The UAE government issues periodic laws and regulations to ensure employee safety at the workplace. In this article, we will look at certain provisions under the UAE labor law that protects worker’s safety and ensures that the worker is compensated in case of workplace negligence.

Worker Injury vs Occupational Disease

Federal Decree Law No. 33 of 2021 on Regulation of Labor Relations, under Article 1, defines work injury as any injury that arises during or because of an employee’s performance of work. Every accident that is proven to have occurred to the worker during the period of his commute to and from Work, without interruption or deviation of the normal journey, is also considered as work injury.

On the other hand, occupational diseases are illnesses that are caused or made worse by the workplace environment, activities, or exposures. These illnesses result from prolonged exposure to hazards such as chemicals, dust, repetitive motions, stress, or biological agents, leading to a range of issues from allergies and to cancers. The UAE government generally maintains a list of occupational diseases.

Compensation in case of injury

As per Article 37 of the labor code, an employer is obligated to compensate the worker in case of an injury that results in permanent total or partial disability, as well as to compensate to his family in the event of his death. In case of work injuries, as employer must bear the following expenses:

1. the employer must bear the expenses of the worker’s treatment until he recovers and is able to return to work or until his disability is proven, in accordance with the conditions, rules and procedures specified by the implementing regulation of the labor code.
2. If the injury or the occupational disease prevents the Worker from performing his work, the employer must pay the worker the equivalent of his full salary for the duration of the treatment or for a period of (6) six months, whichever is less.
3. If the treatment period exceeds (6) six months, half of the salary must be paid to the worker for another (6) six months, or until the worker’s recovery, proof of disability, or death, whichever comes first.

Compensation in Case of an employee’s death

If a worker dies due to a work injury or due to an occupational disease, the family of the deceased is entitled to compensation equal to the basic salary of the worker for a period of twenty-four months, provided that the value of compensation is not less than eighteen thousand Dirhams and not more than two hundred thousand Dirhams. The value of the compensation is calculated according to the basic salary that the worker was receiving before his death, and the compensation must be distributed to the beneficiaries of the deceased worker as determined by the implementing regulation of the labor code. The family is also entitled to the end-of-service gratuity, and any other financial entitlements due to the deceased worker.

When is the employee not entitled to work injury compensation?

As per Article 38 of the labor code, there are certain instances where an employee or worker is not entitled work injury compensation from the employer. These scenarios are provided below:

1. If it found through investigations that the worker deliberately injured himself for any reason whatsoever
2. if it is found that the injury occurred under the effect of alcoholic drinks, drugs or other psychotropic substances taken by the worker.
3. if it is found that the injury occurred as a result of an intentional violation of the preventive instructions announced in visible places in the workplace, as determined by the Implementing Regulation of the labor code.
4. If it is found that the injury occurred as a result of willful misconduct by the worker.
5. If the worker refuses to be examined or to follow the treatment decided by the Medical Entity, without serious reason.

Conclusion

The UAE government recognizes that compensation in the event of a work injury or occupational disease is a matter of employee right and dignity. These provisions are not just a compliance requirement, but also reflect the underlying community values.

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