Compensation Due to Work Accident in Turkey

COMPENSATION DUE TO WORK ACCIDENT

In Turkish law, pecuniary and non-pecuniary compensation due to work accident is regulated in the Labor Law No.4857 and Occupational Health and Safety Law.

To be eligible for claiming pecuniary and non-pecuniary compensation, these elements should exist;

• Employee
• Employer
• Work accident

The employee, who works at a workplace, is entitled pecuniary and non pecuniary compensation if it has an work accident because of working at the workplace while he acts on behalf of the employer. The concept of workplace is considered broadly. For example, If the employee has an accident while it is taken to the workplace by the employer, the employee is entitled compensation.

The employee should be physically and mentally affected by the accident. It should suffer from the loss of working power to a certain extent.

WHAT SHOULD YOU DO AFTER AN WORK ACCIDENT HAPPENS?

Following the accident, the employer should notify Social Security Institution (SGK) and Turkish Employment Agency (IŞKUR) of the accident within 3 working days. The main responsibility for identifying the occupational accident and examining the fault belongs to SGK.  SGK examines the accident, determines whether it is an occupational accident or not and, if it is an occupational accident, evaluates the fault.

In Turkish law, before taking action, it is necessary to make an application to SGK. After the application, certain time passes for SGK’s response. If the accident is identified by SGK as an occupational accident, declaratory action can be filed against the employer. If the court finds that there exists an occupational accident, certain procedures are applied.

WHO CAN SUE FOR COMPENSATION DUE TO WORK ACCIDENT?

In the first place, the employee can sue compensation due to work accident after the accident. If incapacity to work is  to great extent, those who suffer from this can sue for non-pecuniary compensation. These persons are the parents, spouse and children of the employee.

THE COMPONENT COURT IN THE ACTION FOR PECUNIARY AND NON-PECUNIARY COMPENSATION DUE TO OCCUPATIONAL ACCIDENTS

The component court is labor courts.

The case can be filed in the court in the place where the workplace is situated, if the workplace is a branch, in the place where the headquarter is situated and, if the accident happens the outside of the workplace, in the place where the accident happens

STATUTE OF LIMITATIONS FOR ACTIONS FOR PECUNIARY AND NON-PECUNIARY COMPENSATION DUE TO OCCUPATIONAL ACCIDENTS

Time bar for these actions is 10 years. This time commences from the moment when the accident happens.

You can contact us on contact page for more detailed information about the Material and Moral Compensation Case for Work Accidents.