“این عکس یک آسمان زیبا را نشان می‌دهد”

This picture shows a beautiful sky.
Osman Mazin

The Iranian society is gradually moving towards progress, where the construction industry and building of dams, bridges, roads, and tunnels are abundantly seen. Undoubtedly, accidents during work are also frequently seen in construction and industrial workshops, resulting in workers becoming disabled temporarily or permanently, or in severe cases, leading to the death of a worker. In case of an accident during work, two important factors are crucial:

First – Compensation for physical injuries or worker’s death

Second – Severance pay or death benefits

In case of an accident during work, the worker will be sent to medical centers and receive treatment. In order for the matter to have a legal process, it is necessary for a report to be prepared by the police or medical centers. This report is one of the important documents for filing a case in court and claiming compensation for the damages incurred by the worker.

Along with the progress of the worker’s treatment case, another case has been formed in the court to investigate the matter. In this case, the judicial authority conducts its own investigations regarding the incident, its causes, and those responsible. For this purpose, the matter is referred to occupational accident experts to determine the responsible party or parties and the degree of their fault. The experts also declare their technical opinions on the degree of fault of each factor (including the employer, worker, contractor, etc.), and the final opinion of the experts is used as the basis for determining the worker’s compensation. For example, if the worker is found to be 30% at fault and the other factors are 70% at fault, the worker can receive 70% of the compensation for the damages incurred.

The aforementioned case, with the subject of the accusation of negligence in the implementation of safety regulations, in which the mentioned individuals, in addition to paying the blood money, which is a private aspect of the crime, are also sentenced to pay a small fine, which is a negligible amount, in terms of public punishment. This is because the perpetrators are considered to lack criminal intent and malicious intent in the incident.

The mentioned case will result in a final verdict and payment of blood money within one to two years, which will be paid by the guilty party or the insurance company that covers workplace accidents. However, if the worker or other parties object, the process of collecting blood money may take more than two years, and it should not be forgotten that during that time, the injured worker will not receive any financial support or assistance and will have to pay for their own medical expenses. The court will not issue a verdict for the guilty party to pay for medical expenses, as the majority of judges believe that blood money includes medical expenses. Although in some opinions, contrary to this argument, rulings have been issued for the guilty party to pay for medical expenses or additional damages on top of the blood money.

In case of the death of a worker, the full blood money (diyah) of a Muslim man belongs to the deceased, and the process of paying this blood money to the survivors takes about two years. If the deceased worker was covered by the Social Security Organization, monthly allowances are paid to the individuals under his care, but these allowances are only established after the case is closed in court. The delay of two or more years in establishing these allowances for the spouse and children of the deceased worker creates a very unfortunate situation, as they have lost the head of their household and have no source of income, and receiving the blood money, as mentioned, takes several years. However, as soon as a worker covered by the Social Security Organization passes away, the organization is obligated to establish and pay allowances to the survivors, especially the spouse and children, and making the execution of this duty contingent on the finalization of the case in court is without any legal basis or logical justification, as the court case

The compensation for damages and injuries, which is provided for in Islamic penal law, is taken from religious regulations. In many cases, the cost of treatment for these injuries or returning to the state before the incident requires payment of a higher amount than the specified compensation, which only covers physical pain. It is appropriate for the cost of treatment and injuries to be calculated separately from the compensation and paid to the injured worker.