UAE Labour Law: Work Injuries And Occupational Disease

The UAE government, primarily through the Ministry of Human Resources and Emiratisation (MoHRE) and the Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relationships (the "UAE Labour Law"), implements a comprehensive system to safeguard employees from work injuries and occupational diseases.

Occupational Disease and Work Injuries

The UAE Labour law distinguishes between occupational disease and work injuries and lays down clear laws regarding the same. Cabinet Decision No. 33/2022 on Work Injuries and Occupational Disease further explains the several types of diseases, injuries and the extent of compensation for each.

Federal Decree Law No. 33 of 2021 on Regulation of Labor Relations, under Article 1, defines occupational diseases as illnesses that are caused or made worse by the workplace environment, activities, or exposures. These illnesses result from prolonged exposure to hazards such as chemicals, dust, repetitive motions, stress, or biological agents, leading to a range of issues from allergies and to cancers. Cabinet Decision No. 33/2022 on Work Injuries and Occupational Disease under table 1, lists down the occupational diseases, and the type of work that causes these diseases. It includes diseases that arise due to exposure or poisoning of certain elements, skin diseases, and deterioration of eye sight due to exposure to high levels of temperature and light.

Work injuries are any injury that arises during or because of an employee's performance of work. Every accident that is proven to have occurred to the worker during the period of his commute to and from Work, without interruption or deviation of the normal journey, is also considered as work injury.

Procedures to be Followed in case a Work Injury or an Occupational Disease

In case the worker has a work injury or an occupational disease as defined under Cabinet Decision No. 33/2022, the employer or his legal representative must follow the following procedures:

1. Notify a medical entity.
   In the event of a work injury or occupational disease, the employer must inform a medical facility, as soon as he becomes aware of the same. Under Article 1 of Cabinet Decision No. 33/2022, a medical entity may be any federal or local governmental facility providing health services in the UAE or any private health facility that is licensed to provide health services in the UAE.
2. Notify the competent police station
   If a work injury occurs as a result of an accident, an immediate notification must be given to the appropriate police station. In case of an occupational disease, such notification must be given from the date the employer is aware that there is suspicion of an occupational disease.
3. Notify the Ministry
   The relevant authority must be notified through the channels dedicated for this purpose within (48) hours from the date of knowing that there is suspicion of an occupational disease or from the occurrence of any other work injury. The notification must include the name, age, profession, nationality, employer and identity number of the worker, as well as a brief description of the accident or occupational disease and the circumstances thereof, in addition to the procedures to be taken to give first aid and treat the concerned worker.

Investigation regarding Work Injuries and Occupational Diseases

Upon notification to the relevant police station, an investigation will be conducted as per the relevant procedures in order to understand whether the injury is related to the work or not and whether the occurrence of such injury was expected or resulted from any of the following reasons:

1. whether the worker intentionally caused harm to himself
2. whether the injury occurred pursuant to misconduct from the worker
3. whether the worker was under the influence of alcohol or drugs or any other psychotropic substances
4. whether the injury occurred due to an intentional breach of the prevention instructions placed at prominent places of the work site

Along with the investigation, an inspector from the Ministry or the relevant entities (Health Authorities or municipalities), with the assistance of the inspection entities, shall gather evidence if necessary. Information and data gathered through such investigations will be deemed as evidence used by the Medical Entity to issue a final decision determining whether there is an occupational injury or not. The investigation entity shall provide the Ministry with a copy of the procedures carried out thereby with a copy of the minutes of evidence.

Medical Report

Upon the completion of hospital treatment, the medical entity will prepare a comprehensive report regarding the work injury or occupational disease, determining the type of the injury and occupational disease, the reason behind such cases, the date of their occurrence, the extent of their relevance to the work, duration of the required treatment and degree of the disability, whether it is a total or partial disability and the capacity of the injured worker to continue working. This report must be approved by the federal or local governmental Health Authority. The report will then be delivered to the worker and a copy of the report will be delivered to the employer and the Ministry.

Obligation of the Employer to Provide Compensation for Work Injuries and Occupational Diseases

In the cases of work injuries and occupational diseases, the employer is required to pay the due compensation to the worker according to the tables annexed to Cabinet Decision No. 33/2022 on Work Injuries and Occupational Disease, after the following considerations

1. whether there has been a total disability of any organ of the body or part of the body, deemed as total loss of such organ or part of the body
2. In case the employer is left-handed, then all the compensations listed in the annexed tables in terms of the left hand shall be deemed as applicable to the right hand
3. In the cases of deformation or unnatural change of any organ of the body or part of the body or any sense that is not mentioned in the tables annexed to the present Decision, the degree of disability shall be assessed by the competent medical committee.

Conclusion

Strong labour laws ensure worker dignity, fairness, and safety in the workplace. Federal Decree Law No. 33 of 2021 on Regulation of Labor Relations read along with Cabinet Decision No. 33/2022, provides a comprehensive set of regulations to identify and compensate work injuries or occupational diseases. These laws reflect the UAE government's dedication to forming a stable and just society.