Procedures to file work injuries lawsuits – UAE Law The research in the case of work injuries and occupational diseases before the judiciary is of special WhatsApp: +971555570005
Procedures to file work injuries lawsuits
The research in the case of work injuries and occupational diseases before the judiciary is of special importance at the present time in order to increase and diversify of the work and projects of public and private sectors, and because of accidents and diseases that occur as a result of these acts and since the judiciary is the owner of the mandate in determining this injury or occupational disease we must Grievance before it in such cases.
It is also necessary to know the competent court and how to bring the case before it and what laws related to these claims?
First, the laws regulating the rights of workers and employers, including occupational injuries and diseases in many countries, are labor laws and social security laws. .
We find that the labor laws defined occupational injuries accurately and specifically, for example, the UAE Labor Law No. 8 of 1980, which defined it as follows:
” Any of the work-related diseases listed in the schedule attached hereto 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. “
In its articles 142 to 153, the law regulates the issue of work injuries and occupational diseases and in relation to the initial procedures before filing a lawsuit, the employer in his representative shall immediately notify the nearest police station in case of injury to a worker. The witnesses, the employer and the injured shall be recorded in the minutes, if his condition permits. The statement shall indicate whether the accident was related to work or if it occurred as a result of obscene behavior on the part of the worker.
Perhaps the wisdom is to investigate the issue of injury to rule out any criminal suspicion. If the police have completed their investigation, a copy of it shall be sent to the competent labor department authorized by law to request the completion of the investigation or to do so by themselves. However, unlike other labor cases, labor injury disputes are in many countries where the Labor Court accompanies the social insurance law for two reasons,:
The first reason is
that the Social Insurance Law obliges employers to pay social insurance paid to workers in cases of injury and disability. Thus, if the employer is obliged to pay these insurance, the social insurance institution must contribute to the payment of compensation determined by the court.
The second reason is
that the court may find that it is inevitable to include the social insurance institution if there is any dispute between them and the employee or the employer that has not been settled between them outside the court.
As mentioned above, the Labor Court is the competent arbitrator to adjudicate claims for compensation for work injuries and occupational diseases qualitatively according to many Labor and social insurance laws they request that the issue should be primary resolved in labor offices and institutes, If the dispute is not resolved, it shall be referred to the Labor Court for adjudication.
Therefore, if the dispute is not resolved before these parties and litigation before the court becomes imperative, the rules of local and values jurisdiction of the labor courts must be respected.
Depending on what it is asking for in the lawsuit, the value of the lawsuit must be written because in many countries, unlike ordinary labor cases, courts may order the collection of charges for claims of work injuries and occupational diseases.
To summarize the claim for compensation in cases of work injury and occupational diseases should follow the following:
First, inform the nearest police department to make the necessary investigations and make sure the incident is clear
Secondly, the competent labor office should be informed of the incident in order to carry out the medical procedures of the worker to determine the injury, disability and these issues
Thirdly, a request should be made to the competent social insurance department if the worker is insured, otherwise the matter will be decided by the competent labor court in the event that the worker is not insured or in the event of a dispute between the worker and the employer with the Social Insurance Department over compensation. As a party to the case if the dispute is not settled before it.
Secondly UK:
The Workmen’s Compensation Act 1906
was an Act of the Parliament of the United Kingdom which deals with the right of working people for compensation for personal injury. The Act expanded the scheme created by the Workmen’s Compensation Act 1897.
It fixes the compensation that a workman may recover from an employer in case of accident, esp. the British act of (1906) giving to a workman, except in certain cases of “serious and willful misconduct,” a right against his employer to a certain compensation on the mere occurrence of an accident where the common law gives the right only for negligence of the employer.
A ‘workman’ was defined as:
” any person who enters into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, is oral or in writing. “
in Chandler v Cape that even though a subsidiary company is the direct employer of a worker, a parent company will owe a duty of care. Thus shareholders may not be able to hide behind the corporate veil to escape their obligations for the health and safety of the workforce.
The main method of enforcement of labor law is through the Employment Tribunal. And there is a law specialized called The Employment Tribunals Act 1996
is a UK Act of Parliament, relating to UK labor law, that establishes the Employment Tribunals and Employment Appeal Tribunal, and sets their jurisdiction.
In conclusion,
The case of work injury and occupational diseases has become, by virtue of the diversity of the work of the proceedings touched on them a lot and therefore find that it has devoted its space and organized in a strictly organized mostly local and global laws. We find that most laws defined the injury and showed how to be medically and judicially determined according to pre-set standards, and we find that many countries have tended to establish social insurance institutions in order to prevent such damages resulting from business and projects.
Also, procedural issues have not been overlooked. Most, if not all, of the labor courts have been established, and they have been adjudicated in all matters of labor as an inherent qualitative competence solely to safeguard the rights of workers and employers by having specific laws known to all that achieve justice and give everyone the right.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
Procedures to file work injuries lawsuits – UAE Law The research in the case of work injuries and occupational diseases before the judiciary is of special WhatsApp: +971555570005
