Work Injuries… When Is a Worker Entitled to Compensation?

Work injuries represent one of the most significant challenges facing the labor market, due to their direct impact on a worker’s health and livelihood stability. This has prompted the legislator to give special attention to this issue by regulating it through clear legal provisions that ensure the protection of workers and guarantee their right to medical treatment and compensation.

Accordingly, Law No. (6) of 2010 concerning Labor in the Private Sector has established a comprehensive legal framework for addressing work injuries. The law considers any injury sustained by a worker during the performance of his work or as a result thereof to be a work injury. It also extends this classification to accidents occurring while the worker is commuting from his residence to the workplace or returning therefrom, provided that the worker adheres to the usual route without any material deviation or substantial interruption.

Under the law, the employer is obligated, immediately upon the occurrence of the injury, to notify the competent authorities, foremost among them the police station and the relevant administrative authority, in addition to informing the Public Institution for Social Security or the insurance company. This is to ensure the preservation of the worker’s rights and compliance with legal procedures.

The employer’s obligation is not limited to reporting the injury; it extends to providing full medical care to the injured worker and bearing all treatment expenses at accredited hospitals and medical centers, without any financial cap. This includes surgical procedures, medications, and rehabilitation treatment, until the worker recovers or his medical condition stabilizes.

The law also guarantees the injured worker’s right to receive his full wage throughout the treatment period determined by the competent physician, provided that such period does not exceed six months. If the treatment period extends beyond that, the worker shall be entitled to half his wage until recovery, permanent disability is established, or death occurs. Thereafter, the stage of assessing compensation commences in accordance with the nature of the injury and the degree of disability.

If the injury results in the worker’s death or causes a total permanent disability that is incurable, the law obligates the employer to pay fair compensation, including the legally prescribed Sharia blood money (Diyah), in addition to compensation for material and moral damages. The amount of compensation is assessed in accordance with official schedules issued by ministerial resolutions after consulting the competent medical authorities.

In cases of permanent partial disability, compensation is calculated in proportion to the degree of disability relative to the compensation prescribed for total disability, based on official medical reports issued by the competent authorities.

The law further stipulates the worker’s entitlement to receive his full wage throughout the treatment period determined by the competent physician, not exceeding six months. If the treatment period exceeds this duration, the worker shall be entitled to half his wage until recovery, disability is confirmed, or death occurs, after which compensation is assessed based on the nature of the injury and the extent of the resulting damage.

In the event of the worker’s death due to a work injury or an occupational disease, the employer is obligated to pay compensation to the worker’s legal heirs. Such compensation includes the legally prescribed Sharia blood money, in addition to compensation for material and moral damages. The value of the compensation is determined in accordance with the schedule issued by a ministerial decision after obtaining the opinion of the Minister of Health.

If the injury results in a total permanent disability that is incurable, the employer is required to pay compensation equivalent to the worker’s wage for two thousand (2,000) working days or one and one-third times the value of the Sharia blood money, whichever is greater.

In cases of permanent partial disability, compensation is assessed based on the percentage of disability relative to the compensation prescribed for total disability, as determined by official medical reports issued by the competent authorities.

The law does not preclude the worker from resorting to the judiciary to claim additional compensation if it is proven that the injury occurred as a result of gross negligence or fault on the part of the employer, such as failure to provide a safe working environment or non-compliance with occupational safety requirements. Statutory compensation does not prevent the worker from claiming independent civil compensation for material and moral damages.

Legal protection also extends to occupational diseases associated with the nature of the work or its environment, such as respiratory diseases resulting from inhalation of harmful substances, as well as skin and hearing diseases. The law places upon the employer the responsibility to take all occupational safety and health measures, including providing protective equipment, maintaining machinery, training workers, and establishing clear emergency plans.

Conversely, the worker’s right to compensation is not absolute. It shall lapse if it is proven that the worker intentionally caused the injury to himself, violated occupational safety instructions, or if medical examinations establish that he was under the influence of alcohol or drugs at the time the injury occurred.

In conclusion, Law No. (6) of 2010 concerning Labor in the Private Sector grants the worker a fair right to compensation, while imposing upon the employer the obligation to comply with and properly apply the provisions of the law.