in General the EMPLOYER is liable for workplace injuries suffered by employees, or diseases they contract as a result of their work, without any finding of fault on the part of the employer. There are only a few exceptions to this, in cases where the employee’s conduct warrants this. The conduct would relate to causing the accident and not to what type of insurance he has. So the company has a duty of care to this extent.
If the company was reimbursing the EMPLOYEE for the use of the car including insurance, then I would say it had a duty of care to ensure the INSURANCE COVERED the use of the car for company business but that is something to examine. It may depend on how he was compensated. Was he paid mileage to cover all costs or was he specifically reimbursed for insurance (providing a copy to the company) and for the cost of fuel and repairs by invoice.
In compensating the person for specific costs of insurance I would argue that the company would be negligent if it failed to provide adequate insurance for company insurance, because it was indirectly paying for insurance.
However, because UAE Law tries to be fair to both parties and non drastic in approach many employers will try to avoid responsibility.
Did the company follow the correct procedure for reporting the accident under ARTICLE 142 onwards under UAE LABOUR LAW.
Should the worker contract any of the occupational injuries or diseases listed in Schedules 1 and 2 enclosed herewith [click here to read the full list of injuries and diseases], the employer or the representative thereof shall notify the incident immediately to the police and to the Labour Department or a branch thereof within whose jurisdiction the work place is located.
Such notification shall include the name, age, occupation, address and nationality of the worker, a synopsis and circumstances of the incident and the medical aid or treatment provided.
Upon the receipt of the notification, the police shall carry out the necessary investigations and records in and take minutes of the statements of the witnesses, the employer or the representative thereof, and the injured, should his state so allows. Such minutes shall indicate in particular whether the accident is occupational, deliberate, or arises from gross misconduct of the worker.
Upon the completion of the investigations, the police shall send a copy of the minutes to the Labour Department and another to the employer. The Labour Department may request that the investigation be pursued, or directly conduct such investigation itself, if necessary.
In cases of occupational injuries or diseases, the employer shall undertake to pay the cost of the treatment of the worker in a governmental or private local medical centre until his recovery or proven disabled. Such treatment shall include costs of hospitalisation or stay at a sanatorium, surgeries, x - rays and medical analyses, medicines and rehabilitation equipment, and the supply of artificial limbs and other prosthetic appliances when disability is established. Furthermore, the employer shall pay the cost of any transport required with regards to the treatment of the worker.
Should the injury prevent the worker from performing his work, the employer shall pay him an allowance that is equal to a full wage for the entire period of treatment, or for a period of six months, whichever is shorter. Should the duration last for more than six months, the allowance shall be reduced by half and such for the following six months or until the worker fully recovers, is declared disabled, or dies, whichever occurs first.
The allowance referred to in the foregoing Article shall be calculated on the basis of the last wage due to monthly, weekly, daily and hourly-paid workers, and on the basis of the average daily wage set forth in Article 57 hereof for the workers getting paid by piece.
Upon the end of the treatment, the treating physician shall set a report in two copies, one delivered to the worker and the other to the employer. Such report shall include the type, cause, date of occurrence of the injury, and the extent to which such injury is work related and the duration of treatment therefrom, whether it resulted in permanent or other disability, the degree of disability, if any, whether it is total or partial, and the extent to which the disabled worker is capable of resuming work despite the disability.
Should a dispute arise with regards to the fitness of the worker for service or the degree of disability or any other matters related to the injury or the treatment, such matters shall be referred to the Ministry of Health via the competent Labour Department. The Ministry of Health, upon the receipt of such a dispute, shall form a medical committee of three government physicians to determine the fitness of the worker for service, the degree of disability or any other matter related to the injury or treatment.
The committee may request the assistance of any experts. The decision of the committee shall be final and shall be submitted to the Labour Department in view of taking the necessary measures for the implementation thereof. END OF QUOTE
Now when I read Article 153, there is no indication that there is negligence on your behalf since my interpretation is that this would apply to an act on your behalf irrespective of whether there is insurance or not.
The injured worker shall not be entitled to a compensation for the injury or disability not causing death, should it be proven in the investigations of the competent authorities that the worker deliberately injured himself with the intention of committing suicide or of obtaining a compensation, a sick leave or otherwise, should the worker be at the time of the incident under the influence of drugs or alcohols, should the worker intentionally breach the safety instructions posted in prominent locations in the workplace, should his injury or disability result from a gross and deliberate misconduct on his part; or should he refuse for no serious reason to undergo medical examination or treatment ordered by a medical committee formed in pursuance to the provisions of Article 148.
In such cases, the employer shall not be required to treat the worker or pay any allowance thereto.
END OF QUOTE
The best thing however, is Can you ask the person concerned to give some specific details as to how he was compensated.
I will contact a law body which sometimes provides me with free information and can advise the next step. It may save some lawyer fees.