Photo used for illustrative purpose.
Aya El Deeb, Correspondent
A labourer filed a lawsuit demanding the company he worked for to pay him Dhs5 million in compensation for the material and moral damages he sustained due to work.
The Abu Dhabi Court of Cassation upheld the rejection of the case by the Court of First Instance.
Details date back to earlier when the labourer filed a lawsuit demanding his company to pay him Dhs3,500,000 (Dhs3.5 million) in compensation for the body injury and the earnings he lost due to the injury. He also demanded Dhs1,500,000 (DHs1.5) in compensation for the moral damages he sustained, with the legal interest at 12%.
In his lawsuit, the appellant explained that he joined his work as a maintenance technician for welding metals by electrical method using oxyacetylene, and due to the lack of healthy and safety procedures and precautions, he contracted lung cancer and changes in the lumbar vertebrae of the spine which made him unable to move.
The Court of First Instance rejected the lawsuit, so the applicant appealed the verdict, and the Court of Appeal rejected it. He then appealed it again to the Court of Cassation, that also rejected it.
The court reportedly assigned an expert to prove the appellant’s claim, and a specialised committee of three experts to review the submitted medical reports and to indicate the extent of the company’s commitment to apply the standards and controls of the tools and equipment used by the appellant while performing his work.
The experts’ report affirmed that the company was not at fault and that the applicant was not diagnosed with a cancerous tumor. The report explained that there was no medical evidence affirming the diagnosis but a mass in the thoracic glands appeared in the axial imaging.
The committee added that the applicant’s file was transferred to an Oncology Committee to decide on the future of his treatment plan.
The Oncology committee indicted that the mass was benign and there was no need for further tests or treatment, but only a periodic follow-up. It also explained the applicant’s spine problem and the subsequent surgery had no connection with the mass, but only a chronic problem in the spine which takes place with age.
Details of the case date back to an earlier time when the plaintiff filed a lawsuit demanding the defendant to pay him Dhs60,000 in compensation for the moral and material damages he suffered, indicating that the suspect insulted him in front of his colleagues.
The court took prompt legal measures and ended the disputes by moving directly to the workers' place of residence onboard the Mobile Court, to hand over their financial entitlements in accordance with the Court decisions issued in their favour.
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The court moved to the labour camp using ADJD Mobile Court and took all legal procedures from filing claims to issuing of judicial decisions on the dues of each worker separately with speedy enforcement, and the delivery of dues without the need for workers to approach the seat of the Court.
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