Work accident is an accident that occurs in the insured's work or work-related situations. It is defined in Article 13 of the SSI Law No. 5510.
Situations Considered as Work Accidents (5510 art.13)
- While the insured is at work
- Due to work carried out by the employer or during his/her duty
- When the insured is sent to another place by the employer
- A breastfeeding woman spends her time giving milk to the insured's child
- During transportation to and from the place of work with a vehicle provided by the employer
Employer's Notification Obligation
The employer must report the work accident to SSI within 3 business days. Failure to notify will result in administrative fines and liability.
Worker's Rights
1. Rights Provided by SSI
- Health services (treatment, medicine, prosthesis)
- Temporary disability benefit
- Permanent disability income (10%+ workforce loss)
- Death income to beneficiaries in case of death
- Funeral assistance
2. Compensation Cases Against the Employer
- Financial compensation: Loss of labor, treatment expenses, loss of earnings
- Pecuniary damage:Pain, suffering, loss of quality of life
- Compensation for loss of support (for relatives in case of death)
Burden of Proof
The employer has the burden of proving that he/she has taken all occupational health and safety measures (objective liability approach). Measures within the scope of the OSH Law No. 6331 are checked.
Supreme Court 21st HD Approach
The 21st Civil Chamber of the Supreme Court of Appeals emphasizes that the "fault rate" in work accident files will be determined by the expert panel, and that employer-employee-third party faults should be determined separately. It is exceptional if the employer is flawless.
Calculation
An actuary expert is used in the calculation of financial compensation. Factors:
- Worker's age, wage, labor loss rate
- Wage expected to increase in the coming years
- Discount rate (Interest deduction)
- Life expectancy
Jurisdiction Court and Duration
- Officer: Labor Court
- Prescription: 10 years (TBK article 146)
Work accident files contain high compensation amounts and technical investigations; Manage the process with labor law and compensation lawyer.