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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Can I ask if I get injured inside the shop where...
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform that First: The rights of the worker in the case of work injury based on the law regulating the UAE labor relations
You should know that the law guarantees you a range of rights when you are injured by a work. These rights are:
1) The obligation of the employer to pay full treatment expenses
2) If the injury caused the worker to prevent the worker from doing his job, the employer is obliged to pay aid equivalent to the full wage of the worker during the treatment period or for six months, whichever is shorter
3) Compensation for work injury whether partial or total disability
Second: The mechanism of claiming the worker's rights in the case of injury based on the UAE Labor Relations Law:
If the employer fails to fulfill his obligations to you in the event of work injury you have two ways to claim your rights
1) Complaint to the nearest employer against the employer
(2) A lawsuit is filed and its fees are free of charge and are promptly reviewed by the judiciary. Article (5) of the law stipulates that:
Article (5):
shall be exempt from the fees of the jurisdiction proceedings and the claims filed by the workers based on the provisions of this law. In the event of a judgment of inadmissibility or refusal, the Court may adjudicate all or some of its expenses to its addressee.
If the employer terminated the worker's services in the event of filing a complaint with the Labor Office or initiating a lawsuit, this chapter is considered an arbitrary chapter. Article 122 states:
Article (122):
dismissal of the worker by the employer is arbitrary if the reason for the termination is not related to the work, and in particular the termination is considered arbitrary if the termination of the worker's service due to a serious complaint to the competent authorities or filing a case against the employer and it is proved that it is true
Following are the UAE labor law provisions related to your situation:
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 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
For the purposes of this Article the expression “deceased worker's family” refers to the following persons who were wholly or substantially dependent for their subsistence on the deceased worker's income at the time of his death:
1. Widow(s);
2. Children, namely-
• Sons who are under 17 years of age, and also sons who are regularly enrolled in educational institutions and are under 24 years of age or
who are too mentally or physically incapacitated to earn their own living. The term “sons” includes the sons in law of the husband and of the wife who were dependent on the deceased worker at the time of his death;
• Unmarried daughters, which term includes also unmarried daughters in law of the husband and of the wife who were dependent on the deceased worker at the time of his death;
3. Parents;
4. Brothers and sisters, subject to the conditions prescribed for sons and daughters.
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.
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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