Work injuries With the expansion of business – UAE Law With the expansion of business and the need for employment in all industrial and professional fields of different natures WhatsApp: +971555570005
work injuries
With the expansion of business and the need for employment in all industrial and professional fields of different natures , ranging from low work risk and very high risk which needs specific skills. As well as the expansion of the labor market globally to include industrial areas where dealing with equipment and materials extremely dangerous and causes expected damage to the worker over time, For all this came the need to identify work injuries and how to compensate them to take into account the interests of the parties of the employment contract, And without tendency to another party at the expense of another
So what are work injuries and how they are compensated?
Many laws defined work injuries precisely as: injury arising from an accident at work or due to work, or an occupational disease.
In this sense, the injury that occurs during or due to work includes traffic accidents and those that occur as a result of dealing with machinery and vehicles for work during operation. It can also be added to the injuries that occur to the worker because of work, such as those that occur on the way to his workplace and back home. Or if it was a task outside the work scope but it concerns the employer.
As for occupational injuries, Many laws have devoted a special area for them and detailed it, Can be summarized in certain types of work leading to sickness or injury or disability or death as a result of working in the field includes the following materials:
lead poisoning and its compounds, mercury, phosphorus, petroleum and tandem products Various of its compounds and derivatives, anionic and its contents, magnesium and its compounds, sulfurous metal, anesthetic or carbon tetrachloride, sulfurous metal, Incurable skin diseases, skin burns and eye effects due to heat and light, resulting diseases inhalation of asbestos and pestos dust, ascites ascites and enteric fever diseases.
Observed in occupational diseases, they occur after long periods of work due to exposure to risks resulting from the nature of these actions
What are the procedures followed in case of injury or death of the worker
Labor laws require the employer to transfer the worker to the hospital and ensure his treatment if the injury is a work injury, Until he recovers from illness or the injury, or competent medical committee decides if he is fit to practice the work again or hence his inability to work and terminate his contract., Residency in the hospital, operations, radiology and medical analysis, as well as the purchase of medicines and the provision of prostheses as well as transportation expenses are paid by the employer.
In the case of the death of the worker as a result of injury during working hours, the procedure followed is to report the death to the nearest police station within 24 hours.
Compensations:
The laws provide employees with monetary awards to cover loss of wages directly related to the accident as well as to compensate for permanent physical impairments and medical expenses.
The laws also provide benefits for dependents of those workers who are killed in work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. US state statutes establish this framework for most employment.
The exclusive remedy provision states that workers compensation is the sole remedy available to injured workers, thus preventing employees from also making tort liability claims against their employers
Claims under the common law for worker injury are limited by three defenses afforded employers:
1. The Fellow Servant Doctrine is that employer can be held harmless to the extent that injury was caused in whole or in part by a peer of the injured worker
2. Contributory negligence allows an employer to be held harmless to the extent that the injured employee failed to use adequate precautions required by ordinary prudence.
3. Assumption of risk allows an employer to be held harmless to the extent the injured employee voluntarily accepted the risks associated with the work.
While there are specific safety requirements for individual industries, which employers need to meet, there are often human errors that fall through the cracks simply because they’re overlooked.
So how to avoid work injuries?
1- Keep Workplace Clean
Most people don’t think of cleanliness as a deterrent to accidents but workplace order actually does diminish the chance of injury.
2-Post Proper Signage
Employers should post signs reminding employees of proper safety procedures in noticeable places and in spaces where those specific procedures should be practiced.
3- Stay up to Date on Vehicle Maintenance
For employers that provide staff with company vehicles to complete daily tasks, it’s imperative that cars are well maintained and serviced on a regular basis.
4 – Report Dangers and Accidents
Most employees know that they should report an actual accident but it’s important that employers encourage their staff to bring any foreseeable danger to management’s attention.
5- Provide Proper Training
All staff need to be properly trained for their position. This includes teaching them how to use equipment and follow safety procedures during their course of work.
6- Provide Proper Equipment
All staff must also be equipped for their specific job. Equipment may vary from safety harnesses to proper gloves and goggles. Under no circumstances should employees perform functions without the proper equipment..
In conclusion, it can be said that labor laws, which have become of a universal character, are similar in many of their provisions in the case of labor injury, because of the codification of labor issues which has become a necessity with the expansion of the labor market and the emergence of related disputes, which provided an opportunity to cross ideas to develop labor legislation and a large area for this branch of labor.
The law is important because it relates to production and the economy and therefore the need for stability between the worker and the employer and to achieve justice in the disputes that arise between them, which is in the interest of States and their economies in the first place.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
Work injuries With the expansion of business – UAE Law With the expansion of business and the need for employment in all industrial and professional fields of different natures WhatsApp: +971555570005
