Being unable to work for a certain period of time after an accident is temporary disability. Compensation calculation is important.
Calculation Method
- Daily income × number of incapacity days
- SGK records, payroll, tax declaration basis
- Compensation above minimum wage even under minimum wage (Supreme Court)
Treatment Process
- Health reports
- Expert report (incapacity days number)
- Forensic Medicine Institute report
- Control examinations
Compensation from Insurance Types
- Traffic insurance: KTK art.97 (compulsory, third party)
- Car insurance: according to its scope
- Work accident: SGK + personal accident
- Personal accident insurance: as per policy
Work In law
- Employer liability in work accident (TBK art. 55)
- Material and moral compensation
- Wage effect of temporary incapacity
Supreme Court 17th HD and 21st HD
17. HD accepts that in temporary disability compensation, a wage calculation should be made for the entire "period of treatment".
Practical Recommendations
- Keep all treatment documents
- Payroll/salary evidence
- Get legal support for actuary calculation
Insurance and compensation law lawyer recommended.