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Plight of Filipino accident victim draws sympathy from community

Frail, bedridden and barely communicative, Eulogio Aquino Jr. has been confined to a bed in the Saqr Hospital in Ras Al Khaimah since October 3, 2006 after the company car he was travelling in collided with a van in Ras Al Khaimah.

Although he has been lying in hospital for the past 10 months, his story was unheard of until an e-mail circulated within the community during the last two weeks.

His Dubai-based aunt, Adelaida Umayam, said that Aquino’s slow recovery was a miracle in itself. “The doctors had told us that he would only live for 72 hours. But he painfully fought for his life and has been expressing his desire to go back home,” she said.

At the time of the accident, Aquino was sitting in the car’s rear seat. His two other colleagues who were also in the vehicle were not as badly injured as him.

In the e-mail, Aquino’s sister Gay Reyes narrated that the Ras Al Khaimah Police had to literally cut through the mangled vehicle to extricate her brother.

Comatose state

“He was admitted to the Intensive Care Unit (ICU) of Saqr Hospital and was in a comatose state for nearly three months. His attending physician said he had only 10 per cent chance of recovery,” Reyes wrote.

After regaining his ability to breathe without the aid of life support gadgets, Aquino was eventually transferred to a room in the hospital’s Male Surgical Ward. According to a medical certificate issued by his attending physicians, Aquino “had severe brain injury at the time (of his accident). Now he is severely disabled but obeys command and can communicate with his family. He can travel on an aeroplane with the help of a companion, preferably in a reclined position.”

Stretcher required

Due to his medical condition, Aquino would have to travel on a stretcher, thus requiring the airline to knock down six Economy class seats to accommodate him. The operational adjustment would cost his family more than Dh30,000, excluding the air fare of a family member who would accompany him.

Considering this and the escalating medical bill, which was more than Dh100,000 as of August 9, Aquino’s family has echoed concern over the alleged lack of financial support from the Dubai-based company that hired him as a sales executive while he was on visit visa.

Khaleej Times was able to obtain a copy of the ‘Letter of Appointment’ issued to Aquino by Al Mustajer Real Estate on September 10, 2006, barely one month before the accident.

Company’s denial

When contacted by Khaleej Times, an Al Mustajer representative denied that the company failed to offer any compensation to the family.

“We initially booked an air ticket for Eulogio costing Dh12,000, which covers three seats since he cannot travel as a regular passenger. We also offered to pay for his medical bills but his sister refused our offer,” he claimed.

He added that they had to eventually cancel the ticket because Aquino’s sister “refused to cooperate with us.”

When asked if the company has settled the patient’s hospital bill, he said that they were more than willing to pay the amount but the hospital apparently refused to accept the money.

“The hospital refused to accept our money because they said Aquino’s case was hopeless. We have tried to help him the best way we can. Now, if Aquino’s family wants to file a case against the company, they can do so,” he claimed.

Conditions laid down

Umayam admitted that the company did offer to pay for Aquino’s medical expenses and air ticket but only on the condition that her niece sign a waiver relinquishing their right to file for any civil or moral damages. “The waiver was written in Arabic and we had it translated through a lawyer. After learning the contents of the waiver, we decided not to sign it,” she said.

The Al Mustajer official, however, refused to comment on the waiver issue.

Meanwhile, Colonel Obeid Mehayer Bin Suroor, Deputy Director of the Dubai Naturalisation and Residency Department (DNRD), said, “According to law, no company should hire anyone on a visit visa. There are, however, some fields where probation periods are a must to test the prospective employee.”

“So a company hires a person on a visit visa and waits to see how the probation period will be like before applying for an employment visa for him. Those fields include specialisations such as engineering, mechanical and technical jobs. But one must bear in mind that hiring a person on a visit visa entails some liabilities and risks. The company should be ready to meet those risks which are mainly related to the person’s safety.”

Colonel Bin Suroor went on to say that generally, the person cannot sue the company unless there is a previous agreement between the two parties that the company would bear the expenses of his medical treatment.

“Nevertheless, in case of an accident while on duty the person in question can resort to judicial channels. In court, the complainant can ask for compensation from the company and force the company to pay for his treatment. However, he will have also to provide a documented proof that he was on duty when the accident occurred,” the colonel said.

Ahmed Abdullah, DNRD’s legal consultant, viewed the case from two angles. He pointed out that the first aspect would be the violation committed by the company by hiring someone on a visit visa. “None should work while staying in the UAE on a visit visa. Second, the civil liability of the company pertaining to bearing the expenses of person’s treatment and the ticket fare. It is true that his work for the company was illegal. However, on the day when the accident occurred, he was assigned to do a job for the company.”

Abdullah added that the DNRD can refer him to the court where he can file a lawsuit against the company. “He should be prepared to face a denial by the company. Hence, he should acquire the proper documents which prove that he was working for that company. These documents may include an appointment letter, a salary slip or any other paper saying that he used to get paid for services he did for the company. Besides, he should have statements from witnesses during the accident,” he said.

Ahmed Al Besher, legal advisor to the Ministry of Labour (MoL) in Abu Dhabi, told Khaleej Times that if a person works while on a visit visa issued by the company, he will have all the rights according to the federal law. These rights include financial dues like salary, overtime pay as well as payment for medical expenses.

He pointed out that if a worker arrived on a visit visa sponsored by his relatives or friends, he has no right to work because it is a clear violation of the UAE’s labour and immigration laws. Despite this, a person can still file charges provided he has documents to show like pay slips or official ‘job order’ from the company.

Al Besher said that upon submission of such documents, the MoL will investigate the matter and decide about the dues that should be paid to the employee.

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