Kuwait Court of Cassation principle number 4734

The employer's obligation to compensate the worker for his injury. Contingent upon the fulfilment of two conditions. What they are. Assessment of their occurrence. A factual matter within the exclusive province of the trial court. Condition therefor. - The State's guarantee. A subsidiary guarantee enabling the injured party to obtain compensation for his injury. This guarantee does not arise if another party is obliged to compensate for the same damage. Consequence: the person making payment to the injured party may not recover what he paid from the State, whether by a subrogation action or pursuant to an assignment of the right. Example: concerning the worker's heirs' entitlement to compensation under the Labour Law, so that the State's obligation under the subsidiary guarantee does not arise.