UAE Announces New Rules Regarding Work Injuries And Accidents

The UAE Ministry of Human Resources and Emiratisation (MoHRE) has issued its latest resolution on workplace injuries and occupational diseases. It has also released a set of criteria that the employee should follow in order to avail of the benefits provided under the new rule.

This rule is applicable to every organization that has a total employee count of 50 or above. They should devise a unique method to track the incidents related to injury or illness. The workplace-related incidents are required to be recorded in a database and this system should also monitor the injuries and illness of the employees at the place of their work.

UAE’s MoHRE on Tuesday issued a new Announcement 

The necessary prevention methods and rehabilitation programs should also be listed by the company for workers who are involved in dangerous working conditions.

The company should take special attention to elaborate in detail on the nature of the work that is being done and if it will pose any kind of harm to the health and safety of the workers.  

The annex titled ‘Schedule No.1’ attached to the cabinet resolution defines a set of seventeen specific diseases that can arise due to continuous exposure to radiation, micro-particles, or chemicals at the workplace.

The MoHRE website had defined occupational disease as a disorder caused by work or working conditions. This defines that the disease should have developed due to exposure to different elements in the workplace and the connection between workplace exposures and diseases have been proved through research too.    

It is the responsibility of the employer to treat the workplace-related injury or illness of a worker. The amount to be compensated is decided according to the latest basic salary of the worker and an employee is eligible to receive the compensation only after a medical report has been submitted to the employer that indicates the level of injury within ten days of the incident.

If the injury or disease leads to the death of the worker, then the compensation will be given to the legal heir of the deceased person with respect to the law of the land or according to what the worker had decided before their death. 

Cabinet resolution No 33 of 2022 defines the conditions for partial disability caused by workplace illness or injury. If the employee sustains a partial disability because of the workplace injury or illness then they are entitled to get a portion of the total value calculated under permanent complete disability.

The portion amount will be decided according to the rules laid out in the cabinet resolutions. The nature of the disability will be decided by a specialized medical committee and if it is decided as a complete disability then the compensation amount is equal to the amount given in case of death of the worker.

Schedule 2 of the cabinet resolution also lays down instances that can be considered as permanent total disability. They are listed as follows: 

1. Loss of arms from the shoulder or loss of two or more limbs. 
2. Accidents lead to total paralysis of the body. 
3. Conditions causing a total mental deficiency. 
4. Injuries causing blindness or eyes themselves. 
5. Head injury or injury to the skull that leads to constant headaches. 
6. Injuries or damage to the internal organs causes the organ to stop working normally. 
7. Instances where the face has been disfigured. 

Apart from these, schedule no 3 in the resolution defines forty-five instances of injuries that can lead to permanent partial disability. These injuries can also be divided according to the severity and the compensation would be decided based on that.                

The employer shall not end the work agreement or work relationship with the employer until the compensation or benefits has been given to the worker.

In exceptional cases, the employee can end the job agreement with the company before the submission of the medical report only if a report has been submitted by the relevant committee regarding the matter.

In this case, the employee will be eligible for all the rights to compensation.   

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In case of a workplace injury, the incident should be reported by the employer using the MoHRE smartphone app that is available for android and apple. There is a ‘report injury’ section in the app where the necessary details have to be filled in.

According to article 37 of the labor law, the employer shall bear the medical expenses of the worker’s treatment until he recovers and can return back to work. If the injury or illness prohibits the employee from doing their work then the employer will have to pay the worker compensation that is equal to the full wage of the worker for a period of six months or during the treatment period, whichever is less.

If the treatment goes beyond six months, then the employer shall pay half the amount of his wage for another six months or until the condition is cured, whichever is earlier. 

The new resolutions passed on Tuesday further strengthen the Human Right Protection System of the UAE and instill confidence in the workforce of the nation.