Work accident is defined in Article 13 of the SSI Law No. 5510: It is an event that causes an immediate or subsequent physical or mental disability to which the worker is exposed at the workplace, due to the work carried out by the employer, while being sent to another place related to his duty, or during the time reserved for breastfeeding the child of a breastfeeding female worker.
In case of temporary or permanent incapacity for the worker as a result of a work accident, the employer is liable. In case of death, the relatives of the deceased have the right to claim compensation for loss of support.
Legal Liability of the Employer
Occupational health and safety obligations of the employer are regulated in Article 4 of the Occupational Health and Safety Law No. 6331. Employer; It is responsible for ensuring the health and safety of employees, conducting risk assessments, training employees, and providing personal protective equipment. Failure to comply with these obligations forms the basis of work accident liability.
Legal liability, by its nature, is liability based on fault (TBK art. 49 et seq.). However, according to the Supreme Court, the employer is under the burden of proving his own fault within the framework of "objective duty of care".
Cases That Can Be Filed
1) Financial Compensation Case
It is filed for compensation for economic losses suffered due to bodily harm. Items that can be requested within the scope of TBK article 54:
- loss of earnings due to temporary disability
- Loss of future earnings due to permanent incapacity (disability)
- Losses arising from disruption of working power or economic future
- Treatment expenses (the part not yet covered by SSI)
An actuary expert is used in the calculation. If the worker is also at fault in the accident, a discount is made according to the detected fault rate (joint fault - TCO Art. 52).
2) Non-Pecuniary Damages Case
It is requested in accordance with Article 56 of the Turkish Code of Obligations in order to alleviate the physical and mental pain, suffering and sadness suffered by the worker. The judge has wide discretion; The severity of the accident, the disability rate, the severity of the employer's fault and the economic situation of the parties are taken into account.
3) Compensation for Lack of Support (TBK article 53)
If the worker dies as a result of a work accident, those who are deprived of the support of the deceased (spouse, children, parents) can claim this compensation. "Support" is not just in cash; Elements such as education, care, and domestic support are also considered support.
In the calculation, the deceased's life expectancy, income, share of those benefiting from support and joint fault are taken into account.
Recourse Relationship with SSI
SGK as a result of a work accident; It directly covers disability benefits, temporary/permanent disability income, death income and treatment expenses. SSI recourses these amounts paid to the at-fault employer (Article 5510, 21).
Important distinction: Amounts covered by SSI are deducted from the financial compensation calculation; Set-off for certain items in non-pecuniary damages and deprivation of support works differently. If this offset is done incorrectly, serious rights losses may occur.
Duty and Authority
- Court in jurisdiction: Labor Court (Article 5 of Law No. 7036).
- Competent court: The court of the employer's place of residence or workplace or the place where the work is done.
- Exception from compulsory mediation: Compensation cases arising from work accidents and occupational diseases are NOT subject to compulsory mediation; A lawsuit can be filed directly in the labor court (7036 m.3).
Timeout
A 10-year statute of limitations applies in work accident compensation cases (TBK Art. 146 general statute of limitations). The period starts from the date of becoming aware of the damage/disability. If there is an act that requires punishment, the criminal statute of limitations applies (TBK art. 72).
Things to Do Before the Case
Supreme Court Approach
In their consistent jurisprudence, the 21st and 10th Civil Chambers of the Supreme Court look at the concrete adequacy of the occupational health and safety measures taken, even if the employer "does not prove that it is faultless". Provision of standard PPE or generic training is not considered sufficient; If specific risk assessment is not carried out, the fault is aggravated.
Practical Advice
Work accident cases are complex files that require technical expertise (actuary + occupational safety). Determining the disability rate correctly, reducing the joint fault, and making the correct SSI deduction creates differences worth thousands or even hundreds of thousands of TL. It is critical to work with a lawyer specialized in labor law and compensation law from the first stage of the case.