Guide to Occupational Accidents in Türkiye for Foreign Nationals (Rights, Procedures, Compensation)

Occupational accidents can have severe consequences for every worker regardless of citizenship status. In Türkiye, foreign nationals—whether or not they hold a work permit—enjoy broad rights in the event of an occupational accident, ranging from SGK (Social Security Institution) procedures to compensation lawsuits. This guide explains all stages from the first steps after an accident to evidence collection, SGK/actuarial calculations, and mediation–litigation paths with practical checklists.

1) What Is an Occupational Accident? (Legal Basis)

• Definition: Events that occur while the insured person is performing their job, due to the execution of the work, or during commuting provided by the employer (road accidents) are occupational accidents.
• Primary legislation: Article 13 of Law No. 5510 on Social Insurance and General Health Insurance (SSGSSK), Law No. 6331 on Occupational Health and Safety (İSGK), Labor Law No. 4857, Labor Courts Law No. 7036, Turkish Code of Obligations (TCO/TBK), Turkish Penal Code (TPC/TCK) (criminal aspect).
• Note for foreigners: It is independent of nationality. Even without a work permit, if there is de facto work and an employment relationship with the employer, the provisions on occupational accidents apply; the employer’s liability does not disappear.

2) Rights of Foreign Workers

Foreign nationals who suffer an occupational accident in Türkiye have the same rights as Turkish citizens. The worker’s citizenship, nationality, or work-permit status does not eliminate these rights. According to Court of Cassation precedents, anyone who de facto works under the management and supervision of the employer is considered a worker. Therefore, even a foreign worker without a work permit may claim rights both from SGK and against the employer in the event of an occupational accident.

2.1. Fundamental Rights of the Foreign Worker

Type of Right	Scope	Legal Basis	Practice and Explanation
Right to Accident Notification	The employer must notify SGK within 3 working days.	Law No. 5510, Art. 13	If not notified, an administrative fine is imposed. Even if no notification is made, the foreign worker may apply to SGK through their attorney.
Coverage of Health and Treatment Expenses	Covered by SGK.	Arts. 63, 65 of Law No. 5510	The medical, pharmaceutical, and hospital expenses of the foreign insured (or by the employer if uninsured) are paid.
Temporary Incapacity Allowance	Offsetting income loss during medical leave	Law No. 5510, Art. 18	Paid at two-thirds of the daily earnings depending on the number of sick-leave days.
Permanent Incapacity Pension	Lifelong income in case of permanent disability	Law No. 5510, Art. 19	Granted if there is a loss of earning capacity at or above 10%.
Pecuniary (Material) Damages	Treatment, income loss, caregiver expenses, prosthetics, etc.	TCO/TBK Art. 49 et seq.	Calculated according to the employer’s degree of fault.
Non-Pecuniary (Moral) Damages	For pain, suffering, trauma	TCO/TBK Art. 56	At the judge’s discretion; employer negligence, lack of safety measures, failure to provide training are aggravating.
Loss of Support Compensation	Paid to the family in case of death	TCO/TBK Art. 53	Granted to spouse, children, parents, and dependents.
Right to Criminal Proceedings	Against the employer or responsible persons	TPC/TCK Arts. 85–89	The Public Prosecutor initiates an investigation for negligent injury or negligent homicide.
Application to Mediation	Mandatory pre-litigation step	Labor Courts Law No. 7036, Art. 3	Mandatory for compensation and labor receivables in occupational-accident cases.
Residence/Humanitarian Stay Right	Non-deportation due to the accident	Law on Foreigners and International Protection (YUKK) Arts. 46, 55	Even if working illegally, the person cannot be deported during treatment; humanitarian residence may be granted. This should be assessed by an attorney.

2.2. Equal Protection With or Without a Work Permit

In Türkiye, SGK registration is not a prerequisite for the status of occupational accident; de facto work suffices.

According to settled case law of the 21st Civil Chamber of the Court of Cassation:

“Even an uninsured and work-permit-less foreign worker is deemed to have suffered an occupational accident if working under the employer’s orders and instructions; the employer’s liability remains intact.”

Therefore, the following employer defenses are legally invalid:

• “There was no work permit.”
• “There was no insurance.”
• “The accident occurred outside the workplace.” (If there was an assignment or employer-provided transport, it is still considered an occupational accident.)

2.3. Application to SGK and Benefit Rights

Temporary Incapacity Allowance (Sick-Leave Pay):

• If a medical report is obtained after the accident, SGK pays starting from the 2nd day in inpatient treatment.
• Calculated at two-thirds of the daily earnings.
• If the worker was employed uninsured, the employer must pay this amount instead of SGK.

Permanent Incapacity Pension:

• If the Health Board grants a disability rate of 10% or more, a lifelong pension is granted.
• The disability rate, age, profession, and income level affect the amount.
• Payments can be made to a bank account or via an attorney for foreign nationals.

In Case of Death:

• Funeral allowance, survivor’s pension, and loss of support compensation.
• SGK grants income to beneficiaries (spouse, children, parents).
• If the deceased foreigner’s relatives are abroad, transfers outside Türkiye are also possible.

2.4. Employer’s Obligations and Scope of Liability

The employer owes a duty of care close to strict liability. If the following measures are not taken, the employer is liable for compensation:

1. Occupational safety training (in a language the foreigner understands)
2. Provision of PPE (hard hat, gloves, mask, etc.)
3. Risk assessment and emergency plan
4. Workplace physician/OSGB services
5. Registered employment, social security registration, transport/accommodation safety
6. Immediate notification after the accident (SGK + law enforcement)

Special attention is required for foreign employees: Failure to provide training in an understandable language or to provide written translations may itself be deemed “negligence.”

2.5. Rights of Foreign Workers Employed Illegally

Foreigners working without a permit also enjoy the same judicial protection as occupational-accident victims:

• An application to SGK may be made (even if the employer failed to notify).
• The employer is liable for administrative fines and premium debts.
• Deportation of the foreigner due to the accident is unlawful; they cannot be removed until treatment and judicial processes are concluded.
• If necessary, they may remain in Türkiye with humanitarian residence (YUKK Art. 46).
• They may file pecuniary and non-pecuniary compensation claims.

2.6. Types of Compensation (For the Foreign Worker)

1. Pecuniary (Material) Compensation:
   • Income loss (periods of incapacity for work)
   • Treatment expenses, prosthetics, rehabilitation
   • Caregiver expenses
   • Travel and accommodation expenses (especially for out-of-town treatment)
2. Non-Pecuniary (Moral) Compensation:
   • Physical/psychological pain
   • Permanent disability, trauma, loss of social life
3. Compensation in Case of Death:
   • Loss of support compensation to family members
   • Funeral expenses
   • Repatriation of remains to a foreign country (shared responsibility of SGK + employer)

2.7. Application Deadlines and Statutes of Limitation

Right / Process	Who It Binds	Scope	Critical Period
SGK Notification	Employer	Notification of occupational accident	3 working days
Temporary incapacity allowance	SGK	Daily income for days on medical leave	Condition: medical report
Permanent incapacity pension	SGK	Loss of earning capacity of 10%+	By SGK decision
Pecuniary–non-pecuniary compensation	Employer	Fault/OHS violations	Limitation generally 10 years*
Criminal process	Employer/responsible persons	Negligent injury/death	Prosecutor acts ex officio
Mediation	Parties	Compensation/labor receivables	Mandatory before litigation

*If there is a criminal case, the criminal limitation period may affect the civil limitation period.

3) What Happens to a Foreign National Without a Work Permit (Undocumented/“Kaçak”)?

• No loss of rights: Lack of a work permit does not prevent classification as an occupational accident; it does not remove the employer’s responsibility for compensation and damages.
• SGK aspect: For an employee unlawfully employed without insurance, administrative fines, premium/recovery (recourse), and default surcharges fall on the employer.
• Risk of removal: As a rule, no deportation is carried out solely because of the occupational accident; however, administrative processes such as unauthorized work or residence violations may arise. In such cases, humanitarian residence/health-based temporary solutions and consular communication can be considered. However, in some situations a deportation decision may be issued. Therefore, it is important for an expert attorney to evaluate the case. Otherwise, obtaining the foreigner’s rights may be delayed or, in many cases, may not be possible.

4) Employer’s Obligations (OHS-Focused)

• Risk assessment, training, instructions, provision and supervision of PPE, proper machinery/equipment, workplace physician/OSGB, emergency plan.
• Language barrier for foreign workers: Trainings must be provided in an understandable language; use of interpreters/visual materials and obtaining written-signed acknowledgments of instructions.

5) Step-by-Step Roadmap at the Time of Accident

1. Call 112 / first aid and secure the area.
2. Inform the Police/Gendarmerie and, if necessary, the prosecutor. Never attempt to cover up the incident. Otherwise, obtaining your rights becomes harder.
3. Call your attorney.
4. Hospital report (detailed forensic report; blood/toxicology if needed).
5. Witnesses/photos–videos: Scene and equipment recordings.
6. Occupational accident notification (employer): The employer must file within 3 working days. If they fail, file the notification through your attorney.
7. Accident determination report and OHS records (risk, training, PPE issuance).
8. Personal file: Employment contract/payroll/overtime records should be available.
9. Professional legal support: For compensation, SGK pension, and mediation processes.

6) SGK Procedures and Benefits

• Temporary incapacity allowance: Based on daily earnings during medical leave (condition: medical report; different calculations for inpatient/outpatient).
• Permanent incapacity pension: Granted by the Institution’s Health Board at a loss rate of 10%+; remaining life expectancy and profession/age are considered.
• In case of death: Survivor’s pension to beneficiaries and funeral allowance; if the employer is at fault, SGK may recourse against the employer.
• Recourse: SGK may recourse to the employer/sub-employer in proportion to fault for amounts it paid.

7) Compensation Lawsuit Against the Employer (Pecuniary–Non-Pecuniary)

• Pecuniary damages: Income loss (temporary/permanent), treatment, caregiver expenses, prosthetics/rehabilitation, loss of earning capacity.
• Non-pecuniary damages: Physical/mental pain and suffering.
• Loss of support: To the relatives in case of death.
• Fault and causation: OHS violations, breach of duty of care, lack of training, improper equipment, etc.
• Situations aggravating employer liability: Subcontractor–principal employer relations, hazard class of the work, settled Court of Cassation practice.

Mandatory Mediation

• Under Law No. 7036, mediation is mandatory before filing lawsuits for compensation/labor receivables. The mediation record is issued within 3 weeks + 1 week at most.

Statute of Limitations

• In practice, generally 10 years for claims arising from tort/occupational accidents; if the criminal case has a longer limitation, that period applies. For labor receivables, 5/10 years may apply depending on the type.

8) Documents – Evidence – Proof

• Hospital/forensic reports, epicrisis, treatment invoices, medication/care documents
• Scene photos–videos, machinery/equipment logs, PPE issuance records, training minutes
• Witness statements, shift/overtime schedules, entry–exit logs
• Employment contract, payroll, payment receipts (or witness/comparable wage if unavailable)

9) Common Special Situations

• Subcontractor/sub-employer: Joint and several liability with the principal employer.
• Road accident: May occur in employer-provided transport/vehicle or on a route taken by instruction.
• Domestic services/self-employed: Special provisions under Law No. 5510 and proof of de facto work required.
• Language barrier: Interpreter support, consular notification (especially in case of death).
• Temporary assignment (assignment letter) and operations at different workplace sites.

10) Checklist – What to Bring to Your Attorney Meeting

• Passport / Foreign ID Number (YKN), residence/permit documents (if any)
• Hospital/forensic reports, prescriptions, invoices
• Scene photos–videos, equipment details, information on camera records
• List of witnesses and contact details
• Payroll/payment slips/overtime records (or WhatsApp chats, etc., if unavailable)
• Employment entry/exit, work instructions, transport route
• Employment contract (or proof of de facto work)

Frequently Asked Questions (FAQ) – Rights of Foreign Workers in Occupational Accidents

1. If a foreign worker suffers an occupational accident in Türkiye, do they have rights?

Yes. Every foreigner who de facto works in Türkiye is protected by Turkish labor law and SGK legislation in the event of an occupational accident. Citizenship or work-permit status is irrelevant; de facto employment suffices. According to the Court of Cassation, “even if there is no work permit, a person working under the employer’s orders and supervision is considered a worker.”

2. I don’t have a work permit; if I have an occupational accident, can I receive payments from SGK?

If the employer has not registered you with SGK, SGK may not pay directly; however, the employer is personally liable for all amounts that SGK would have to pay. In this case:

• Administrative fines and premium debts are imposed on the employer.
• You may file pecuniary and non-pecuniary compensation claims against the employer.
• SGK treats the incident as employment of an uninsured worker and recourses against the employer.

3. What is an occupational accident, and does the definition also apply to foreigners?

Under Article 13 of Law No. 5510, an occupational accident is an event:

• Occurring at the workplace,
• Due to the execution of the work,
• Occurring during commuting in a vehicle provided by the employer,
• Occurring during the nursing break of a breastfeeding female worker.
  This definition applies exactly to foreign workers as well.

4. What payments does SGK make to a foreign worker who suffers an occupational accident?

If the worker has been reported to SGK, SGK provides:

• All medical and pharmaceutical expenses
• Temporary incapacity allowance (sick-leave pay)
• Permanent incapacity pension (if disability exceeds 10%)
• Funeral allowance and survivor’s pension for beneficiaries in case of death
  If uninsured, these payments must be made by the employer.

5. What is the employer’s liability after an occupational accident?

The employer must:

• Take occupational safety measures,
• Provide training (in a language the foreign worker understands),
• Provide PPE,
• Conduct risk assessments,
• Notify SGK within 3 working days after the accident.
  If any of these obligations is breached, the employer is liable for pecuniary and non-pecuniary compensation.

6. Who files the occupational-accident notification for a foreign worker?

Normally the employer. However:

• If no notification is made, the worker or their attorney may directly petition SGK.
• A written application may be made to the Social Security Center.
• The notification period is 3 working days; otherwise, the employer is fined.

7. Will I be deported from Türkiye due to an occupational accident?

Generally, no.
A foreigner who suffers an occupational accident cannot be deported while treatment or legal proceedings are ongoing. Under Article 55 of YUKK, humanitarian residence may be granted within the non-refoulement framework. Moreover, being an occupational-accident victim is protected under the freedom to seek legal remedies.
However, unlawful practices may occur in practice. Therefore, seek an attorney immediately and have your case assessed.

8. Do relatives of a foreign worker also have rights in an occupational accident?

Yes.
If the occupational accident results in death, the deceased worker’s:

• Spouse,
• Children,
• Parents
  may receive a survivor’s pension and funeral allowance from SGK.
  They may also file claims for loss of support and non-pecuniary damages against the employer.

9. Can a foreign worker initiate a criminal case due to an occupational accident?

The Public Prosecutor initiates a criminal case ex officio.
If the employer’s negligence or lack of precautions contributed to the accident, Articles 85–89 of the TPC (negligent injury or negligent homicide) apply.
The foreign victim may participate as a complainant and notify compensation claims within the criminal file.

10. How much compensation can be obtained due to an occupational accident?

The amount depends on:

• Fault distribution (%),
• Disability rate (%),
• Monthly income,
• Age, profession, actuarial coefficient, etc.

11. What can a foreign worker do if dismissed due to an occupational accident?

Dismissal after an occupational accident does not constitute a just cause. On the contrary, it violates job security. The foreign worker may:

• File a reinstatement (re-employment) lawsuit,
• Depending on the case, claim severance and notice pay,
• Claim overtime, annual leave, and wage receivables.
  The employer’s claim of “had an accident, can no longer work” is not sufficient alone; a health board report is required.

12. Is mediation mandatory for foreign workers as well?

Yes.
Under Law No. 7036, mediation is mandatory before filing lawsuits for compensation and labor receivables arising from occupational accidents.
If no agreement is reached in mediation, a lawsuit may be filed with the mediation report.

13. Who pays the hospital expenses after an occupational accident for a foreign worker?

If the worker is insured, SGK covers all medical expenses.
If uninsured, the employer is responsible.
Emergency services are free in any case.
Expenses not paid by the employer after treatment may be claimed in a pecuniary damages lawsuit.

14. What if there is a language barrier in an occupational accident?

The employer is obliged to provide training to the foreign worker in a language they understand and to provide an interpreter after the accident.
If statements are not properly taken or the worker cannot defend themselves due to the language barrier, this is evaluated against the employer, not in their favor.

15. Can SGK make payments to a foreigner living abroad?

Yes.
SGK may transfer permanent incapacity or survivor pensions to foreign bank accounts.
For beneficiaries living abroad, powers of attorney may be arranged through consulates.

16. Must the foreign worker file a lawsuit in Türkiye, or can they file in their own country?

If the accident occurred within Türkiye, Turkish courts have jurisdiction.
However, for a foreign judgment to be effective in Türkiye, a recognition–enforcement (tanıma–tenfiz) action is required.
Therefore, filing the case in Türkiye is generally faster and more conclusive.

17. What happens if the employer has insurance (e.g., personal accident policy)?

If the employer has private insurance, additional compensation beyond SGK may be obtained from the policy.
However, this does not remove the employer’s fault liability.
The foreign worker may claim from both the insurance company and the employer.

18. Who issues the accident report and how is it obtained?

A forensic report is issued by the hospital visited after the accident.
This report is crucial to prove whether the incident is an occupational accident.
A copy should be given to the worker and sent to SGK and the prosecutor’s office.
Having the phrase “the incident is of the nature of an occupational accident” facilitates the process.

19. Can a foreign worker retain a lawyer in Türkiye?

Yes.
Foreigners can retain lawyers, grant powers of attorney, and file lawsuits in Türkiye.
For the power of attorney, a notary approval with a passport and an interpreter is sufficient.
Powers of attorney issued by consulates are also valid.

20. Is it possible to settle (amicable agreement) with the employer after an occupational accident?

Yes, but caution is necessary.
Before signing a settlement protocol, ensure that:

• The compensation amount,
• The permanent disability rate,
• Treatment expenses
  are clearly determined.
  A foreign worker should not sign a document fully waiving rights; otherwise, there may be a loss of rights.
  Therefore, any settlement should be made through an attorney.

21. What is the limitation period for filing a lawsuit after an occupational accident?

The general limitation period is 10 years.
However, if there is a criminal aspect (e.g., death or severe injury), the criminal limitation period applies, which may extend to up to 15 years.
If the foreign worker is not in Türkiye, a lawsuit may be filed through an attorney.

22. Can I continue working after an occupational accident?

Yes, if your health condition allows.
However, a doctor’s report is required.
If the employer dismisses you merely because “you had an accident,” this constitutes a violation of the prohibition of discrimination.

23. What should I do if I need to remain in Türkiye due to an occupational accident?

If your residence permit has expired, you may apply for humanitarian residence (YUKK Art. 46).
As long as treatment, litigation, or SGK procedures are ongoing, the Migration Directorate generally grants this permit with a properly drafted petition explaining the situation.
Thus, you can legally remain until your treatment is completed without being deported.

24. What happens if a foreign worker employed illegally suffers an occupational accident in Türkiye?

In this case:

1. The employer receives significant administrative fines.
2. The employer must pay SGK premiums and compensation.
3. You may file pecuniary and non-pecuniary claims.
4. You are not deported because of the accident.
   Obtaining humanitarian residence for such cases is quite common. However, your situation must be assessed in detail by an attorney.

25. Who calculates the compensation for a foreign worker’s occupational accident?

Compensation is calculated by an actuarial expert.
The calculation is based on factors such as income, age, degree of fault, and disability rate.
Attorneys often strengthen the case by obtaining a pre-actuarial report before litigation.