Occupational disease is a permanent or temporary physical or mental disability arising from the person’s continuous performance of the same job and caused by the conditions of this job.
Compensation lawsuit due to occupational disease is a type of both pecuniary and non-pecuniary compensation filed in order to cover the incapacity to work, hospital expenses, pain and grief experienced by the worker for this reason.
Material Compensation Case Due to Occupational Disease
In the type of material compensation, the worker can claim the material losses suffered due to occupational disease. For example, the employee can claim hospital expenses, the salary he/she is deprived of for the days he/she cannot work, and if the occupational disease is permanent, he/she can claim financial compensation for the days he/she cannot work at the rate of loss of work. However, the amount to be awarded by the court is limited to the amount not paid by the SSI. In addition, in determining the amount of compensation, the fault rates of the employee and the employer and the last wage of the person are also taken into consideration.
Moral Compensation Case Due to Occupational Disease
In the type of moral compensation, the employee may request all kinds of moral damages suffered due to occupational disease. It is a kind of compensation for the pain and suffering experienced by the person due to occupational disease. Moral compensation is awarded in proportion to the age, occupation and disability rate of the person.
Authorised and Competent Court in Compensation Cases Due to Occupational Disease
The competent court for compensation lawsuits due to occupational disease is the Labour Court. The competent court is the court of the employer’s place of residence on the date of filing the lawsuit.
Statute of Limitations for Compensation Lawsuits Due to Occupational Disease
The statute of limitations for compensation cases to be filed due to occupational disease is 10 years. This period starts from the date the damage is learnt.