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Understanding Workplace Injury Claims in the UAE

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A safe and secure working environment is crucial for the welfare and productivity of employees. However, accidents and injuries can still occur in the workplace. In such cases, it is essential for both employees and employers to be aware of their rights and responsibilities related to workplace injury claims.

This article will explore the legal framework for workplace injury claims in the UAE, focusing on employee rights, employer responsibilities, and the process for pursuing a successful claim.

Employee Rights in Workplace Injury Claims

1. Right to Medical Treatment

Employees in the UAE have the right to receive medical treatment for any workplace injuries at the employer’s expense. The employer is legally obligated to provide immediate medical assistance and pay for the necessary treatment until the employee recovers or reaches a stage of disability.

2. Right to Compensation

Injured employees have the right to compensation, which depends on the nature and extent of the injury, as well as the employee’s wages. Compensation can be in the form of sick leave benefits, a lump sum amount, or disability benefits, depending on individual cases.

3. Protection from Retaliation

Employees have the right to protection from any work-related retaliation for pursuing workplace injury claims. Employers cannot terminate the employment contract or take any adverse action against the employee due to their injury claim.

Employer Responsibilities in Workplace Injury Claims

1. Ensuring a Safe Work Environment

Employers are responsible for providing a safe work environment by implementing proper safety measures and procedures, as per the UAE’s health and safety regulations. This responsibility includes conducting regular risk assessments and providing necessary training to prevent workplace accidents.

2. Reporting Workplace Accidents

In case of a workplace accident resulting in injury, employers must report the incident to the relevant authorities, such as the Ministry of Human Resources and Emiratisation (MOHRE) and the police. They need to provide all the necessary information about the accident, including the circumstances, the employee’s details, and the treatment provided.

3. Insurance Requirements

Employers are required to provide insurance coverage for the employees. The insurance policy should cover workplace injury claims to ensure employees receive proper assistance and compensation, as mandated by the UAE’s labour laws.

The Process for Pursuing Workplace Injury Claims

1. Reporting the Injury

An employee who suffers a work-related injury must report the incident to their employer as soon as possible. This step is crucial for initiating the claim process, and any delays might impact the employee’s eligibility for compensation.

2. Seeking Medical Treatment

Employees must seek medical treatment promptly for their injuries. Healthcare providers will issue medical reports to document the employee’s injury, diagnosis, and recommended treatment. These reports are crucial for pursuing a workplace injury claim.

3. Filing a Claim

To file a workplace injury claim, employees should submit a formal complaint to the MOHRE or the relevant authority in their respective emirate. The complaint should include all pertinent information about the injury, such as medical reports and supporting documents, to facilitate the compensation process.

4. Investigation and Awarding of Compensation

Once the claim is filed, the relevant authority will investigate the case and determine the appropriate compensation amount. Factors to be considered include the extent of the injury, the employee’s earnings, and the severity of the employer’s negligence, if any.

5. Appeal Process

If an employee is unsatisfied with the compensation amount or if there’s a dispute between the employee and the employer, the employee can appeal the decision within 30 days. An appeal can be filed at the Court of First Instance in their respective emirate.

Conclusion

Workplace injury claims are a critical aspect of employee rights and employer responsibilities in the UAE. Understanding the legal framework and the claim process is essential for ensuring fair and just compensation for employees who have suffered work-related injuries. So, if you need help with any aspect of workplace injury claims, be sure to work with a professional today!

Al Kabban & Associates Law Firm can offer invaluable guidance and support in pursuing workplace injury claims, safeguarding employees’ rights, and holding employers accountable for their responsibilities. Trust our best lawyers in Dubai to help you navigate the complex landscape of workplace injury claims.

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