Many workers in the country are subject to injuries during work. This requires compensating them for these injuries if they shall lead to a disability rate in the body. However, many simple workers are not aware of their rights regarding this matter. What is meant by work injuries? When is an injury considered a work injury? When is it not? Are there conditions set forth by the law concerning work injuries? How is compensation for injuries calculated? What are the rules? What about worker rights if the worker shall decease during or due to work? Who should pay the treatment fees for the worker who was injured during work? What about his salary during the treatment term?
First: What should the employer do if one of his workers shall be injured:
Article 90 of the law No. 6 of the year 2010 pertaining to employment in the civil sector stipulated that:
If the worker shall be injured due to work or during work or on the way to work or while returning therefrom, the employer shall be required to report the incident immediately upon its occurrence or upon knowing of the same to:
- Police station in the concerned department at the work site;
- Ministry of Social Affairs and Labor or one of its branches in the concerned department at the work site;
- Public Institute for Social Security or the insurance company where the worker is insured against work injuries. The worker can make the report if his condition shall allow him to do so and his representative may do the same.
The report shall include the name of the worker, his profession, address and nationality as well as a concise description of the accident and the measures taken to aid or treat him.
The worker shall have the right to be treated for work injuries and receive a fee for the entire treatment term unless the same shall exceed six months. In this case, he shall be due half the fees:
The rights and commitments of the worker and employer in case of a work injury: if the worker shall be injured, he shall have the right to be treated at one of the state hospitals. The treating doctor may indicate in his medical report the treatment term and the disability resulting from the injury and the ability to continue working. If a dispute in this regard shall occur, the matter shall be referred to the Ministry of Public Health for arbitration. Its opinion shall be final. The employer shall pay the complete treatment fees, including medications and transportation. The worker shall receive his salary and wage in full during the entire treatment term. If the treatment term shall exceed six months, he shall be paid half his wage only until he is treated and his disability is proven or until he is treated completely. If the worker shall decease, his family shall be due the compensation for injuries based on the list issued by the decision of the Minister of Social Affairs and Labor.
The injured worker shall have the right to be treated at one of the state hospitals or civil treatment centers as deemed necessary by the employer. The treating doctor shall indicate in his medical report the treatment term and the disability resulting from the injury and the capacity to continue working. If a dispute shall occur in this regard, the worker and the employer may object to the medical report within one month from the date of being informed thereof before the medical arbitration committee at the Ministry of Public Health. The opinion thereof shall be final. The employer shall pay the full treatment expenses, along with medication and transportation.
Wage for the worker during the treatment term:
Article 95 stipulated that the worker who has work injuries or maladies shall have the right to receive his full wage during the entire treatment term set forth by the doctor. If the treatment term shall exceed six months, he shall receive half the wage only until he is treated completely or his disability is established or he shall decease.
Limits of the responsibility of the employer for the work injury:
The worker who has an injury due to work or during the same or those due compensation after his decease shall have the right to obtain compensation for the work injury or maladies based on the list issued by the Minister of Social Affairs after obtaining the opinion of the Minister of Health, provided that the compensation is not due if it shall be established that:
- The worker intentionally caused the injury to himself;
- The injury occurred due to the ill and intentional behavior of the worker (under the effect of drugs or alcohol);
- Every violation of the directions pertaining to prevention from work risks and injuries placed in a clear location at work.
If the injury shall not result in the decease of the worker or a permanent disability exceeding 25% of total disability.
The worker to be due compensation shall be required to have a contract with the employer orally or in written form. The accident should have occurred during the work and due to the same. If the accident shall occur during work and not because of it, such as the injury of one of the workers during the joking with another worker, the same shall not be considered a work injury. In addition, if the worker outside the work site shall be injured due to work such as his executing the work outside the establishment by delegation from the employer. If the injury occurred during work, as long as the work was the reason therefor, such as sending the worker at a restaurant to deliver a meal to one of the clients and he was hit by a car, the employer shall be required to inform the concerned parties of the accident immediately, namely the police station in the concerned department at the work site. The employer shall also inform the Ministry of Social Affairs and Labor or one of its concerned branches.
The employer shall not have any rights when the worker shall be injured. The employer shall not have the right to dismiss the worker during the treatment term; otherwise, the dismissal shall be considered arbitrary. The employer is only required to report the accident and pay the treatment expenses and compensate the worker.
The judgments of the court of cassation established that the following conditions are sufficient to consider the injury a work injury:
An accident during work;
- Due to which the worker was injured;
- Accident resulting from the nature of the work and circumstances of performance and location thereof;
Decease of the worker:
If the worker shall decease due to the work injury or due to the same, the heirs thereof shall have the right to request legal compensation and compensation.
The legal compensation shall be estimated at ten thousand Kuwaiti dinars based on the provisions of article 251 of the civil law.
Loss of the right in requesting compensation in accordance with article 253 of the civil law:
The right to request compensation shall be lost upon the expiration of three years from the day of the victim being aware of the damage or fifteen years from the day of occurrence of the illegitimate action, whichever is sooner, unless the same resulted from a crime. In this latter case, the right shall not be lost as long as the criminal claim is filed.