The Dubai Civil Court has mandated several companies involved in a construction project to pay four million dirhams in compensation to a young worker who suffered a permanent disability due to a workplace accident. The incident occurred when large glass panels fell on the 26-year-old, resulting in a 95% impairment of his physical abilities, attributed to negligence in safety procedures during forklift operations.
Details of the Incident
The incident took place in 2023 while the young man, employed as an aluminum installer with a subcontracting company, was tasked with loading glass panels onto a forklift. Tragically, a group of these panels fell on him, leading to severe injuries that required immediate hospitalization. A forensic report revealed that he sustained complete paralysis in both lower limbs, along with vertebral fractures and an inability to control his bodily functions, categorizing his condition as a 95% permanent disability.
Legal Proceedings and Criminal Charges
Following the accident, several supervisors and drivers were referred to the Criminal Court. Three supervisors were convicted for endangering the safety of the injured worker due to negligence and failure to follow safety protocols. The court sentenced them to two months in prison and imposed a fine of 20,000 dirhams each, suspending their prison terms for three years while also mandating the deportation of one offender. The appellate court upheld this verdict, making it final.
Civil Claim for Compensation
Basing his civil lawsuit on the criminal ruling, the injured worker sought seven million dirhams in damages from eight different entities, including contracting companies, insurance firms, and equipment operators. He contended that his employer had engaged them as subcontractors, and the forklift involved in the incident was owned by another company, insured under a separate policy. This created a liability that he argued was shared among all parties.
Companies’ Responses and Court Findings
The defendant companies attempted to deny responsibility. The primary contracting company maintained that it fulfilled its obligations and paid a labor compensation of 29,800 dirhams. Meanwhile, the insurance company rejected the plaintiff’s claim, stating there was no direct relationship with him, asserting that the insurance was with the company, not individuals. Conversely, the crane owner claimed their responsibility ceased after they delivered the equipment, while others argued that the accident occurred on-site and thus fell outside commercial insurance coverage.
However, after examining the evidence and legal arguments presented by all parties, the civil court affirmed that the earlier criminal conviction served as decisive proof of wrongdoing and negligence on the part of the convicted supervisors and their affiliated companies. The court noted that the accident stemmed from inadequate supervision and a failure to implement safety measures in the forklift operation, confirming that the defendant companies were liable due to their contractual and insurance relationships.
Consequently, the court ordered the defendant companies—including the main contractor, subcontractor, two insurance companies, and the crane operator—to jointly compensate the plaintiff with four million dirhams for both material and moral damages, along with 5% annual legal interest from the date of the ruling until full payment is made. They were also responsible for covering court fees, legal expenses, and attorney fees.
In a significant note, the Criminal Court had previously convicted three supervisors, imposing both imprisonment and fines.