Occupational accidents are one of the saddest and unfortunately frequent facts of working life. An occupational accident is defined as an event that occurs at the workplace or during the execution of the work and causes physical or mental damage to the worker. According to the Law No. 5510 on Social Insurance and General Health Insurance, certain conditions must be fulfilled in order for an event to be considered an occupational accident. An employee who has an occupational accident or his/her beneficiaries in case of his/her death have important rights that can be claimed both before the Social Security Institution (SSI) and against the employer.
Legal Framework: Definition of Work Accident and Responsibility
Article 13 of the Law No. 5510 clearly states which events are considered as occupational accidents. Accordingly, an occupational accident is an event that occurs while the insured is at the workplace, due to the work being carried out by the employer, due to being sent to another place outside the workplace on duty, or during the time allocated for breastfeeding women insured to give milk to their child, and which causes the insured to become physically or mentally disabled.
The liability arising from work accidents is twofold:
- SSI’s Liability: SSI provides certain benefits to the insured or his/her beneficiaries who have suffered an occupational accident, regardless of whether a premium is paid or not.
- Employer’s Responsibility: If the employer is negligent in taking occupational health and safety measures, the employee has the right to file a compensation claim against the employer for the damages not covered by the SSI. This liability is based on the tort provisions of the Turkish Code of Obligations No. 6098 and the Occupational Health and Safety Law No. 6331.
Rights Provided by SSI
The rights provided by the SSI to the worker who has had a work accident or his/her beneficiaries are as follows
- Temporary Incapacity Allowance (Report Money): It is the wage paid by the SSI to the worker who is reported due to a work accident during the report period.
- Permanent Incapacity Income: It is the salary permanently tied to the worker who has lost at least 10% of his/her earning power as a result of a work accident.
- Health Benefits: All treatment costs incurred due to a work accident are covered by the SSI.
- Funeral Allowance: It is a one-time benefit paid to the family of the insured who died as a result of an occupational accident.
- Death Income: It is the pension granted to the beneficiaries (spouse, children, parents) of the insured who died as a result of an occupational accident.
Compensation Lawsuits Against the Employer
If the employer has a defect in taking occupational health and safety measures in the occurrence of the work accident, the employee or his/her beneficiaries may file a lawsuit for compensation against the employer at the Labour Court for damages other than the benefits provided by the SSI:
- Material Compensation Lawsuit: With this lawsuit, all material damages incurred by the worker and not covered by the SSI can be claimed. These are;
- Treatment expenses (private hospitals, medication, carer expenses etc. not covered by SSI).
- Loss of earnings (loss of net income during the period of temporary incapacity).
- Damages incurred due to loss of earning capacity (permanent incapacity). This is the claim for the balance of damages from the employer in cases where the income granted by the SSI is insufficient.
- In case of death, “compensation for deprivation of support” for those who are deprived of the support of the deceased.
- Moral Compensation Case: Non-pecuniary compensation may be claimed for the physical and mental pain, suffering and anguish suffered by the worker due to the work accident. In case of death, the relatives of the deceased (spouse, children, parents) may file a lawsuit for non-pecuniary damages due to their deep sorrow.
Things to do after a work accident
- Immediate Health Intervention: The worker should be taken to the nearest health institution.
- Notification Obligation of the Employer: The employer must immediately report the work accident to the law enforcement authorities and the SSI within 3 working days after the accident at the latest.
- Determination of Evidence: It is important to collect evidence of how the accident occurred (accident report, witness statements, camera recordings, etc.).
- Initiation of the Legal Process: After the necessary notifications are made, it is necessary to claim the rights from the SSI and to start preparations for the compensation case if the employer is at fault.
A work accident is an event that can have severe consequences for the worker and his/her family. In order to protect the worker and his/her beneficiaries, the laws have granted important rights both before the SSI and against the employer. While benefits such as temporary incapacity allowance and permanent incapacity income can be obtained from the SSI, in cases where the employer is at fault, it is possible to compensate for all damages through material and moral compensation lawsuits. Due to the complexity of the processes after a work accident, the technical knowledge required for compensation calculations and the importance of following the legal deadlines, it is vital to get professional support from a labour law and social security law lawyer to prevent loss of rights.