Abu Dhabi court orders company to pay Dh100,000 to family of worker who drowned on the job

Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court has ordered a company to pay Dh100,000 in compensation to the heirs of a 31-year-old man who drowned while working. The court found that the company’s failure to provide adequate safety measures and supervision contributed to the accident. The compensation covers material and moral damages suffered by the deceased’s mother, wife and children. The Criminal Court had previously fined the company Dh20,000 and ordered it to pay Dh200,000 in blood money to the deceased’s heirs, bringing the total amount awarded in the two cases to Dh320,000. The heirs had filed a civil lawsuit seeking Dh350,000 in compensation for the material and moral damages they suffered as a result of the man’s death. They also sought legal interest of 12 per cent annually from the date the judgment became final until full payment, as well as court costs, expenses and lawyers’ fees. They said the man died at the age of 31 in an accident caused by the company’s negligence. A criminal judgment had previously found the company guilty of causing his death, fined it Dh20,000 and ordered it to pay his heirs Dh200,000 in blood money. The plaintiffs said the deceased supported his mother, wife and minor children in their home country on a continuous basis. His death at a young age deprived them of his financial support and care, as well as the income they could reasonably have expected him to continue providing. They also cited the grief and emotional pain caused by the wife losing her husband, the children losing their father and the mother losing her son. They argued that the blood money previously awarded did not fully compensate them for the material and moral harm they suffered. The company’s lawyer asked the court to dismiss the lawsuit. In its reasoning, the court said the criminal case had established that the company, as a legal entity, was responsible for causing the worker’s death through negligence and a breach of its professional duties. The company had assigned the man to work without adequate supervision or guidance on the correct and safe way to carry out his duties. It also failed to provide the necessary protective measures against workplace hazards and did not ensure that a safety and security officer was present at the worksite. This negligence resulted in the vehicle the man was driving skidding and falling into the sea while he was carrying out work to modify rocks on a breakwater. He drowned and suffered the injuries detailed in the forensic report, resulting in his death. The court noted that an inheritance certificate showed that the deceased was survived by his mother, wife and children. It also stated that, under the law, a husband is responsible for his wife’s maintenance and a father for the maintenance of his minor children. The heirs were seeking compensation separate from the blood money for the material harm caused by the death, including the loss of the financial support and maintenance the deceased had provided. In assessing entitlement to compensation, the court considered evidence of actual financial support or a legal obligation to provide maintenance, as well as the extent of the material damage caused by the death. On moral compensation, the court said the Civil Transactions Law allows compensation to be awarded to spouses and relatives up to the second degree for moral harm caused by a person’s disability or death. The court found that the deceased’s mother, wife and children had suffered grief, sorrow, anguish and distress as a result of his death, particularly given his young age. It concluded that they were entitled to compensation for that moral harm. The court also explained that material damage is not limited to actual financial losses but can include lost profits where the loss is certain or based on reasonable grounds that make it highly probable. Future damage may also be compensated where its occurrence is certain. The court ordered the company to pay the plaintiffs Dh100,000, to be divided equally among them, along with court fees and expenses and Dh500 in lawyers’ fees. All other claims were dismissed.