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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

How we can file a case for clame accedent...

تم تقييم هذه الإجابة:
How we can file a case for clame accedent compensation and how many persentage the layer will be charged from me from the amount which is recive from compsation

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

We would like to inform you that if the injury happened during and because of the work, the employer must pay an injury compensation due to that the injury happened during work and because of it.

Therefore, if the injury is a work injury and the employer does not pay compensation for your work injury, you have to file a complaint against the employer at the Labor Office that he refrains paying the treatment expenses and the necessary compensation for the work injury.
the Federal Labor Law as the following articles state:

 

Article 91

Each employer shall provide appropriate safety measures to protect workers against the hazards of occupational injuries and diseases that may occur during the work, and also against fire and other hazards that may result from the use of machines and other work tools. He shall also adopt all other safety measures prescribed by the Ministry of Labour and Social Affairs. Every worker shall use the protective gear and the clothing supplied to him for this purpose, shall comply with all instructions given by the employer to protect him against hazards, and shall refrain from taking any action that might obstruct the enforcement of such instructions.

 

Article 142

Where a worker sustains any of the work-related injuries and occupational diseases listed in Schedules 1 and 2 attached to this Law, the employer or his representative shall report the matter immediately to the police and to the labor department or its local office within whose jurisdiction the place of business is located. The report shall include the worker's name, age, occupation, address, and nationality, and a brief account of the accident, its circumstances and the medical aid or treatment provided. On receipt of the report, the police shall carry out the necessary investigation and compile a report containing statements of the witnesses, of the employer or his representative, and of the injured (if his condition so permits), and shall particularly indicate whether the accident was work-related, deliberate, or the result of gross misconduct of the worker.

 

 Article 143

 On completion of the investigation, the police shall send one copy of the report to the labor department and one to the employer. The labor department may request a supplementary inquiry or may itself conduct one, if it finds it necessary to do so.

 

 Article 144

 Where a worker sustains a work-related injury or contracts an occupational disease, the employer shall pay for the cost of his treatment in a government or private local medical center until he recovers or is proven disabled. Treatment shall include costs of residence in a hospital or sanatorium, surgical operations, x-ray and medical diagnosis, the purchase of medicines and rehabilitation equipment, and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition to the foregoing, the employer shall pay the cost of any transport required in connection with the worker’s treatment.

 

 Article 145

Where an injury prevents a worker from carrying out his work, the employer shall pay him a cash allowance equal to his full pay throughout the period of treatment or for a period of six months, whichever is shorter. Where the treatment lasts for more than six months, the allowance shall be reduced by one-half for a further period of six months or until the worker fully recovers, is declared disabled, or dies, whichever occurs first.

 

Article 146

The cash allowance referred to in the preceding Article shall be calculated on the basis of the last wage received (for monthly, weekly, daily or hourly paid workers), and on the basis of the average daily wage referred to in Article 57(for those paid on piecemeal basis).

 

 Article 147 

On finalization of treatment, the attending physician shall compile a report in two copies- one to be delivered to the worker and the other to the employer- in which he shall specify the nature and cause of the injury, the date of its occurrence, the extent to which it is work-related, the period of treatment, whether it resulted in permanent or other disability, the degree of disability (if any), whether it is total or partial, and the extent to which the disabled worker is fit to resume his work despite the disability.

 

Article 149

Where a worker dies as a result of a work-related injury or an occupational disease, the members of his family shall be entitled to compensation equal to his basic wage for twenty four month, provided that the amount of compensation shall neither be less than eighteen thousand nor more than thirty five thousand Dirhams. The amount of compensation shall be calculated on the basis of the last wage received by the worker before his death. The compensation shall be distributed among the deceased worker's dependents in accordance with the provisions of Schedule 3 attached to this Law.

 

 Article 150

Where a work-related injury or an occupational disease permanently renders a worker partial disabled, he shall be entitled to compensation at the applicable rate specified in the two schedules attached to this Law, multiplied by the applicable death compensation amount provided for in the first paragraph of the preceding Article.

 

Article 151

The amount of compensation payable to a worker in the event of his permanent total disability shall be the same amount as that payable in the event of his death.

 

Article 153

An injured worker shall not be entitled to any compensation for an injury or disability that did not result in his death if the inquiries carried out by the competent authorities established that he willfully brought about his own injury with the intention of committing suicide or of obtaining compensation or sick leave, or for any other reason; or if, at the time of the occurrence, he was under the influence of a narcotic drug or alcohol; or if he intentionally violated the safety instructions posted at conspicuous positions in the workplace; or if his injury or disability was the result of gross and deliberate misconduct on his part; or if he refused for no good reason to submit to medical examination or to undergo the treatment ordered by a medical board set up pursuant to Article 148. In such circumstances, the employer shall not be required to provide treatment for the worker or to pay him any cash allowance.

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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