Work injury
No doubt that the provision of working environment free of the various risks of industries and
raising the efficiency of protection means shall lead to reducing the occupational diseases and
injuries as well as protecting the workers from accidents.
This, it will lead to reducing the missing working hours as a result of the absence due to
suffering from disease or injury, in addition reducing the costs of treatment, qualification and
compensations against the occupational diseases or injuries. This will result in improving and
increasing the level of production as well as pushing forward the economic power of the state.
Occupational diseases:
It is defined diseases resulting from the direct impact of or productive operations and the work
environment pollution caused as a result of the residues and materials of such operations. The
occupational diseases may be resulting from the impacts of environmental impacts located in
the working environment that the worker may suffer from, including (noise, vibrations, radiations,
heat, humidity, etc.)
Definition of work injury:
The work injury is deemed any of the following cases:
1.
The accident that the worker may sustain during or due to the execution of the works
assigned thereto.
2.
The accident that the worker may sustain in his way from home to workplace and vice
versa, or in his way from the workplace to the place where he eats or performs the
prayers and vice veers.
3.
The accident that the worker may sustain during travelling to perform a task assigned
thereto by the employer.
4.
Sustaining an injury that the medical checks prove that it is due to the work.
5.
Sustaining any of the injuries contained in the table of occupational diseases.
Fatwa and legislation:
The Department of Fatwa and Legislation has concluded legal fatwa stipulates that the injury resulting fromaccident
shall be deemed as work injury in two cases:
First: The injury must be resulting from an accident that has occurred while executing the work. Second: The
accident must be a result of the work, provided that the existence of casual relationship between the occurrence
of the accident and the circumstance of work, so that had not been for this circumstance, the accident would not
have occurred. The said fatwa stipulates also that the injury the worker may sustain in his way from work place to
his home or vice versa shall deemed as the work injury, provide that the worker shall not stop walking or change
the defined directions.
The legislator has defined the status of work injury by virtue of the decree contained in Federal Law No. (8) of 1984
in item (14) article (1). The legislator mentioned in this decree that the work injury shall mean, in execution of the
provisions of this law, the injury that may be sustained during or due to the execution of work, or suffering from any
of the occupational diseases provided that honoring the applicable terms and regulations.
Article (9) of the cabinet resolution No. 13 of 1985 contained in the executive regulation of the law also stipulates
that any injury sustained due to an accident occurred during or due to the execution of work shall be deemed as
work injury.
The UAE Federal Law of Work Relations Regulation No. (8) of 1980, chapter (5), provided for the Workers› safety,
protection and health and social care. The above law has also provided for in chapter (8) thereof the compensations
against the work injury and occupational diseases in Article (142). If the worker sustained work injury or any of the
occupational diseases proved for in the two tables No. (1) and (2) attached to this law, then the employer or the
representative thereof shall immediately report the accident to the Department of Police and the Department of
Labor or any of the branches thereof in which circuit the work place is located. The report shall include the worker›s
name, address, nationality, brief description of the accident and its circumstances and the procedures take to
hospitalize or treat the worker. Upon the receipt of the report, the police shall conduct the required investigations and
write down in the record the statements of the witnesses, employer or the representative thereof and employee if
his condition allows doing so. The record shall particularly indicate whether the accident is relevant to the employer,
and whether it was as a result of the employer misconduct.
Al Ain Distribution Company has followed what is provided for in the legislations with regard to the care for the
worker and ensuring the safety thereof, as the section of safety and security plays an important role in complying
with the system of reducing and protection from injuries during the worker execution of works assigned thereto, as
the section shall provide the following:
1.
Training: providing trainingcourses to theCompany’sworkers andemployees alongwith explaining themethods
of protection and safety during the execution of work.
2.
Providing the clothes and equipment that suit the dangerous works and making sure that the workers always
wear such clothes and equipment during the period of executing the works.
3.
Issuing the work permits tomake sure that the worker is working in licensed area along with inspecting the work
area andenvironment.
4.
Continuous inspection of work sites and works to make sure that the workers comply with the provisions
contained in the procedures of safety. The said inspection shall include the workers and assets of the Company.
5.
Risks Definition and evaluation and the method of its control.
All the provisions contained in the procedure aim at ensuring the workers or employees› rights and verifying that the
injury was not due to the worker or injury negligence.
The Authority special policies have ensured for the worker the suitable for each case individually according to the
impacts of the damage sustained by the worker.
63
62
Legal Affairs
