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Labor LawWhat is a Work Accident?

By definition, occupational accidents are undesirable incidents arising from dangerous situations that occur during the performance or execution of a job. In these cases, individual damages such as death, injury, illness may occur, as well as various damages and damages in the work environment.

In the definition of occupational accident made by the World Health Organisation, multiple elements/features are included:

  • Unplanned in advance,
  • Often leading to individual injuries,
  • Damage to machinery, equipment, tools and equipment,
  • Production stops for a while.

What should be done after a work accident?

If there is an injury in a work accident, first aid should be applied to the employee. Employees who are individually injured in a work accident should be referred to the nearest health institution after the first intervention.

One of the most important responsibilities of the employer after the work accident is the preparation of the work accident report. In the report, how the incident occurred should be explained in detail. The names of the employees who witnessed the work accident should be recorded in the report and the report should be signed by the relevant persons.

Work accidents must be reported in writing (verbally in emergencies) to the law enforcement unit where the accident occurred. Again, after the accident, written notification should be made to the regional and provincial directorates of the Ministry of Labour and Social Security and SSI.

What is the Responsibility of the Employer in a Work Accident?

The employer has two different responsibilities in a work accident, one of which is fault liability and the other is strict liability.

In fault liability, in order for the employer to be considered flawless, it must have taken all measures regarding occupational health and safety in the workplace and provided a suitable working environment. In addition, occupational health and safety tools in the workplace must be complete and inspections must not be disrupted.

In no-fault liability, it does not matter whether the employer is at fault or not in the work accident. If an appropriate causal link can be established between the loss and damage incurred and the work accident, the employer may be held liable even if he is at fault.

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