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Claiming for Personal Injuries Sustained at Work

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by Mufti Mohammed Tosir Miah

Question

Assalamualaikum,
My question is that can a person do injury claim from the factory from where he is working or from a no win no fees companies, which are external. 
If yes, then will it include only factory’s fault or personal fault (such as using machine recklessly?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer

It is unlawful for a Muslim to make false and exaggerated claims.  Situations such as a car accident where it is possible to fake injuries, one will not be allowed to receive any damages from the defendant.

However, if one is genuinely injured due to an accident then one is allowed to receive the compensation for the negligent action of the defendant.  The permissibility of claiming compensation is based on the principles of Diyyah, where if a person is injured then he/she is allowed to an equal retaliation or the monetary value.    (Hidayah p.586 v.4)

You can claim from the factory or from an external company.

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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