he may be prosecuted in a criminal court for the act or omission.
3. Would the employer be liable for the compensation?
In case of work accident and occupational diseases, the employer shall under take to pay the cost of the employees treatment in one of the government or private clinics till the employee recovers or his disability becomes certain. The treatment shall include hospital and sanitary fees and cost of surgical operations, X-rays and laboratories fees in addition to the cost of medicine and rehabilitation equipment and artificial parts for those whose disability is proven. The employer shall also pay the travel expenses needed for the employees treatment.
4. What would the employer pay if the employee were not able to perform his work after the accident?
If the injury prevented the employee from performing the duties of his job, the employer shall pay him a grant equivalent to his wage during the treatment period
or for six months whichever is less. If the treatment takes more than six months, then the grant shall be reduced by half for another six months or till the employee recovers, his disability becomes certain, or he dies, whichever comes first.
5. How much would the employer pay the employee during his treatment?
The financial grant made by the employer shall be calculated on the basis of the last wage the employee was paid in respect of those who are paid monthly, weekly, daily or hourly and on the basis of the average wage for those who are paid on piece work basis.
6. Would the employee be entitled for compensation other than his wages?
The employee will not be entitled to claim compensation from the employer other than his wages and compensation for disability according to the schedule published by the labour office. A copy of this schedule is attached herewith to this catalogue. This is, of course, without prejudice to the employee's right to claim compensation against any third party who may participate in causing the accident or the disability suffered by the employee.
7. Is the employee's family entitled to claim compensation?
The employee's family is not entitled to claim compensation unless the accident caused the death of the employee or his permanent disability. The compensation shall be equivalent to the basic wage of the employee for a period of 24 months. The value of the compensation shall not be less than Dhs. 18,000/- and not more than Dhs. 35,000/-. It shall be calculated on the basis of the last wage the employee was paid before his death and divided among inheritors according to the rules of the list annexed law.
8. Who will be considered the heirs of the employee, entitled to receive compensation?
In applying the rules of the Labour Law, the family of the deceased means those who depend for their livelihood entirely, or mainly, on the income of the deceased person at the time of his death. They must qualify by being included among the following categories:
Children who are : sons under 17, and those under 24 who are enrolled as a regular student in the institution of learning, and also those of his sons who are physically or mentally unable to earn their living. The word "Son" shall include sons of the husband or the wife who are under the care of the deceased employee at the time of his death.
Unmarried girls including unmarried daughters of the husband or the wife who are under the care of the deceased employee at the time of the death.
Brothers and sisters according to the conditions set for sons and daughters
9. Would deliberate self injury receive a compensation or medical leave?
If it was evidenced in a report provided by the labour office or the police that the employee had intentionally caused his own injury in order to receive compensation or medical leave then he would not be entitled to either compensation or medical leave, and would be liable for criminal charges to be brought upon him.