Work Injury Compensation in Kuwait: Calculation, Rights and Procedures

A worker injured at work in Kuwait may be entitled to medical treatment, wages during treatment, and compensation for disability or death. The amount depends on the applicable legal and insurance framework, the wage used for calculation, the medical report, the disability percentage and the relevant schedules. There is no fixed compensation amount for every work injury.

If you have an accident while performing your job, documenting the incident and keeping medical reports can help establish your rights. This guide explains work injury provisions for the private sector, while highlighting the need to check the worker’s insurance status before applying any compensation formula.

When Is an Injury Considered a Work Injury?

Article 90 of Kuwait’s Private Sector Labour Law No. 6 of 2010 addresses injuries caused by work, sustained during work, or occurring on the journey to or from work. Applying these provisions requires evidence of the circumstances and their connection to a legally covered situation.

Examples requiring legal and medical assessment include:

• A fall while carrying out a work task.

• An injury involving machinery at the workplace.

• A road accident connected to travelling to or from work.

• An occupational disease associated with the nature of the work, subject to the applicable rules.

Article 96 provides for the application of Articles 93, 94 and 95 where a worker contracts an occupational disease or develops its symptoms during employment or within one year after leaving work.

Article 89 must be considered first: for insured workers covered by work injury insurance under the Social Security Law, those insurance provisions replace the subsequent work injury provisions of the Labour Law. A single calculation formula therefore cannot automatically be applied to every worker.

What Rights Does a Worker Have After a Work Injury?

Medical Treatment, Medication and Transport Expenses

Article 91 requires the employer to bear the costs of treatment for work injuries and occupational diseases in accordance with its provisions, including medication and transport expenses.

Treatment is provided at government hospitals or private treatment facilities designated by the employer, subject to the relevant healthcare provisions.

The treating doctor determines the treatment period, any resulting disability and the worker’s ability to continue performing their work.

Wages During Treatment

Under Article 93, the worker is entitled to wages throughout the treatment period determined by the doctor. If treatment exceeds six months, half wages are payable until recovery, permanent impairment is established, or death.

This entitlement is separate from disability compensation. Receiving wages during treatment does not, by itself, settle a claim for the permanent effects of the injury.

Compensation for Disability or Death

Article 94 entitles the injured worker, or the persons entitled on the worker’s behalf, to compensation in accordance with the schedule issued by ministerial decision.

The medical outcome, applicable legal framework and wage used for calculation must be established before the amount can be assessed.

How Is Work Injury Compensation Calculated in Kuwait?

Where Ministerial Decision No. 204/A of 2011 applies, the calculation distinguishes between death, permanent total disability and permanent partial disability:

Illustrative example: If permanent total disability compensation, after applying the required legal comparison, is KWD 40,000 and the assessed partial disability is 20%, the calculation is:

KWD 40,000 × 20% = KWD 8,000.

This hypothetical example explains the method. An actual calculation requires confirmation of the legally applicable wage, disability percentage, applicable diya amount, incident date and insurance framework.

Simply multiplying the monthly salary by the disability percentage is insufficient.

How Is the Disability Percentage Determined?

The disability percentage is determined through medical assessment and the approved schedules.

Decision No. 204/A of 2011 addresses permanent disability percentages and includes rules concerning multiple injuries, pre-existing impairments and the effects of injuries on bodily functions.

Objecting to the Medical Report

If the worker or employer disputes the medical report, Article 91 allows an application to the competent department within one month of becoming aware of the report, for the objection to be referred to the Ministry of Health’s Medical Arbitration Committee.

Decision No. 206/A of 2011 regulates this procedure.

Keep evidence of when you became aware of the report, as this affects the objection deadline.

What Should You Do After a Workplace Accident?

1. Obtain immediate treatment: Ask for the injury and the circumstances in which it occurred to be recorded in the medical records.

2. Notify your employer: Keep correspondence proving that notification was given.

3. Follow up on official reporting: Article 90 requires the employer to report the accident immediately after it occurs or upon learning of it to the competent police station and labour department, and to the Public Institution for Social Security or the insurer, as applicable. The worker may report it if their condition allows, or a representative may do so.

4. Collect evidence: This may include witness details, lawfully obtained photographs of the accident site, safety reports and correspondence.

5. Follow up on the medical report: Check the treatment period, disability assessment and ability to return to work.

6. Review the claim before signing a settlement: Establish which rights and amounts any release or discharge covers.

Documents Needed for a Compensation Claim

The documents actually required depend on the injury and the authority handling the claim.

How to Claim Work Injury Compensation

The process begins by identifying the framework that applies to the worker, documenting the accident, completing the medical assessment and submitting the claim to the responsible party.

If an employment dispute arises with the employer, the complaint procedures before the Public Authority for Manpower, settlement process and referral to court should be reviewed according to the nature of the claim.

An insurance claim or a dispute involving another party may require a different route.

The circumstances may also justify examining an additional civil claim where a legal basis exists. This requires assessment of liability, damage and the effect of amounts already paid, without assuming entitlement to double compensation for the same damage.

When Can the Right to Work Injury Compensation Be Lost?

Article 95 addresses deliberate self-injury and injuries resulting from serious and intentional misconduct. It specifies relevant circumstances and includes an exception linked to death or permanent disability exceeding 25% of total disability.

Describing an incident as the worker’s fault is therefore insufficient on its own to reject compensation. The investigation findings, statutory conditions and applicability of the exception must be examined.

The Lawyer’s Role in Work Injury Claims

A lawyer can:

• Review the connection between the injury and work.

• Identify the applicable insurance framework and competent authority.

• Examine wage records and medical reports.

• Monitor deadlines for objections to medical reports.

• Prepare a claim or lawsuit and review settlement terms.

• Pursue enforcement where an enforceable instrument exists.

Lawyers and Contact Details at Ineqad Law Firm

This is the firm’s central contact number for arranging communication, rather than an individual lawyer’s personal number.

Frequently Asked Questions

Does an accident on the way to work count as a work injury?

Article 90 addresses injuries occurring on the journey to or from work. Its application depends on evidence of the accident’s circumstances and connection to the journey.

Is the worker entitled to full wages during treatment?

Yes, under Article 93, for the treatment period determined by the doctor. If treatment exceeds six months, half wages become payable until recovery, permanent impairment is established, or death, subject to the applicable framework.

Does a 20% disability mean receiving 20% of the salary?

No. Where Decision No. 204/A of 2011 applies, the partial disability percentage is applied to the permanent total disability compensation amount.

Can the disability assessment be challenged?

An objection to the medical report may be submitted to the competent department within one month of becoming aware of it, in accordance with Article 91 and the medical arbitration procedures.

Is permanent disability required to receive treatment and wages?

Treatment and wages during treatment are separate entitlements from permanent disability compensation. Each entitlement must therefore be assessed independently.

Contact Us About a Work Injury Claim

For a review of medical reports and accident documents, and to identify the appropriate claims process, contact Ineqad Law Firm for Legal Consultancy:

• Phone and WhatsApp: +965 6666 8811

• Website: ineqad.com

• Email: info@ineqad.com

This information is for general awareness. Its application depends on a review of the documents and circumstances of the case.