UAE Court Holds Employer Fully Responsible for Worker’s Paralysis, Orders Dh1.5 Million Compensation

The Abu Dhabi Court of Cassation has upheld an earlier ruling awarding Dh1.5 million to a worker who suffered partial paralysis in a workplace accident, reaffirming the UAE’s strict enforcement of occupational safety regulations.

 

The case arose from a civil lawsuit filed by the worker seeking Dh10 million in damages for severe injuries sustained while working on a site managed by his employer. The worker argued that inadequate safety measures led to his fall, resulting in lower-body paralysis and the loss of several bodily functions.

 

The Abu Dhabi Court of First Instance initially awarded the worker Dh1.1 million. The Court of Appeal subsequently increased the compensation to Dh1.5 million after the worker appealed, asserting that the initial amount did not reflect the severity of his injuries.

 

Appeals Before the Court of Cassation

Both the worker and the employer filed further appeals. The worker claimed the compensation was insufficient and demanded the full Dh10 million he originally sought.

 

The company, meanwhile, argued that:

• The case should fall under the jurisdiction of the labor court rather than the civil court.

• The worker was employed by a subcontractor, not directly by the company.

• The worker bore partial responsibility for the accident for not wearing a safety harness and working at an inappropriate time.

 

Court’s Ruling

Worker’s Appeal: The Court of Cassation ruled that the Dh1.5 million awarded by the Court of Appeal was fair and sufficient, breaking down the compensation as follows:

 

• Dh800,000 (equivalent to four “diyyas”) for the loss of four bodily functions: paraplegia, loss of bladder control, loss of bowel control, and loss of erectile function.

• Dh700,000 as equitable compensation for additional damages, including physical and psychological pain, loss of earning capacity, future physiotherapy costs, and moral damages.

 

Company’s Appeal: The court dismissed all objections raised by the company:

 

• The jurisdictional objection was rejected, as the claim arose from a breach of safety obligations rather than a purely labor dispute.

• Responsibility could not be transferred to the subcontractor, given that the criminal court had already confirmed the company’s direct liability.

• There was insufficient evidence to hold the worker responsible for the accident.

 

As a result, both appeals were dismissed, and the Court of Appeal’s ruling was upheld, confirming the company’s obligation to pay Dh1.5 million in compensation.

 

The decision, issued on September 10, reinforces a crucial principle under UAE law: employers bear ultimate responsibility for workplace safety and cannot shift liability to subcontractors or the workers themselves.

 

 

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