The injured person’s right to work and receive dues

The injured person’s right to work and receive dues

The Saudi social insurance systems emphasize protecting the rights of workers injured at work and ensuring the payment of all compensation due to them, without this right being forfeited by statute of limitations or the passage of time, in accordance with the following: 

The injured person’s right to receive regular compensation

Article (55) of the Social Insurance System (1445) stipulates that the institution is obligated to pay the full compensation stipulated in the system to the participant or his family members, regardless of the causes or circumstances of the occurrence of the risk, unless it is proven that the injured person intentionally contributed to the occurrence of the injury.

This includes all rights resulting from a work-related injury, whether the injury is registered immediately or later, as long as the relationship between the injury and the work is proven. 

The right does not lapse by statute of limitations

There is no provision in the Social Insurance System or its executive regulations restricting the injured person’s right to claim compensation by a specific statute of limitations.

Rather, the statutory principle is that the injured party continues to have the right to claim whenever the injury and its relationship to work are proven, and the institution or employer may not refrain from registering the injury or disbursing compensation under the pretext of the statute of limitations.

This is evident from the generality of the text of the aforementioned Article (55), which requires the payment of all compensation due without a time restriction. 

The injured person’s right to work and receive dues

The effect of not recording the injury at the time

The employer’s failure to register the work injury immediately after it occurs does not waive the worker’s right to demand its subsequent registration and the retroactive payment of his regular dues, once it is proven that the injury occurred during work and was related to the job.

The General Organization for Social Insurance remains obligated to pay the compensation due when the infection is proven in accordance with the regulatory procedures, even if registration is delayed. 

Mechanism for disbursing dues and work injury compensation

According to Article (36) of the Social Insurance System (1421 and 1445), the injured person is entitled to lump sum compensation or a monthly return according to the percentage of disability and the type of injury, and the average wage is calculated in accordance with the provisions of the system.

It is also permissible to combine the return and the pension within certain limits if the conditions for this are met.

The monthly return increases by 50% if the injured person needs permanent assistance to carry out the burdens of his daily life, as decided by the competent medical committee. 

Practical recommendation

You should submit to the General Organization for Social Insurance a request to retroactively register a work injury, attaching all medical documents and reports proving that the injury occurred at work and was related to it, stating that the employer did not register at the time.

You have the right to claim all your regular benefits for work-related injuries, including lump sum compensation, monthly returns, or a combination of both, depending on your condition, without being bound by the time of the injury. 

Conclusion: 

You are legally entitled to retroactively register your work-related injury and claim all your statutory dues from social insurance. This right does not lapse with the statute of limitations or the passage of time, provided that the relationship between the injury and work is proven in accordance with statutory controls. 

The injured person’s right to work and receive dues

For law and legal consultations, contact the office of lawyer Abdul Majeed Al Rashid.