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Labor Law

Workers' Rights and Compensation for Workplace Injuries

Workers' Rights and Compensation for Workplace Injuries

Work injuries and occupational diseases represent some of the most significant risks workers face across various professional environments. UAE law establishes a comprehensive system of rights and obligations upon the occurrence of such injuries that may not be violated or waived. The UAE legislature has regulated these matters through precise provisions set out in Federal Decree-Law No. 33 of 2021 Concerning the Regulation of Labour Relations, reinforced by Cabinet Resolution No. 33 of 2022 Concerning Work Injuries and Occupational Diseases, which provides detailed schedules and procedures, along with the Executive Regulations issued pursuant to Cabinet Resolution No. 1 of 2022.

What Are a Worker's Rights After a Work Injury and What Compensation Is Due Under UAE Law?

First: The Legislative Framework Governing Work Injuries in the Private Sector

Legal protection for work injuries in the private sector rests on four complementary primary pieces of legislation:

Primary Legislation

Federal Decree-Law No. 33 of 2021 — Articles 36 and 37 establish comprehensive protection for work injuries and due compensation in the private sector

Executive Regulations

Cabinet Resolution No. 1 of 2022 — Sets out the detailed terms, conditions, and procedures for applying work injury provisions

Disability & Disease Schedules

Cabinet Resolution No. 33 of 2022 — Defines occupational diseases, total and partial disability injury schedules, and prescribed compensation ratios

Health & Safety

Ministerial Resolution No. 44 of 2022 — Regulates occupational health and safety requirements and employers' preventive obligations in the workplace

Second: What Constitutes a Work Injury or Occupational Disease Under the Law?

Cabinet Resolution No. 33 of 2022 Article 2 — Cabinet Resolution 33/2022 defined work injuries and occupational diseases through three detailed schedules attached to it:

Work Injury and Occupational Disease Schedules — Cabinet Resolution No. 33 of 2022

Occupational Diseases

Schedule No. (1)
17
Types of occupational diseases
Resulting from occupational exposure to specific materials or workplace conditions

Total Permanent Disability Injuries

Schedule No. (2)
7
Types of work injuries
Compensation equal to full death compensation

Partial Permanent Disability Injuries

Schedule No. (3)
45
Types of injuries
Compensation as a percentage of the death compensation value

Third: What Are the Employer's Obligations Immediately After a Work Injury?

Cabinet Resolution No. 33 of 2022 Article 3 — Cabinet Resolution 33/2022 requires the employer or their legal representative to take the following steps immediately upon the occurrence of an injury:

Mandatory Employer Procedures Upon a Work Injury
1
Immediate Reporting of the Injury
Notify the competent medical authority immediately upon the occurrence of the work injury or upon the employer becoming aware of a suspected occupational disease

Immediate — in the case of accidents

2
Notify the Competent Police Station
Report to the competent police station based on the geographical jurisdiction of the workplace; reporting must be immediate in the case of accident-related work injuries

Based on geographical jurisdiction

3
Bear the Full Cost of Treatment
The employer must cover all medical treatment costs for the injured worker until recovery and return to work, or until permanent disability is confirmed

Throughout the treatment period

4
Pay Compensation After the Medical Report
Due compensation must be paid within a maximum of 10 days from the date the medical report determining disability ratios is issued

Within 10 days of the medical report

📋 Note: Timing of Reporting an Occupational Disease

In cases of suspected occupational disease — unlike accidents — reporting must occur from the date the employer becomes aware of the suspicion, not from the date of official diagnosis. Information contained in the investigation is considered mere evidence used by the medical authority and is not alone sufficient to determine whether a work injury exists. Article 3 — Cabinet Resolution 33/2022

Fourth: The Worker's Right to Treatment and Wages During the Injury Period

Article 37 of Federal Decree-Law No. 33 of 2021 Article 37 — Decree-Law 33/2021 imposes two primary obligations on the employer toward the injured worker:

A — Full Coverage of Treatment Costs

The employer is obligated to bear the full cost of treatment of the injured worker until recovery and the ability to return to work, or until permanent disability is confirmed — in accordance with the terms and conditions set by the Executive Regulations. Article 37/A — Decree-Law 33/2021

B — Wages During Temporary Disability

If the injury prevents the worker from performing their work, the employer must pay full wages for the duration of treatment or 6 months, whichever is shorter. If treatment exceeds 6 months, half wages are paid for a further 6 months or until recovery, confirmed disability, or death — whichever comes first. Article 37/B — Decree-Law 33/2021

Wages Due During Temporary Disability — Article 37/B of Decree-Law No. 33 of 2021
Phase One
100%
Full Wages
For the duration of treatment or 6 months — whichever is shorter
→
If Treatment Exceeds 6 Months
50%
Half Wages
For a further 6 months or until recovery / confirmed disability / death — whichever comes first

Fifth: Compensation Due According to the Nature of the Injury

Article 37 of Decree-Law No. 33 of 2021 Article 37 — Decree-Law 33/2021 distinguishes between three main cases for calculating compensation:

Compensation Due by Type of Injury — Article 37 of Decree-Law No. 33 of 2021
Injury TypeCompensation AmountLimits & Notes
DeathBasic wage × 24 monthsCalculated on the basis of the last basic wage before deathNot less than AED 18,000
Not more than AED 200,000
Paid to beneficiaries per applicable legislation or as designated by the worker before death
Total Permanent DisabilityEqual to death compensationBasic wage × 24 monthsNot less than AED 18,000
Not more than AED 200,000
Disability must be confirmed by a certificate from the competent medical authority
Partial Permanent DisabilityDisability % × death compensation valueRatios defined in Schedule No. 3 attached to Cabinet Resolution 33/2022Disability ratio determined by the medical authority
Covers 45 types of partial injuries per approved schedules
Minimum Compensation
18,000
UAE Dirhams
Maximum Compensation
200,000
UAE Dirhams
Payment Period
10 Days
From the medical report date
Calculation Basis
24 Months
Of basic wage
📌 Basis for Calculating Compensation

Compensation is calculated based on the last basic wage the worker received before the injury or death — not the total wage. Work injury compensation remains fully independent of end-of-service gratuity and other entitlements, and neither is deducted from the other. Article 37 — Decree-Law 33/2021

Sixth: Cases in Which the Worker Is Not Entitled to Compensation

Cabinet Resolution No. 33 of 2022 Article 3 — Cabinet Resolution 33/2022 specifies the cases where the worker is not entitled to work injury compensation:

 

The worker intentionally injured themselves

 

The injury occurred as a result of the worker's deliberate misconduct

 

The worker was under the influence of alcohol, narcotics, or other psychoactive substances at the time of injury

 

The injury occurred as a result of the worker intentionally violating safety instructions displayed in prominent locations at the workplace

⚠ Important Legal Warning

Denial of compensation in these cases requires conclusive proof that the relevant condition was met. The competent medical authority alone has the power to determine whether a work injury exists, and an employer's report or preliminary investigation alone is not sufficient to extinguish the right. Article 3 — Cabinet Resolution 33/2022

Seventh: Protection Against Dismissal and Additional Guarantees for the Injured Worker

⛔ Prohibition on Termination During Treatment
An employer may not terminate a worker's service or give notice of termination while the worker is on injury-related leave. Any termination during this period is considered arbitrary and gives rise to additional legal obligations. Article 36 — Decree-Law 33/2021
💼 Compensation Independent of Service Entitlements
Work injury compensation is independent of end-of-service gratuity and other financial entitlements, and neither is deducted from the other. Article 37 explicitly preserves all entitlements. Article 37 — Decree-Law 33/2021
🏥 Full Medical Care
The employer must bear the full cost of medical care for the worker in accordance with applicable legislation, including all necessary medications and specialist medical services required for complete treatment.
📋 Medical Report as Sole Reference
The accredited medical authority determines the degree, type, and work-relatedness of disability in an official report, which constitutes the exclusive reference for calculating and paying compensation. Article 3 — Cabinet Resolution 33/2022

Eighth: Employer's Obligations in Preventing Work Injuries

Federal Decree-Law No. 33 of 2021 Article 36 — Decree-Law 33/2021 and Ministerial Resolution No. 44 of 2022 impose a range of preventive obligations on the employer, most notably:

 

Providing appropriate protective equipment to safeguard workers from the risks of injuries and occupational diseases that may occur during work

 

Ensuring that guidance and awareness notices are posted in prominent locations at the workplace

 

Providing appropriate training for workers to avoid occupational hazards

 

Complying with all controls and procedures issued by the Ministry of Human Resources and Emiratisation and relevant authorities relating to occupational health and safety

Frequently Asked Questions: Work Injuries and Compensation in the Private Sector

Does death compensation apply to foreign workers in the UAE?
 
Does injury compensation affect the end-of-service gratuity?
 
What happens if the employer refuses to acknowledge the injury?
 
Who bears treatment costs if reporting was delayed?
 
Can the employer dismiss the worker during treatment for a work injury?
 
Which authority determines the disability ratio for compensation?
 
Is work injury compensation subject to any deductions?
 
Can the employer insure workers to cover injury compensation?
 
Do these provisions apply to domestic workers?
 
Is the injury period counted toward service for end-of-service gratuity?
 
SPECIALISED LEGAL CONSULTATION

Have you suffered a work injury or are you facing a dispute over due compensation?

At AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS, we provide specialised legal services in work injury and compensation cases for both employers and employees across the United Arab Emirates, in accordance with Decree-Law No. 33 of 2021 and Cabinet Resolution No. 33 of 2022.

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Assessing work injury cases and determining legally due rights

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Reviewing medical reports and calculating compensation per approved schedules

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Preparing and submitting legal claims before competent authorities

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Representing parties in labour disputes relating to work injuries

For specialised legal counsel and protection of your rights in work injury and compensation matters, contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS.

Legal Disclaimer

This article is for informational and awareness purposes only and does not constitute legal advice. Each case has its own specific circumstances that may affect the legal characterisation and resulting outcomes. Please contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS directly for specialised legal advice tailored to your situation.

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