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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

I am Mozammel. I am work in qatar.i fall from...

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I am Mozammel. I am work in qatar.i fall from height.my hand left distal humerus intercondylar fracture with radial nerve palsy. Madical reports my hands 0.25% damage.but our company says this small points so don't have insurance so my questions 0.25% damage hand have insurance or no

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that the rights of the worker in case of injury to work based on the Qatari Labor Law:

The labor rights in accidents are as follows:

1) Compensation awarded by the Labor Committee

2) End of service benefits for the full term of the contract and equivalent to 3 weeks' salary for each year of service

3) Full wages for the remaining period of the contract
Second: How to claim labor rights
The law gives you the right to appeal to the Committee for the Settlement of Labor Disputes, and if it becomes clear that you have been arbitrarily dismissed, one of the following decisions shall be decided:
1) Either decide to cancel the dismissal decision and return you to work
2) or decide to compensate you in an appropriate manner in addition to your other labor rights.
You can also go to court and file a labor case and claim all your rights
Article (10)
All lawsuits filed by the workers or their heirs claiming the entitlements accruing under the provisions of this law or the service contract shall be dealt with urgency and shall be exempted from judicial fees.
Subject to the provisions of Article 113 of this law, the right to file a lawsuit for a claim of the entitlements accruing under the provisions of this law or the service contract shall lapse by the expiry of one year from the date of expiry of the contract.
Following are the legal texts relevant to your inquiry stipulated in the Qatari Labor Law:

 

Article (108)

If the worker dies while on duty or because of the work or sustains a work injury the employer or his representative shall immediately notify the police and the Department of the incident.

The notification shall include the name, age, profession, address and nationality of the worker and a brief description of the incident, the circumstance where it took place and the actions taken for aiding or curing the worker.

The police shall upon receipt of the information undertake the necessary enquiries and the record shall contain the statements of the witnesses and the employer or his representative and the statements of the injured if his condition so permits and the record shall explain the relationship of the incident to the work.

The police shall upon completion of the inquiry send a copy of the record to the Department and a copy to the employer. The Department may require completion of the enquiry if it deems necessary.

Article (109)

The worker who sustains a work injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the employer in accordance with the decision of the competent medical authority.

The worker shall receive his full wage during the treatment period or the period of six months whichever is nearer. If the treatment continues for a period exceeding six months the worker shall be paid half of his wage until his recovery or proof of his permanent disability or death whichever is nearer.

Article (110)

The heirs of the worker who dies because of the work and the worker who sustains a work injury resulting in a partial or total permanent disability shall be entitled to receive compensation. The amount of compensation in case of death of the worker because of the work shall be calculated in accordance with the provisions of Islamic Sharia.

The work injury resulting in a total permanent disability shall be considered as a death of the worker. The proportion of the partial permanent disability to the permanent total disability shall be fixed in accordance with the schedule (2) of this Law and the amount of compensation in this case shall be calculated on the basis of this proportion from the amount of compensation provided for in the preceding paragraph.

Article (111)

The provisions of the preceding two Articles shall not apply if any of the following has been proved:

  1. The worker had intended to injure himself.
  2. The worker was at the time of occurrence of the injury or death under the influence of a drug or liquor and that the said influence was the cause of the injury or death.
  3. The worker violated the instructions of the employer concerning the preservation of vocational health or safety or committed a gross negligence in the carrying out of these instructions.
  4. If the worker without a genuine cause refuses to subject himself to the check-up or adopt the treatment prescribed to him by the competent authority.

Article (112)

If a dispute arises between the worker and the employer as to the ability of the worker to resume his work or as to any other medical matter related to the injury or disease or the treatment prescribed thereof or the applied treatment the Department shall refer the dispute to the competent medical authority. The decision of the said authority on the matters falling within its competence shall be final.

Article (113)

The right of the worker to claim compensation for the disability or death shall extinguish by the lapse of one year from the date of the medical report containing the occurrence of the disability resulting from the injury or the confirmation of the occurrence of the disability because of any of the occupational diseases contained in schedule No. (1) attached to this Law or from the date of the death of the worker.

Article (114)

The employer shall pay the compensation for the disability within a period not exceeding fifteen days from the date of proof of the disability of the worker or from the date of announcement of the result of the inquiries supporting the occurrence of the disability because of the work.

The employer shall deposit the compensation for the death in the court’ within a period not exceeding fifteen days from the date of death or from the date of announcement of the result of the injuries supporting the occurrence of the death because of the work. The court shall distribute the compensation for death amongst the heirs of the deceased in accordance with the provisions of the Islamic Sharia or the personal law applied in the country of the deceased. The compensation shall be vested in the public treasury of the State if three years lapse without specifying persons entitled thereto.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
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