Work Accident – Lawsuit, Rights, and Compensation

1. What Is a Work Accident?

According to Turkish law, a work accident is an incident that causes physical or mental harm to an insured employee while performing their job or due to the execution of work.
This definition arises from Article 13 of the Social Insurance and General Health Insurance Law No. 5510 and the provisions of the Occupational Health and Safety Law No. 6331.

Situations Considered as Work Accidents:

• Accidents that occur while the employee is present in the workplace,
• Accidents occurring during assignments conducted outside the workplace on behalf of the employer,
• “Commuting accidents” that occur while traveling to or from work using a vehicle provided by the employer,
• Accidents that occur during breastfeeding breaks for nursing female employees,
• Accidents that occur during the course of work for self-employed insured persons.

Important: The accident must be directly related to the execution of work. Incidents occurring at home, in private settings, or due to personal conduct are generally not considered work accidents.

2. Employer’s Obligations

Employers are obliged to take occupational health and safety measures and prevent possible accidents (Law No. 6331).
If an accident occurs, the employer must:

1. Immediately notify the law enforcement authorities,
2. Submit a Work Accident Notification to the SGK (Social Security Institution) within 3 business days,
3. Prepare a detailed Work Accident Report,
4. Preserve workplace records, camera footage, and witness statements.

Failure to report the accident may result in administrative fines and liability for compensation.

3. Employee’s Rights After a Work Accident

An employee who suffers a work accident is entitled to certain rights both through the Social Security Institution (SGK) and from the employer’s liability.
These rights fall under two main categories:

• Social security benefits provided by SGK,
• Compensation rights arising from the employer’s fault.

I. Rights Provided by SGK

Under Articles 13, 16, and 19 of Law No. 5510, SGK provides various benefits to employees who experience a work accident.
These benefits are granted regardless of employer fault, provided the incident is recognized as a “work accident.”

3.1. Free Medical Treatment

The injured employee can receive free treatment at all SGK-authorized healthcare institutions.

• All expenses, from the first intervention to surgery and rehabilitation, are covered by SGK.
• If treated at a private hospital, part of the difference fee may be the employer’s responsibility.

3.2. Temporary Incapacity Allowance

If the employee is temporarily unable to work, SGK pays a temporary incapacity allowance.

• The duration is determined by the doctor’s report.
• No payment is made for the first two days; payment starts from the third day.
• The employer cannot terminate the employee during this period.

3.3. Permanent Incapacity Pension

If the employee suffers permanent disability or loss of earning capacity, SGK grants a lifetime pension.

• The disability rate is determined by hospital reports and the SGK Medical Board.
• For total disability, income equals 70% of the employee’s last gross salary.
• For partial disability, the rate is proportional to the percentage of work capacity lost.

3.4. Benefits in Case of Death

If the work accident results in death, SGK provides:

• A funeral allowance,
• A survivor’s pension for spouse, children, and parents,
• Continuation of health benefits for dependents.
  These benefits are automatically activated once SGK confirms the death was work-related.

II. Rights Arising from Employer’s Liability (Compensation)

SGK payments cover the social security aspect of a work accident.
However, if the employer is at fault (e.g., negligence, lack of safety measures), the injured employee or their family may file a compensation lawsuit.

3.1. Material Compensation

Material compensation is based on how the accident affects the worker’s economic future.
It covers:

• Loss of income due to temporary or permanent incapacity,
• Treatment, medicine, prosthesis, and transportation expenses,
• Future loss of earnings due to reduced work capacity.

Example: If a construction worker falls and loses 40% of his working capacity, he receives both a permanent pension from SGK and may claim material compensation from the employer.

3.2. Moral Compensation

This is compensation for pain, suffering, and emotional distress.

• The aim is to partially remedy the moral damage suffered.
• The amount is determined by the court based on the severity of the event, employer fault, and social conditions.
• In case of death, the right to moral compensation extends to the spouse, children, and parents.

3.3. Loss of Support Compensation

If the employee dies, the family may claim compensation for loss of financial support.

• This is independent of SGK survivor’s benefits.
• Eligible claimants: spouse, children, parents, and dependents.

4. SGK Recourse Lawsuits

If SGK pays benefits such as pensions or allowances, it may seek recourse (reimbursement) from the employer if the employer is found at fault by the court.

Factors Affecting Employee Rights

• Employee fault: If the worker is 100% at fault, compensation rights are lost, but SGK benefits continue.
• Employer fault: Failure to take safety measures increases liability.
• Uninsured workers: Even uninsured workers are covered once SGK confirms the event; the employer later faces penalties and retroactive premium collection.

Summary Table

Type of Right	Legal Basis	Who Can Claim	Explanation
Free Medical Service	SGK	Employee	Free treatment, medication, surgery, etc.
Temporary Incapacity Allowance	SGK	Employee	Salary support during temporary incapacity.
Permanent Income	SGK	Employee	Lifetime income in case of permanent disability.
Death/Survivor Benefits	SGK	Family	Monthly pension for dependents after death.
Material Compensation	Employer	Employee/Family	Loss of income, treatment, disability.
Moral Compensation	Employer	Employee/Family	For emotional pain and suffering.
Loss of Support	Employer	Family	For loss of the deceased’s contribution.

5. Work Accident Reporting and Documentation Process

a. SGK Notification

The employer must report the accident to SGK via e-Government or SGK system within 3 business days.
Failure to report results in administrative fines and recourse risk.

b. Work Accident Reports

After the incident, the following documents must be prepared:

• Work accident report,
• Witness statements,
• Photos of the accident site,
• Medical reports,
• If necessary, the occupational safety expert’s report.

These documents serve as crucial evidence in SGK proceedings and court cases.

6. How to File a Work Accident Lawsuit

The lawsuit may be filed by the employee or, in case of death, the family, when the employer is believed to be at fault.

Possible claims:

• Material compensation (income loss, treatment, reduced capacity),
• Moral compensation (pain and distress),
• Loss of support compensation (for family).

Statute of Limitations:
10 years from the date of the accident.
If a criminal case is filed, the criminal limitation period applies (TCC Art. 66).

Competent Court:
The lawsuit is filed in the court of the accident location or defendant’s domicile.
Mediation is generally not mandatory in work accident cases.

7. Employer Fault and Degree of Liability

Employer fault is assessed based on preventability. Examples of serious fault include:

• Not providing protective equipment,
• Not giving safety training,
• Failing to secure hazardous environments,
• Lack of supervision.

If the worker removes protective gear or works under the influence, this may reduce compensation due to contributory negligence.

8. Preventing Work Accidents

• Regular occupational safety training,
• Use of personal protective equipment (helmets, gloves, goggles),
• Risk assessments and periodic inspections,
• Emergency drills,
• Regular maintenance and repair records.

Remember: “Every preventable accident is a work accident.”
Failure to take precautions creates both civil and criminal liability for the employer.

9. Conclusion and Legal Assistance

A work accident is a serious matter affecting both the worker’s health and the employer’s legal responsibility.
Without proper legal support, employees may lose their rights, while employers may face severe penalties and lawsuits.

Keleş Law & Consultancy Office provides comprehensive legal assistance for work accident cases, SGK procedures, and compensation calculations.

For detailed information and a free preliminary assessment:
 www.avkubrakeles.com

Frequently Asked Questions About Work Accidents

1. What is a work accident?

According to Article 13 of Law No. 5510, a work accident is an event that causes physical or mental harm to the insured person during the execution of work or while under the employer’s authority.
Accidents occurring during commutes in employer-provided transport also qualify.

2. What situations are considered work accidents?

• Accidents occurring at the workplace,
• Accidents occurring outside during employer-directed tasks,
• Accidents during employer-provided transportation,
• Accidents during breastfeeding breaks,
• Accidents occurring to self-employed workers during work.

3. Are all accidents considered work accidents?

No. The incident must be work-related, not caused entirely by the worker’s fault, and must occur under the employer’s authority.
Home or leisure accidents are not included.

4. What are the employer’s responsibilities in a work accident?

Employers must take all occupational safety measures, conduct risk assessments, inform and supervise employees.
Failure to do so may result in administrative fines and liability for damages.

5. When must a work accident be reported?

The employer must notify SGK within 3 business days.
Failure to comply results in administrative fines and possible recourse from SGK.

6. What rights does an injured worker have?

From SGK: free medical care, temporary allowance, permanent pension, survivor’s pension, funeral allowance.
From the employer: material and moral compensation, and loss of support compensation.

7. How does SGK determine a work accident?

SGK reviews the employer’s report, medical records, witness statements, and workplace inspections.
If necessary, an inspector prepares an official investigation report.

8. What is a temporary incapacity allowance?

A daily income benefit paid by SGK for the period during which the worker cannot work.
No payment for the first two days; payment begins on the third day.

9. What is a permanent incapacity pension?

If the worker suffers a permanent disability, SGK pays a lifetime pension equal to 70% of the average income (or proportional to the disability rate).

10. What happens if the accident causes death?

• SGK pays survivor’s pension and funeral allowance,
• The family may sue the employer for moral and loss of support compensation,
• SGK may file a recourse lawsuit against the employer.

11. What is the statute of limitations for filing a lawsuit?

Generally 10 years.
If the incident is also a crime (e.g., negligent homicide), the criminal limitation applies.
The limitation starts from the date the accident and damage are discovered.

12. Is mediation mandatory?

Not for SGK or work accident determination cases.
However, it is mandatory for compensation claims against the employer.

13. How is compensation calculated?

Material compensation: based on age, income, disability rate, and life expectancy.
Moral compensation: determined by the court considering severity, fault, and emotional impact.

14. Does employee fault eliminate the right to compensation?

No. It only reduces the compensation unless the employee is proven 100% at fault.
SGK benefits are unaffected by fault.

15. What if the worker is uninsured?

Uninsured workers are still covered once SGK confirms the event.
The employer is penalized and must pay retroactive premiums and compensation.

16. Can an injured employee be dismissed?

No. During the incapacity period, the employee is protected.
If dismissed, the termination is invalid, and the worker can file a reinstatement lawsuit.

17. Can criminal liability arise for the employer?

Yes. If the employer failed to take necessary precautions, they may face charges for negligent injury or death under Article 85 of the Turkish Penal Code (TCK).

18. What types of lawsuits can arise from a work accident?

1. Work accident determination case,
2. Material and moral compensation lawsuit,
3. Loss of support compensation,
4. SGK recourse lawsuit,
5. Criminal case (for gross negligence or death).

19. How long does a compensation lawsuit take?

On average 1.5–2 years, depending on court workload and expert reports.

20. What should an injured employee do? (Step by Step)

1. Seek medical attention immediately,
2. Notify the employer and law enforcement,
3. Have a work accident report prepared,
4. Ensure SGK notification is made,
5. Contact a law office for legal evaluation.

21. Are SGK payments deducted from compensation?

Yes, certain SGK benefits (like pensions) are deducted from material damages,
but moral compensation is not affected.

22. Are witness statements important?

Yes. Witnesses, photos, and reports are vital for proving the event was work-related.
The burden of proof generally lies with the employee.

23. Can subcontractor employees also file a lawsuit?

Yes. Both the main and subcontractor employers are jointly liable,
so subcontracted workers can also file compensation claims.

24. Who determines the amount of moral compensation?

The judge decides, considering the nature of the incident, social status of the parties,
and degree of fault, to ensure fairness.

25. What if SGK does not classify it as a work accident?

If SGK rejects the claim, the employee may file a Work Accident Determination Lawsuit in court.
The court will decide based on evidence and the link between the incident and the work performed.