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Mohammed Fawzy, who works for the Qmix Concrete Industry, lost his hand in February 2004, when he was cleaning a concrete pump. As his company refused to make any compensation settlement, he filed a complaint with the Abu Dhabi Court of First Instance. The company's lawyer said it was Fawzy's own fault and carelessness which led to the accident.
The court, however, rejected the company's version and ordered it to pay the worker Dh380,000 as compensation.
But at the Court of Cassation, the company succeeded in getting the compensation amount reduced to Dh21,000, according to some revised calculations made as per the Labour Law stipulations. Fawzy's accident, according to the company lawyer, constituted a 60 per cent disability.
The company said in its cassation note that the worker carelessly placed his hand in the machine. Denying the allegation, Fawzy pointed out it was his job to clean inside the pump.
The medical report, issued by Al Mafraq and Khalifa Hospitals, confirmed that Fawzy had lost all functions of his right hand and that the disability percentage was 50 per cent.
But the medical report issued by Shaikh Khalifa Clinical Centre added the worker had suffered a serious accident and underwent 12 surgeries in his hand.
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