Distinguish Between Occupational Injuries And Other Injuries
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Labor law | Work injuries

Distinguish Between Occupational Injuries And Other Injuries – UAE Law

Distinguish Between Occupational Injuries And Other Injuries – UAE occupational injury as defined by article (1) of the UAE labor code as an injury to a worker in any of the work-related diseases listed in the schedule attached to the labor law WhatsApp: +971555570005

 

How To Distinguish Between Occupational Injuries And Other Injuries

 

occupational injury as defined by article (1) of the UAE labor code as an injury to a worker in any of the work-related diseases listed in the schedule attached to the labor law, or any other injury sustained by a worker during and by reason of carrying out his duties .Any accident sustained by a worker on his way to or back from work shall be considered an occupational injury, provided that the journey to and from work is made without any break, lingering or diversion from the normal route.

Based on this definition we have been able to identify cases of diseases and injuries that can be considered as an occupational injury by:

First: Worker’s injury to an occupational disease:

These diseases are listed in Table (1) attached to the Labor Law. In order to be considered as an occupational injury, the occupational disease suffered by the worker must be mentioned in this table, in addition to another condition, that there is a causal relationship between the occupational injury and the nature of the occupation. If the worker is poisoned with petroleum products – an occupational disease listed in the table above – and the worker who has been exposed to poisoning works in one of the petroleum treatment plants, there is a causal relationship between the occupational disease that the worker has suffered and the nature of the profession that he Practice, and therefore are inevitably an occupational injury because the two mentioned conditions are fulfilled.

Second: Injury as a result of an accident occurred during or due to work:

Its known that the accident in order to be called an accident must occur as a result of an effective influential intervention ,which is not by the will of the worker and also to occur suddenly and harm the worker ,and in the absence of these three pillars the event will not be consider as an accident .

For an accident to be considered an occupational injury, it requires that the injury be done during or due to the performance of work, and they are two cases:

• The accident occurred during the performance of work:

It is legally intended that the accident occur during the period of work in his place of work, even if the accident has not occurred because of the work itself, if a worker skated on the floor of the lab where he works, and broke his hand this shall be considered an occupational injury, regardless of the nature of work, the worker is here during his tenure and under the supervision of the employer.

• The accident due to work:

such as cases of chemical poisoning as a result of continuous exposing to it, as the work itself in this case is the cause of the worker’s injury.

Third: The injury of the worker during the journey to and from work:

This includes the original place of work or any other place of work where the worker has been temporarily assigned to work, work injury shall also include any accident sustained by a worker on his way to or back from home e or any other place where he resides temporarily, if the worker is obliged to – due to the illness of a family member – to sleep at the hospital as a co-patient, and this worker was subjected to an accident while h was going to that hospital after he left his work this situation here is considered an occupational injury, but the legislator in case of occupational injury sustained by a worker on his way to or back from work it stipulated that the journey should be without breaks, lingering or diversion from the normal route, Here each of them must be clarified:

• lingering: For example, if a worker stays in his place of work after the end of the official working hours without justification related to work, or for example, if he stays in the transport station for a long time without taking a transport to reach his home.

• Break: If a worker had gone out of his job to attend a football match, the situation would be considered as a break, so any accident he might have suffered would not be considered as an occupational injury.

• Diversion: Such as taking a way back to his home is not the usual route so that it deviates away from the basic route that he normally takes.

As a result, according to the essence of this article, we have drawn the precise boundaries between occupational injuries and other injuries that might occur to the worker, according to the legislator’s view of the UAE Labor Law.

 

Mohamed Mahmoud Al Marzooqi law firm

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

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Distinguish Between Occupational Injuries And Other Injuries – UAE occupational injury as defined by article (1) of the UAE labor code as an injury to a worker in any of the work-related diseases listed in the schedule attached to the labor law WhatsApp: +971555570005

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