8. Indemnity for Labour Accidents and Occupational Diseases

Article 142

If the employee sustains a labour injury or occupational disease as enumerated in Schedule (1) and (2) attached to this Law, the employer or its representative must report the accident instantly to the Police and Labour Department or any of its branches having jurisdiction over the place of business. The report must include employee’s name, age, vocation, address, and nationality in addition to a brief description of the accident, its circumstances and the arrangements made for the employee’s medical aid or treatment. The police shall carry out necessary investigation, upon receipt of the report which contains statements of witnesses and employer or his representative and statement of injured if his condition so allows, and the report must indicate in particular if the accident is related to work, and whether it was deliberate or a result of gross misconduct on the part of the employee.

 

Article 143

Following the investigation, the police must send a copy of the report to the Labour Department and another to the employer. The Labour Department may request that the investigation be completed or otherwise it shall have the investigation directly completed if it is deemed necessary.

 

Article 144

In cases of Labour accidents and occupational diseases the employer shall pay the employee’s treatment expenses at government or private hospitals until he recovers or his disability is proven. Treatment includes admission in hospitals or sanitorium, and surgical operation, X-ray and laboratory fees in addition to medicines and rehabilitation equipment purchased, artificial limbs and apparatus provided to the disabled persons. Moreover, the employer must pay the transport expenses arising from the treatment of employee.

 

Article 145

If the injury prevents the employee from carrying out his duties, the employer must pay him a financial subsidy equal to full pay throughout the period of treatment or for a period of six months, whichever is shorter. If treatment lasts from more than six months, said subsidy shall be reduced to the half for another period of six months or until the employee recovers from illness or his disability becomes certain or he dies whichever occurs first.

 

Article 146

Financial subsidy referred to in the preceding Article is calculated on the basis of last pay received by the employee in respect of employees who receive monthly, weekly, daily, hourly wages and on the basis of the daily average pay provided in Article (57) with respect to employees on piece work pay.

 

Article 147

The medical practitioner in charge shall at the end of treatment make a duplicate report, a copy of which shall be handed to the employee and the other to the employer, and shall defined in the report kind and cause of injury, date of accident, its relation to work and period of treatment and whether the employee has sustained permanent infirmity, or otherwise and degree of disability, if any, and whether such disability is total or partial as well as his ability to carry on duties with the existing disability.

 

Article 148

If a dispute arises in connection with the extent of employee’s physical fitness for work or grade of disability or other matters related to injury or treatment, the question must be referred to the Minister of Health through the competent Labour Department. A medical board comprising three government physicians shall be formed by the Ministry of Health each time such dispute is referred to it to decide the extent of the employee’s physical fitness for service or grade of his disability or any matter related to the injury and treatment. The board may consult with specialized experts and the decision of the board shall be final and forwarded to the Labour Department to take necessary steps for its execution.

 

Article 149

If the employee dies as a result of a labour accident or occupational disease, the employee’s family members shall be entitled to an indemnity equal to the basic pay of the employee for a period of 24 months, provided that the amount of indemnity shall not be less than eighteen thousand Dirhams and not more than thirty five thousand Dirhams. The amount of indemnity shall be calculated on the basis of the last pay earned by the employee prior to his death. Such indemnity shall be distributed among the beneficiaries of the deceased employee in accordance with the provisions of the schedule attached hereto. In application of the provisions of this Article, the term “members of the deceased family” shall mean such persons who at the time of death of the employee used to be entirely or mainly supported by the income of deceased, that is:

  1. Widow or widower
  2. Children, namely:
  1. Sons who have reached the age of 17 years and those who regularly attend schools and have not completed 24 years of age, or those who mentally or physically are incapable to earn living. The term sons includes sons of the husband or of the wife who were under the guardianship of the deceased at time of his death.
  2. Unmarried daughters, including the daughters of the husband or wife who are not married and at the time of death were under the guardianship of the deceased.
  3. Parents.
  4. Brothers and sisters according to terms provided for sons and daughters.

 

Article 150

If labour accident or occupational disease results in a permanent partial disability of the employee, he shall be entitled to indemnity in accordance with rates enumerated in the two schedules attached to this Law multiplied by the amount of death indemnity prescribed in the first paragraph of the preceding Article, as the case may be.

 

Article 151

The amount of indemnity due to the employee in the event of a permanent total disability shall be equal to that due in the event of death.

 

Article 152

The Minister of Labour and Social Affairs may if necessary and in agreement with the Minister of Health, amend the occupational diseases in Schedule (1) and indemnity of disability in Schedule (2) attached to this Law.

 

Article 153

Neither the injured employee nor the members of his family shall be entitled to indemnity in respect of injury or disability if it has not caused death and if the investigations by the competent authorities have established that the employee has deliberately caused injury to himself with intention of committing suicide or to obtain indemnity or sick leave or otherwise, or if the employee was at the time of the incident under the influence of drug or alcoholic drinks, or if he has wilfully violated safety instructions displayed conspicuously at the place of business or if his injury or disability resulted from serious premeditated misdemeanor on his part or if he has refused unreasonably the medical checkup or treatment as prescribed by the medical board formed in accordance with the provisions of Article (148). In any of the cases hereinabove, the employer shall not be under obligation to provide treatment or any financial subsidy to the employee.