Employees spend a significant amount of their lives at work, and workplace injuries are not completely preventable even after taking high precautions. Employee welfare and workplace safety remain fundamental principles under UAE labour legislation. Recognising the risks associated with various occupations, Federal Decree-Law No. 33 of 2021 imposes obligations on employers to provide a safe working environment and grants workers important rights in cases of occupational injuries and illnesses.
Employer’s Duty to Ensure Workplace Safety
Employers must comply with occupational health and safety requirements because prevention is always the first line of protection. Employers are legally required to take proactive measures to reduce workplace risks and protect employees from harm.
Employer’s Duty Towards Occupational Safety and Health
Establishments are required to comply with Federal Law No. 13 of 2020 concerning Public Health. Employers must adhere to any other legislation relating to worker health and safety. The worker safety requirements, protection measures, and health care provisions are further explained clearly in the Executive Regulations.
Compensation Framework for Work Injuries and Occupational Illnesses
The Cabinet Resolution specifies work injuries, occupational illnesses, relevant conditions and procedures, employer obligations, compensation for permanent disability, compensation payable upon death, and the distribution of compensation among beneficiaries.
Employer’s Obligations Following a Work Injury or Occupational Illness
Medical Treatment Expenses
The employer must bear the treatment expenses and continue bearing such expenses until recovery, return to work, or disability is established.
Wage Entitlement During Treatment
The worker is entitled to a full wage for the first six months. During the following six months, they are entitled to half wages. The payment must continue until recovery, death, or disability is established, whichever occurs first.
Compensation in the Event of Death
If a work injury or occupational illness results in death:
- Compensation Amount – It would be equal to twenty-four months of the worker’s basic wage.
- The minimum compensation would be AED 18,000 and can go up to AED 200,000.
- The calculation is based on the worker’s basic wage before death.
- The family’s entitlement to end-of-service gratuity or any other financial entitlements would remain unaffected.
Circumstances Where Compensation Is Not Payable
The worker is not entitled to compensation if competent authority investigations establish any of the following:
- Intentional Self-Injury – The worker deliberately injured himself.
- Alcohol or Drug Influence – The worker was under the influence of alcohol, narcotics, or psychotropic substances when the injury occurred.
- Violation of Safety Instructions – The worker intentionally violated preventive instructions displayed in visible places at the workplace.
- Wilful Misconduct – The injury resulted from the worker’s wilful misconduct.
- Refusal of Examination or Treatment – If the worker refused medical examination or the prescribed treatment without any significant reason.
Conclusion
The UAE Labour Law establishes a balanced framework that promotes workplace safety while providing protection to workers who suffer occupational injuries or illnesses. Employers are required to maintain safe working environments and fulfil their obligations when workplace accidents occur. At the same time, employees must comply with safety instructions and cooperate with medical treatment requirements.
We at Ayesha Aldhaheri Advocates and Legal Consultants assist both employers and employees in understanding their rights and obligations relating to workplace safety, occupational injuries, and compensation claims under UAE labour laws. Our team provides comprehensive legal guidance on employer compliance, employee entitlements, workplace disputes, and compensation matters, ensuring that the interests of all parties are protected in accordance with the law.