UAE Court Holds Firm Responsible For Worker Paralysis, Orders Dh1.5 Million Payout

The Abu Dhabi Court of Cassation has upheld an earlier judgment awarding a worker Dh1.5 million in compensation after a workplace accident left him partially paralysed-reaffirming the UAE's strict stance on enforcing worker safety regulations.

The case stems from a civil lawsuit filed by the worker against his company seeking Dh10 million in compensation for severe injuries he sustained while working on a site operated by his employer.

In his claim, the worker argued that the company failed to provide adequate occupational safety measures, which caused him to fall at the worksite, resulting in lower body paralysis along with losing many of his body's functions.

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The Abu Dhabi Court of First Instance partially ruled in favour of the worker, ordering the company to pay him Dh1.1 million in compensation for the damages he sustained.

However, the worker appealed and the higher Court of Appeal increased the compensation money to Dh1.5 million.

Before the Court of Cassation

Both the worker and the employer filed an appeal against this ruling.

On his part, the worker said that the awarded amount was far too low compared to the scale of his damages, insisting that the compensation should reach the Dh10 million he originally claimed.

In its defence, the company argued that the case fell within the jurisdiction of the labor court, not the civil court; and that the worker was not directly employed by it but rather by a subcontractor. It also said that the worker was in part responsible for the accident because he was not wearing a safety harness and was working at an inappropriate time.

Court response

Regarding the worker's appeal: The court said that the compensation awarded by the Court of Appeal (Dh1.5 million) was fair and suffcient as it includes:

• Dh800,000 (equivalent to four“diyyas”) for the loss of use of four bodily functions (paraplegia (paralysis that affects the lower half of the body), loss of bladder control, loss of bowel control, and loss of erectile function)

• Dh700,000 awarded as“equitable compensation” to include other damages not covered by the diyyas, including physical and psychological pain, loss of earning capacity and ability to work, future physiotherapy costs, and moral damages.

Regarding the company's appeal: The court dismissed the jurisdictional objection, holding that the claim was based on a breach of safety obligations, not a purely labour dispute.

It also rejected the company's claim that a subcontractor was responsible, since the criminal court had already ruled on the company's direct liability. As for the worker's role in the accident, the court said that there was no sufficient evidence to support this claim.

Therefore, both the worker and the company's claims were dismissed and the Court of Appeal's judgment was upheld, confirming the company's obligation to pay the worker Dh1.5 million in compensation.

The court decision, issued on September 10, reinforces a vital principle: employers hold ultimate responsibility for workplace safety and cannot transfer liability to subcontractors or the workers themselves.

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