Labour compensation laws benefit immigrant workers

Workers are entitled to compensation over any work injury, disability or occupational illness that has resulted from the workplace., regardless of fault.

ABU DHABI // Labour compensation laws exist for the benefit of immigrant workers, said Judge Abd El Hafez Zedan, vice head of the Abu Dhabi Court of First Instance.

According to labour laws, workers are entitled to compensation over any work injury, disability or occupational illness that has resulted from the workplace even if it was not the employer’s fault.

Workers are entitled to receive the equivalent of two years’ wages if the employer is at fault. Otherwise, damages are capped at Dh35,000.

“It might be said that this is a small amount if an employee loses a leg or an arm,” he said. “What most don’t realise is this is compensation if the employer or company is not at fault.”

If the elements of tort are present: a breach of a duty or obligation imposed by law; a loss sustained by a party; a causation between the breach and the loss – then a labourer is eligible for compensation from the civil courts.

Judge Zedan said a worker can combine compensation from both the labour and civil court, but the civil court will most probably deduct the labour court compensation if the amount awarded by civil court is high.

If, for example, a labourer is granted Dh100,000 from the civil court and Dh35,000 from the labour court, he will like receive Dh65,000 altogether.

“Its all in the benefit of the worker because regardless of who is responsible, the workers get compensation. This is a from of protection for workers in the UAE,” he said.

The only time a compensation would not be paid out is if investigations prove the worker has intentionally hurt himself, was under the influence of narcotics or intentionally broke safety regulations.

“Basically anything that shows that the individual intentionally harmed themselves. It is also considered a work injury if it is sustained anywhere in the work place or on the way to or out of the workplace,” Judge Zedan said.

He said workers who do not take necessary safety precautions will not receive compensation.