MoHRE: 6 cases in which an employee is not entitled to compensation for a work injury

Abu Dhabi: The UAE Ministry of Human Resources and Emiratisation (MoHRE) has outlined a comprehensive framework governing the handling of occupational injuries and work-related diseases.

This forms part of its occupational health and safety regulations aimed at reducing workplace accidents and strengthening the supervisory role of ministry inspectors in monitoring work-related injuries.

The ministry stated that an employee is not entitled to compensation for a work injury in the following six cases:

The UAE labour market is distinguished by its unique cultural diversity, encompassing a wide range of nationalities and skill levels.

Despite this diversity, both employers and employees remain committed to complying with the standards and requirements set out in national occupational health and safety legislation.

Through its regulatory framework and procedures, MoHRE seeks to maintain a safe, healthy, and accident-free working environment that contributes to higher productivity and the timely completion of projects.

Employers are required to provide workers with personal protective equipment free of charge, as well as training and qualification programmes to help them manage occupational risks associated with their professions.

In addition, regular medical examinations are conducted to ensure workers are not exposed to occupational diseases.

The UAE’s occupational health and safety legislation has significantly enhanced compliance with workplace safety requirements.

Private-sector employers are required to document workplace injuries and occupational diseases in dedicated databases, enabling authorities to address related challenges and identify risk factors.

This contributes to creating a safe working environment free from occupational hazards, while also promoting the psychological well-being, productivity, and efficiency of employees.

The applicable regulations require private-sector establishments to implement dedicated systems for monitoring occupational injuries and diseases.

These systems must include:

Employers must also establish mechanisms to obtain reports from medical committees detailing the degree of disability resulting from workplace injuries.

In addition, they are required to maintain records of workers’ medical examinations, retain records of employees exposed to occupational hazards for at least five years after the end of their employment, and provide employees with documentation confirming their period of service upon termination of employment.

Employers are responsible for covering the treatment costs and compensation of employees who suffer workplace injuries or occupational diseases.

Compensation for a workplace injury is calculated based on the employee’s most recent basic salary and must be paid within a maximum period of 10 days after the issuance of the medical report determining the degree of disability.

If a workplace injury or occupational disease results in the employee’s death, compensation is paid to the employee’s heirs in accordance with the laws in force in the UAE or in accordance with the employee’s prior instructions before death.

If the injury or occupational disease results in partial disability, the employee is entitled to compensation proportionate to the percentage of permanent total disability, as stipulated in UAE Cabinet Resolution No. 33 of 2022.

In cases of permanent total disability, the compensation payable is equivalent to that granted in the event of death. In both cases—whether total or partial disability — the final determination is made by a specialised medical committee.

Employers are prohibited from terminating the employment relationship or cancelling the employment contract of an employee who has sustained a workplace injury or occupational disease until all entitlements have been paid.

If the employee chooses to terminate the employment contract before the medical committee issues its report, the employee’s rights remain protected and will be determined in accordance with the committee’s findings.

MoHRE urged employers to immediately notify the relevant medical authorities upon becoming aware of a workplace injury or a suspected occupational disease, in accordance with the approved procedures and mechanisms of those authorities.

The ministry also stressed the importance of promptly reporting workplace injuries, suspected cases, or confirmed occupational diseases to the competent police authorities within the establishment’s geographical jurisdiction through the designated channels, including operations rooms and direct communication with the relevant police stations.

The United Arab Emirates has placed significant emphasis on occupational health and safety within its labour legislation, with the objective of ensuring a safe working environment across all economic sectors and reducing the risks of workplace accidents and occupational injuries.

While the law safeguards the rights of employees who suffer injuries arising out of or in the course of their employment, it also identifies specific exceptional circumstances in which a worker is not entitled to compensation for a work-related injury.

This approach aims to strike a balance between protecting employees and preventing the misuse of legal benefits associated with workplace injuries.

These regulations obligate employers to provide a safe working environment while also defining employees’ responsibilities to comply with occupational health and safety instructions and regulations.

A work injury is defined as any injury sustained by an employee during the course of employment or as a result of performing work-related duties.

This includes accidents that occur while travelling directly to or from the workplace in accordance with applicable legal provisions, as well as occupational diseases listed in the approved schedules when a direct link to the nature of the employee’s work can be established.

Under the law, employers are required to bear the medical treatment costs of an injured employee and provide compensation for any disability or death resulting from the injury, in accordance with the percentages, procedures, and mechanisms stipulated by the relevant legislation.

UAE legislation requires employers to implement a comprehensive range of preventive measures aimed at safeguarding workers and minimizing occupational risks.

These measures include:

In addition, the Ministry of Human Resources and Emiratisation (MoHRE) conducts regular inspection campaigns to ensure that establishments comply with occupational health and safety standards and requirements.