Legal consultation..Is the employee deserve compensation for his injury while he was going to work?

A question from a reader:
I was subjected to a traffic accident while I was on my way to my work, and I was hospitalized in a critical condition, and I arranged a treatment bill worth 100,000 dirhams, but my workplace refused to bear these costs and wanted to deduct the hospital bill from the end of my service and my salaries.

Is it permissible for the work to deduct the invoice from me?

The legal advisor, Dr. Youssef Al -Sharif, answers:

In the event that it is proven that the accident occurred during the time of going to work without stopping or deviating from the regular road, a work injury (M1 of the Labor Law) is considered.

In this case, the employer is obliged to bear the expenses of treatment until it is healing and being able to return to work.

If the injury is carried out without performing the work, the pay is complete for the full period of treatment or for a period of 6 months, which is less. (Article 37 of the Labor Law).

Keep in mind that there are cases of failure to compensate for the work infection from them if it is proven through the investigations of the competent authorities, one of the following cases:

1The worker deliberately injured himself for any reason.

2The occurrence of infection under the influence of alcohol, drugs, or other mental effects.

3– The occurrence of the injury as a result of a intentional violation of the preventive instructions announced in apparent places in the place of work, as determined by the executive regulations of this decree by law.

4The occurrence of the injury as a result of deliberate misconduct by the worker.

5– The worker refused without a serious reason to examine it or follow the treatment decided by the medical authority. (Article 38 of the Labor Law)

The situation that can be raised, but it depends on the fixed in the report of the accident, is the case No. (4).

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