UAE: When Can Employees Claim Compensation For Work-Related Injuries?

Question: I was recently injured at my workplace and am trying to understand my rights. Could you guide me through the relevant laws and compensation clauses? I work for a mainland company in Dubai.

Answer: If a worker suffers a job-related injury or occupational illness, the employer must cover the full cost of medical treatment until the worker recovers or their disability is confirmed. During the treatment period, the worker is entitled to full wages for up to six months. If treatment continues beyond that, they receive half wages for an additional six months - or until recovery, permanent disability, or death, whichever happens first. This is outlined under Article 37(2) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relationships.

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“The employer shall, in case the worker has a work injury or an occupational disease:

a. Bear the expenses of the worker's treatment until he recovers and is able to return to work or proves his disability, in accordance with the conditions, rules, and procedures specified by the Implementing Regulation hereof.

b. If the work injury or occupational disease prevents the worker from performing his work, the employer shall pay to the worker an amount equivalent to his full wage throughout the treatment period or for (6) six months, whichever is less. If the treatment period exceeds (6) six months, the worker shall obtain half wage for another (6) six months, or until the worker is cured or his disability or death is proven, whichever is earlier.”

These provisions are outlined in Article 23(1) of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree- Law No. 33 of 2021 regarding the Regulation of Employment Relations. It requires employers to cover the full cost of treatment in either government or private healthcare facilities. Coverage includes hospitalisation, surgeries, diagnostic tests, medication, rehabilitation, artificial limbs or prosthetics (if needed), and even transport expenses related to treatment.

“Subject to the provisions of Articles (37) and (38) of the Decree-Law:

1. In the event that the worker suffers a work injury or an occupational disease, the employer shall pay the costs of treatment for the worker pursuant to the following conditions and rules:

a. The worker shall be treated in one of the governmental or private healthcare facilities.

b. The cost of treatment shall continue to be paid until the worker recovers or his disability is established.

c. The treatment shall include the hospital stay, surgical procedures, costs of X-rays and medical analyses, as well as the purchase of medications and rehabilitation equipment, and the provision of artificial and prosthetic limbs and devices for those whose disability is established.

d. The cost of treatment shall include the transportation costs incurred for the worker's treatment.”

It is important to note that under Article 38 of the Employment Law, and further clarified by Article 23(3) of the Cabinet Resolution No. 1 of 2022, a worker may be denied compensation if it is proven by competent authorities that:

“Article 38 of the Employment Law : The worker shall not be entitled to work injury compensation if it is proven through the investigations of the competent authorities that any of the following cases takes place:

• The worker deliberately caused injury to himself for any reason.

• The injury took place under the influence of alcohol, narcotics, or other psychotropic substances

• The injury took place as a result of a deliberate violation of the declared preventive instructions at visible areas in the workplace, as defined by the Implementing Regulation hereof.

• The injury took place as a result of willful misconduct by the worker.

• The worker refused, without a serious reason, to be examined or follow the treatment specified by the medical entity.”

“Article 23 (3) of the Cabinet Resolution No. 1 of 2022: The worker shall not be entitled to compensation for a work injury if it is established through the competent authorities that the injury resulted from a deliberate violation of preventive instructions put in visible places at the workplace, provided that the employer complies with the following rules:

a. Making the worker aware of the detailed instructions on the means of preventing fires, and protecting him from the risks he may be exposed to while on duty, in Arabic and in another language that the worker understands when appropriate.

b. Informing the worker prior to commencement of his employment of the risks of his occupation and requiring him to use the prescribed means of prevention, as well as providing the appropriate personal protective equipment for workers and training them to use such equipment.

c. Training the worker on the safety methods set out in the instructions on worker protection.

d. Educating the worker, upon his employment, about the risks of his occupation and the means of protection he is required to use, and placing detailed written instructions in this regard at the workplace.”

In accordance with the aforementioned provisions of the law, if your employer is not fulfilling these legal obligations or is denying you treatment or compensation, you have the right to file a complaint with the Ministry of Human Resources and Emiratisation. It is also advisable to retain all documentation related to the injury and treatment and seek legal advice to ensure you receive your compensation.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: Readers may e-mail their questions to: ... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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