MoHRE: Six cases where an employee is not eligible for compensation for a work-related injury

Date:

Compensation limits set under strengthened workplace safety regulations.

Abu Dhabi: The UAE Ministry of Human Resources and Emiratisation (MoHRE) has introduced a detailed framework for managing occupational injuries and work-related illnesses.

The regulations are part of wider occupational health and safety measures designed to minimise workplace accidents and enhance the role of ministry inspectors in overseeing, reporting, and monitoring work-related injuries.

The ministry clarified that employees are not eligible for work injury compensation in the following six circumstances:

The ministry outlined the following six cases in which an employee is not entitled to compensation for a work-related injury:

  • If the employee intentionally causes an injury to themselves for any reason.
  • If the injury occurs while the employee is under the influence of alcohol, narcotic substances, or other substances that affect mental awareness.
  • If the injury is caused by the employee’s deliberate violation of workplace safety instructions displayed in visible areas, in accordance with the law’s Executive Regulations.
  • If the injury results from intentional misconduct by the employee.
  • If the employee refuses, without a valid justification, to undergo a required medical examination or comply with treatment prescribed by the relevant medical authority.
  • If the competent authorities determine that the injury occurred due to the employee’s intentional breach of workplace safety requirements displayed at the worksite.

Cultural diversity in the UAE labour market

The UAE labour market is renowned for its exceptional cultural diversity, bringing together a broad mix of nationalities, backgrounds, and professional expertise. This multicultural workforce contributes to a dynamic working environment and supports the country’s economic growth across various sectors.

Despite the UAE’s diverse labour landscape, employers and employees continue to uphold the standards and obligations established under national occupational health and safety regulations.

Through its comprehensive regulatory framework and enforcement measures, MoHRE aims to promote a safe, healthy, and secure workplace environment, helping improve productivity and ensure the efficient completion of projects.

Employers are also responsible for providing workers with personal protective equipment at no cost, along with appropriate training and qualification programmes to equip them with the skills needed to manage occupational hazards related to their roles.

In addition, regular medical check-ups are carried out to ensure workers’ health is monitored and that they are protected from exposure to occupational diseases.

Occupational Health and Safety Legislation

The UAE’s occupational health and safety laws have played a key role in strengthening compliance with workplace safety standards and requirements.

Private-sector employers are required to record and maintain data on workplace injuries and occupational diseases through dedicated systems. These records help authorities monitor safety trends, address related challenges, and identify potential workplace risks.

These measures help create a safe workplace free from occupational hazards while supporting employees’ psychological well-being, productivity, and overall efficiency.

Under the applicable regulations, private-sector establishments are required to implement dedicated systems for monitoring occupational injuries and work-related diseases.

These systems must include:

  • Registers for recording workplace injuries and occupational illnesses.
  • The provision of personal protective equipment and training programmes for workers involved in high-risk activities.
  • The identification of all workplace activities that may pose risks to employees’ health and safety.
  • Employee health and safety monitoring mechanisms.
  • Periodic medical screening programmes.
  • Internal reporting procedures.
  • Investigation processes for workplace injuries and occupational disease cases.

Employers are also required to establish mechanisms for obtaining reports from medical committees that determine the level of disability resulting from workplace injuries.

In addition, employers are required to maintain records of workers’ medical examinations, retain records of employees exposed to occupational hazards for at least five years after the end of their employment, and provide employees with documents confirming their service period upon termination.

Treatment and compensation for injured employees

Employers are responsible for covering the medical treatment expenses and compensation due to employees who suffer workplace injuries or occupational diseases.

Compensation for a work-related injury is calculated based on the employee’s latest basic salary and must be paid within a maximum of 10 days from the date of issuing the medical report that determines the extent of disability.

In cases where a workplace injury or occupational disease leads to an employee’s death, compensation is paid to the employee’s heirs in accordance with applicable UAE laws or based on the employee’s documented instructions made before death.

If a workplace injury or occupational disease results in partial disability, the employee is entitled to compensation calculated according to the percentage of permanent total disability, as provided under UAE Cabinet Resolution No. 33 of 2022.

In cases of permanent total disability, the compensation payable is equivalent to the amount awarded in cases of death. In both permanent total and partial disability cases, the final assessment is determined by a specialised medical committee.

Employers are not permitted to terminate the employment relationship or cancel the employment contract of an employee who has suffered a workplace injury or occupational disease until all applicable entitlements have been fully settled.

If an employee chooses to end the employment contract before the medical committee issues its report, their rights remain protected and will be determined based on the committee’s final findings.

MoHRE has called on employers to immediately notify the relevant medical authorities once they become aware of a workplace injury or a suspected occupational disease, in line with the approved procedures and reporting mechanisms established by those authorities.

The ministry also highlighted the importance of promptly reporting workplace injuries, suspected cases, or confirmed occupational diseases to the competent police authorities within the establishment’s geographical area through the approved channels, including operations rooms and direct communication with the relevant police stations.

Integrated legal framework: Balancing worker protection and occupational safety responsibilities

The UAE has placed strong emphasis on occupational health and safety within its labour legislation, aiming to ensure a safe working environment across all economic sectors while reducing the risks of workplace accidents and occupational injuries.

While the law protects the rights of employees who sustain injuries arising from or occurring during the course of employment, it also outlines specific exceptional cases in which an employee may not be entitled to compensation for a work-related injury.

This approach seeks to maintain a balance between safeguarding employees’ rights and preventing the misuse of legal benefits related to workplace injuries.

MoHRE has confirmed that the legislative framework governing occupational injuries and work-related diseases includes a comprehensive set of preventive requirements and procedures.

These regulations require employers to provide a safe and secure working environment while also establishing employees’ obligations to follow occupational health and safety instructions and comply with relevant workplace regulations.

What constitutes a work injury?

A work injury is defined as any injury sustained by an employee during the performance of their job duties or while carrying out tasks related to their employment.

This includes accidents that occur while an employee is travelling directly to or from the workplace, in accordance with applicable legal provisions, as well as occupational diseases listed in the approved schedules where a direct connection between the condition and the nature of the employee’s work is established.

Under the law, employers are responsible for covering the medical treatment costs of injured employees and providing compensation for any disability or death resulting from a workplace injury, in line with the percentages, procedures, and mechanisms set out in the relevant legislation.

Employers’ role in prevention

UAE legislation requires employers to adopt a comprehensive range of preventive measures designed to protect workers and reduce occupational risks. These measures include:

  • Providing a safe workplace environment that is, as far as reasonably practicable, free from hazards and occupational risks.
  • Training employees on occupational health and safety procedures, requirements, and best practices.
  • Supplying workers with suitable personal protective equipment (PPE).
  • Reporting workplace injuries in line with approved procedures and regulatory obligations.
  • Maintaining accurate records of workplace accidents and occupational injuries.

In addition, the Ministry of Human Resources and Emiratisation (MoHRE) carries out regular inspection campaigns to verify that establishments comply with occupational health and safety standards and regulatory requirements.

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