Kuwait Court of Cassation principle number 4733

The entitlement of the worker or his heirs to lump-sum compensation under the Labour Law. It does not preclude a claim against the liable employer for the damage remaining uncompensated. The condition thereof. The damage must arise from the employer’s personal fault. That fault must be proved. The appealed judgment’s conclusion rejecting the appellants’ claim for compensation for the material and moral damage sustained by them as a result of the death of their decedent, based on their failure to prove the employer’s fault. They bear the burden of proving it - by the appellants. Correct.