Government employees work injuries and compensation for them
A work injury is every injury that occurs to an employee during and because of work
An employee's injury on the way from his home to his workplace deserves compensation for it
The injured employee's ignorance of the procedures cannot obtain compensation
Social Insurance Law No. 61/76 regulates the legal rules related to work injuries and occupational diseases
Cabinet Decision 15 sets out procedures for disbursing compensation for death and total or partial disability
We note through reviewing the Civil Service Law 15/79 that it did not include any legal texts that regulate work injuries or occupational diseases, which are undoubtedly very important matters for workers in state ministries and public institutions, because of their dangerous effects on their future employment and their living lives, and there is no doubt about it as well. That this represents a major deficiency in the civil service law compared to the labor laws in the private and oil sectors, and what was applicable to the former Public Employment Law No. 18/60 in the government sector.
It is known that many state employees are almost always exposed to the risks of injury, which may result in total or partial disability, some of which result in death, and unfortunately in many cases they are not able to obtain the appropriate compensation due to their lack of awareness of the procedures to be followed, And their lack of knowledge of the legal rules issued in this regard, as there are injuries sustained by government employees while performing their work, resulting in a percentage of the deficit in the strength of the body, and there are also areas for arduous, dangerous or harmful work that, in addition to the injuries that are called occupational diseases that afflict them with the length of time Unfortunately, such people cannot obtain adequate compensation due to their ignorance of the nature of these diseases, and their negligence to follow the legal procedures and methods that enable them to fulfill their rights.
What is meant by a work injury
It should be noted that not every injury in the workplace is a work injury, it is known that a work accident is every injury that occurs to the employee during and because of work, meaning that the injury must occur as a result of an accident, and that this accident occurred during work, and there are injuries that occur at work. It is not considered a work injury, that is, it occurs during work, but not due to work, as there must be an adequate relationship between the occurrence of the accident and the conditions of work, and that had it not been for these last circumstances, the accident would not have occurred.
It is worth noting that the accident may occur while the employee is going to work, and that accident may lead to severe injuries to the employee, resulting in a failure in the strength of the body, so is this accident considered an accident due to work and during it? And then it is considered a work injury and according to it, he receives the prescribed compensation?
To answer that, we say: It is known that the opinion is stable in jurisprudence and the judiciary that the injury due to work and during it includes the injuries that happen to the employee on the way from his home to his workplace, regardless of the means of transportation, as long as he has gone out of the house intending to work without stopping Or he deviates from the normal path to work and is entitled to adequate compensation for this injury.
From the aforementioned, it becomes clear to us that government sector workers who are exposed to the risks of injury during and because of work, and who suffer from one of the occupational diseases, are entitled to the appropriate compensation, but what is the legal basis for this compensation? What are the legal rules and procedures to be taken on which this compensation is determined?
To answer that also we say: As we mentioned earlier, the Civil Service Law did not include legal texts regulating this issue, and in view of this legislative deficiency, the Honorable Council of Ministers issued its Resolution No. (15) in the meeting of 43/83 held on 10/16/1983 CE. To refer cases of compensation for death and disability during work and because of it to the Minister of Justice and the Minister of Finance to agree on the appropriate compensation.
The Civil Service Bureau issued a circular No. (15) of 1983 AD stating: “In order to consider cases of compensation for employees for death, complete disability or partial disability, the following must be taken into account: -
1- Conducting an investigation regarding the accident, indicating the circumstances of its occurrence and whether it was a result of deliberate or obscene misconduct and intended by the injured employee.
2- Transferring the employee after treatment to the General Medical Council to inspect the injury and estimate the percentage of the deficit.
3- Sending a copy of the papers related to the presented case (investigation, reports of the treatment authority, the report of the General Medical Council, and the death certificate if the injury leads to this) to the Fatwa and Legislation Department in order to undertake the investigation of this case and indicate whether the legal basis for compensation is the rules of responsibility for work other than The project or rules of justice, then presenting the case to the Ministry of Justice and Legal Affairs and the Minister of Finance to consider the amount of compensation paid by the government to the injured employee or his family, bearing in mind that the compensation paid in such cases does not prejudice the provisions of the end of service bonus or the determined retirement pension. For Kuwaiti employees, nor with the provisions of the end of service gratuity stipulated for non-Kuwaiti employees.
It should also be noted that the Emiri Decree was issued on 1/26/1981 regarding the regulation of blood money, in which the compensation for loss of life, complete disability, or loss of any member of the body was determined.
We would also like to point out that the Social Insurance Law No. 61/76 contained a complete and integrated chapter that regulates the legal rules for all matters related to work injuries and occupational diseases, and indicated that the institution is required to periodically examine those exposed to occupational injuries, as well as include medical arbitration procedures and guarantees granted to the insured on them.
However, unfortunately, the work of the aforementioned Chapter 4 has been postponed, as a decree of Law No. 126 of 1977 AD was issued in its first article, provided that (the implementation of the provisions of Chapter Four of Law No. 61 of 1976 AD referred to shall be postponed, provided that a decree is issued to renew the date of its implementation).
Despite the passage of more than thirty years, no new decree has yet been issued allowing the work of Chapter 4 of Law No. 61 of 76, despite the complete legal regulation of all matters related to work injuries and occupational diseases.
The general conferences of the trade union federations demanded the necessity of implementing Chapter Four, and also demanded the necessity of adding new legal texts regulating compensation for work injuries and occupational diseases according to the body of the law on civil service because this is a legislative defect in this law that governs a large sector of the state's workers.
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