What are the Rights of an Employee if he/she Get Injured at Work as per the New UAE Labour Law effective from February 2022?

The new labour law – Federal Decree-Law No. 33 of 2021 on the regulation of labour relations – has updated the regulations for the private sector in the UAE for the compensation for work injuries and occupational diseases and will come into effect on February 2, 2022.

As per the Article 37 of the New Labour Law on compensation for work injuries and occupational diseases:

  1. There shall be determined, by decision of the Cabinet, upon proposal of the Minister and in coordination with the concerned entities, the Work Injuries and occupational diseases, the conditions and procedures to be followed in the event of occurrence of any of the foregoing, the obligations of the employer in this respect and the amount of compensation due to the employee in the event of permanent total disability or permanent partial disability, and compensation due to his Family in the event of his death and the rules of distribution of compensation and amount thereof.
  2. If an employee suffers a work injury or occupational disease, the employer shall:
  • Bear the employee’s treatment costs until he recovers and reports to duty or proves his disability, in accordance with the conditions, controls and procedures set by the Executive Regulations of this Decree-Law.
  • If the work injury or the occupational disease prevents the employee from performing his work, the employer shall pay the employee his full wage for the period of treatment or for a term of six months, whichever is lesser. If the treatment period exceeds six months, the employee shall be paid the half wage for the subsequent six months or until he recovers, proves his disability or dies, whichever is earlier.
  1. If the employee dies as a result of work injury or occupational disease, his family shall be entitled to compensation equal to the basic wage of the worker for 24 months, provided that the compensation amount is not less than Dh18,000 and not in excess of Dh200,000. Compensation amount shall be calculated on the basis of the basic wage received by the employee before his death and shall be distributed to his successors as specified by the Executive Regulations of this Decree-Law. The family shall reserve the rights to severance pay, and any other financial entitlements due to the employee.

As per the Article 38 of the New Labour Law on cases of non-entitlement of employee to work injury compensation:

An employee shall not be entitled to compensation for work injury, if the investigations of the competent authorities reveal that any of the following events occurred:

  1. In case of deliberate self-injury.
  2. If injury occurs under the influence of alcohol, drugs or other psychotropic substances.
  3. If the injury is the direct result of a deliberate violation of precautionary instructions posted in visible places at the workplace, as specified by the Executive Regulations of this Decree-Law.
  4. If the injury is the direct result of the employee’s deliberate misconduct.
  5. If the employee refuses, without serious cause, to undergo a check-up or follow the treatment prescribed by the medical institution.

Deena

Human Resource professional and writer.

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