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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Hi im josephine estrella workig here in kuwait..im...
Hi im josephine estrella workig here in kuwait..im working a waitress in the restaurant unpportunitely i got my accident last december 2019 .. im on duty with that time ..our restaurant is renting inside the mall.. then the tiolet is 25 meters away from our retaurant... when the time that i need to go to the toilet i pass through the pushing door.. then i hear some noise i try to look back after 5 or 6 few steps then i saw the door is falling ... im shock and the first thing comes in my mind is to try to save the glass door because im after it will be broken and scattered to the whole restaurant and theres a lot of people around.. thats why i try to catch.however i understamate the weight of the glass door and fall down in my right foot... now my question is... who will gonna pay my unsurance accident ... the owner of the mall because its under their parameter.. or both..
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Kuwait
Lawyer's Assistant: Has anything been filed or reported?
Yes i have police report already
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No .. i just to know my right..for now because i dont know
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if your inquiry is related to the injury of a worker while he is at his duty or because of it, here are the following information:
The Kuwaiti Labor law obligates the employer to pay the worker’s wage for the whole treatment period. The employer and the insurance company shall pay a compensation for the injury to the worker.
Here are the texts of the Kuwaiti Labor Law related to your inquiry:
Article (90)
In the event where the worker suffers an injury in an accident that took place by cause of or during the work or while he was on his way to work or back from work, the employer shall immediately report the accident upon the occurrence thereof or as soon as he becomes aware thereof, as the case may be, to the following:
a- Nearest police station
b- Nearest labor department
c- Public Institution for Social Security or the competent insurance company providing insurance for workers against work injuries. The worker or his representative shall also have the right to report the incident if he is able to do so.
Article (91)
Without prejudice to the provisions of Law No. 1 of the year 1999 concerning health insurance for expatriates and the imposition of fees against health services, the employer shall bear all costs for the treatment of the worker who suffers work injuries or occupational diseases, at governmental hospitals or private treatment centers, including medicine and transportation expenses. The attending physician shall determine in his report the period of treatment, extent of disability resulting from the injury, and the extent of the worker’s ability to resume his work.
The worker and the employer shall have the right to object against the medical report before the Medical Tribunal at the Ministry of Health within a month from the date of issue of such report and by virtue of an application submitted to the competent authority.
Article (93)
The worker who suffers a work injury or occupational disease shall be entitled to his full remunieration throughout the period of treatment specified by the attending physician. In the event where the treatment period exceeds six months, the employee shall be entitled to half the salary until he completely recovers or until he is proven disabled or dead.
Article (94)
The worker or the beneficiaries through him shall have the right to claim compensation for the work injury or occupational disease in accordance with the list issued by means of a resolution of the Minister after considering the opinion of the Minister of Health.
The Kuwaiti Labor law obligates the employer to pay the worker’s wage for the whole treatment period. The employer and the insurance company shall pay a compensation for the injury to the worker.
Here are the texts of the Kuwaiti Labor Law related to your inquiry:
Article (90)
In the event where the worker suffers an injury in an accident that took place by cause of or during the work or while he was on his way to work or back from work, the employer shall immediately report the accident upon the occurrence thereof or as soon as he becomes aware thereof, as the case may be, to the following:
a- Nearest police station
b- Nearest labor department
c- Public Institution for Social Security or the competent insurance company providing insurance for workers against work injuries. The worker or his representative shall also have the right to report the incident if he is able to do so.
Article (91)
Without prejudice to the provisions of Law No. 1 of the year 1999 concerning health insurance for expatriates and the imposition of fees against health services, the employer shall bear all costs for the treatment of the worker who suffers work injuries or occupational diseases, at governmental hospitals or private treatment centers, including medicine and transportation expenses. The attending physician shall determine in his report the period of treatment, extent of disability resulting from the injury, and the extent of the worker’s ability to resume his work.
The worker and the employer shall have the right to object against the medical report before the Medical Tribunal at the Ministry of Health within a month from the date of issue of such report and by virtue of an application submitted to the competent authority.
Article (93)
The worker who suffers a work injury or occupational disease shall be entitled to his full remunieration throughout the period of treatment specified by the attending physician. In the event where the treatment period exceeds six months, the employee shall be entitled to half the salary until he completely recovers or until he is proven disabled or dead.
Article (94)
The worker or the beneficiaries through him shall have the right to claim compensation for the work injury or occupational disease in accordance with the list issued by means of a resolution of the Minister after considering the opinion of the Minister of Health.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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