Law Office ofAli Barakat
A dispute arising from an employment contract

The first day after a workplace accident: an employer’s checklist hour by hour

In briefIn the first hour: get the injured worker to the nearest medical body and give first aid (Law No. 18 of 2023, art. 48; Labour Law, art. 118). For that day: the full wage is owed for the day of the accident, up to its close or to the worker’s arrival for treatment (art. 48). Within twenty-four hours: a report to the police and to the inspection section of the Department of Workers’ Pension and Social Security (art. 57). Alongside: notice to the authorised health body and to the National Center for Occupational Health and Safety (Labour Law, art. 114). Compensation is a separate question, covered on its own page.

A forklift clips a warehouse worker’s foot. A technician falls from a ladder on a site. What happens in the next few hours decides how well the worker is looked after, and later how clearly the facts can be shown. This page sets out those hours as a checklist for the employer, drawn from two statutes: the Labour Law (No. 37, 2015) and Law No. 18 of 2023 on workers’ pensions and social security. The Law Office of Ali Barakat in Baghdad, al-Yarmouk, deals with the dispute that may follow, but most of what matters is done on the day itself.

Hour one: care comes first

  1. First aid on the spot. The employer must keep first-aid supplies at the workplace (Labour Law, art. 114) and provide first aid suited to the type of work, in places set aside for it that staff know about (art. 118). A first-aid point no one can find on the day does little good.
  2. Transport to treatment. Law No. 18 of 2023 requires the employer to take the injured worker immediately to the nearest medical body and to provide first aid (art. 48).
  3. Make the scene safe. The general duty to protect workers from the risks of the work and its machinery (Labour Law, art. 118) continues after the accident. If a machine or structure caused the injury, others should not be exposed to the same risk.

The rest of that day: the wage

The same article 48 settles the pay for the day of the accident: the employer pays the full wage until the end of the working day on which the injury happened, or, if later, until close of business on the day the worker got to the medical body. It covers that day only. What the worker receives after that falls under the work-injury rules, which are on the page on compensation routes for a work injury.

Within twenty-four hours: the reports

To the police and social security inspection. Every work injury must be reported to the police and to the inspection section of the Department of Workers’ Pension and Social Security within twenty-four hours of its occurrence (Law No. 18 of 2023, art. 57). The report gives:

  • the injured worker’s name and address;
  • a short account of the accident and how it happened;
  • the part of the body injured;
  • where the worker was taken for treatment.

An inspection committee then investigates, records what it did and its view on responsibility, and sends this to the Department. If the Department finds that the injury came from the employer’s neglect or fault, article 57 attaches consequences to that finding, and the article should be read in full in the file at that point.

To the health authorities. Separately, the Labour Law requires work accidents, injuries and occupational diseases to be reported to the authorised health body, with the National Center for Occupational Health and Safety informed (art. 114).

Within the week: the file

Memories fade quickly and staff move on, so the file is best put together while things are fresh. It should hold:

  • the time and exact place of the accident, and a sketch or photographs of the scene;
  • the names of anyone who saw it;
  • what first aid was given and by whom;
  • where the worker was taken, and any first medical report;
  • copies of the reports to the police and the inspection section, with the dates they were made;
  • the notice to the health body;
  • the worker’s safety training record and any protective equipment issued. Equipment cannot be charged to the worker’s wages (art. 118).

Looking back: what the accident says about prevention

The safety chapter places prevention at the centre: a decent, healthy and safe working environment, training staff to avoid occupational risks, and medical examinations before employment and at intervals (art. 114). A serious accident is a natural moment to check those against reality. Was the training actually given? Was the protective equipment available and used? Were the risks posted visibly at the site? The full list of safety duties is on the page on occupational safety duties.

Then: the compensation question

Only after these steps does compensation come in, and the first question is whether the worker was registered for social security. For a registered worker, the work-injury branch of Law No. 18 of 2023 applies. For an unregistered worker, article 124 of the Labour Law comes into play together with what the employer must pay the Department. Registration duties are on the page on the employer’s social security duties.

What the worker can do

The checklist above is written for employers, but a worker or family member can use it too. They can ask for copies of the reports, write down the names of witnesses, and keep every medical document from the first visit. If the twenty-four-hour report was never made, that itself is a fact worth recording, because article 57 makes the report a duty of the employer.

Legal basis and sources

  1. Labour Law No. 37 of 2015 (Iraqi Official Gazette, issue 4386 of 9/11/2015) — Articles 114, 118 and 124
  2. Workers' Retirement and Social Security Law No. 18 of 2023 (Iraqi Official Gazette, issue 4734 of 28/8/2023) — Articles 48 and 57

Frequently asked questions

Who pays the worker for the day of the accident?

The employer pays the full wage until the end of the working day of the injury or of the day the worker reached the medical body (Law No. 18 of 2023, art. 48).

How long do we have to report it?

Twenty-four hours from the injury, to the police and the social security inspection section (art. 57). The health body is told as well (Labour Law, art. 114).

Does reporting the accident admit fault?

Reporting is a duty under article 57. Responsibility is a separate matter, examined by the inspection committee and the Department.

Does any of this replace a compensation claim?

No. These steps deal with care, the day’s wage and the reports. Compensation follows its own route.

Always check the text in force and its amendments in the official source.

To ask about your matter