Temporary Disability Compensation

Temporary disability damages are not directly listed or defined in the Turkish Code of Obligations No. 6098. However, within the framework of the general provisions of the law, the concept of temporary disability damages has been interpreted by some court decisions and doctrinal opinions. Temporary disability situations are considered within the scope of loss of earnings in the Turkish Code of Obligations system. Temporary disability refers to the situation where a person who has suffered an accident is unable to work during the treatment process, without permanent disability, and therefore suffers a loss of work and earnings for a period of time. In this case, the injured party is given a temporary disability allowance for the duration of the disability. The Supreme Court defines temporary disability damages as the inability of a person to work until they recover from a wrongful act requiring treatment, and therefore the loss of work and earnings. Therefore, temporary disability damages refer to the economic losses resulting from the temporary inability of the injured party or patient to work during the period until they recover. The Supreme Court also states that these losses can be claimed not only for medical expenses incurred during the treatment process, but also for other economic losses such as loss of income and work, lost job opportunities, and additional costs for completing unfinished work. The Supreme Court has issued a ruling stating that calculations should be made on the assumption that the individual suffers a 100% loss of working capacity during the period of temporary disability. This decision has a significant impact on determining the financial rights of individuals who are temporarily disabled due to a work accident or occupational disease.

This Supreme Court decision can be considered a point of reference in determining the monetary compensation for individuals experiencing temporary disability, based on factors such as the percentage and duration of their loss of earning capacity. However, in each case, a detailed assessment is necessary, taking into account factors such as the individual's loss of earning capacity and its duration. Essentially, to reiterate, temporary disability damage is the financial loss a person suffers during the period they are unable to work due to their disability. During this period, the individual is unable to earn income normally and therefore experiences financial losses. For example, if a worker is unable to come to work due to illness, the loss of their salary during this period can be cited as an example of temporary disability damage. Although there is no consensus in legal doctrine, judicial decisions can be an important guide in determining compensation for temporary disability damages.

Temporary disability compensation is a type of compensation paid to a person to cover the financial loss suffered due to incapacity for work during the treatment and recovery process following an unlawful act. This compensation is paid to cover the loss of wages the person would have earned during the period of inability to work and is usually paid by insurance companies. Temporary disability compensation arises particularly in cases such as workplace accidents, traffic accidents, and occupational diseases. This compensation is a type of compensation that the employer or insurance company must pay because the person becomes temporarily incapacitated during the treatment and recovery process. The amount of this compensation can vary depending on how many days the person is incapacitated after the accident and the person's wage at their job. One of the methods used in calculating this compensation is called the "difference theory".

The difference theory is based on compensation for the difference between an employee's working capacity before an occupational accident or disease and the working capacity lost as a result of the accident or disease. This difference determines the compensation to be paid during the period the employee is temporarily unable to work due to the occupational accident or disease.

However, the statement that, according to the "difference theory," the calculation of temporary disability compensation requires a decrease in assets without the victim's consent is incorrect. This statement is not legally correct.

In calculating temporary disability compensation, it is assumed that the employee has suffered a loss of income due to their temporary inability to work as a result of a work accident or occupational disease. Therefore, it is sufficient that the loss of income occurred without the injured party's consent. It is not necessary for the employee's assets to have decreased without their consent.

Temporary disability compensation can vary in each case. It refers to the income lost due to a person's temporary inability to work. However, this loss can vary depending on factors such as the person's profession, workplace, and the time it takes to return to work. For example, the disability compensation for an office worker may differ from that of a construction worker because an office worker typically works at a desk, while a construction worker performs heavy physical labor. Similarly, the time it takes for a person to return to work can vary depending on treatment and the recovery process. Therefore, temporary disability compensation can differ in each case and should be assessed on a case-by-case basis. The content of temporary disability compensation varies according to each specific case, and three different assessments can be made:

1. Loss of Earnings: Due to temporary disability, a person may lose the wages they would normally earn. In this case, the temporary disability loss will be equal to the amount of lost wages.
2. Additional Costs: Temporary disability treatment may incur additional costs such as medical treatment, medications, and other medical expenses. The total of these costs will also be part of the temporary disability benefit.
3. Lost Potential Earning Opportunities: Due to temporary disability, a person may also lose potential earning opportunities. For example, they may have planned to apply for a job or received a new job offer. The loss of these opportunities will also be part of the temporary disability loss.

These three factors constitute the content of temporary disability compensation and vary depending on the specific case. Proper assessment will help a person accurately calculate their temporary disability compensation.

-Conditions for Liability in Temporary Incapacity Compensation

The conditions for temporary disability compensation are not directly regulated in the Turkish Code of Obligations. Regulations on this matter are found in the Social Security and General Health Insurance Law and the regulations published by the Ministry of Labor and Social Security.

1- Employees who are injured in the workplace must have a temporary disability status.

2. There must be material damage.

3. A suitable causal link must be established.

4. The defendant must have committed fault or be liable for strict liability.

– This compensation is calculated by taking into account the employee's income earned from their work and, if applicable, their fault. When calculating, the income of those with income is considered. This income is calculated provided it is not less than the minimum wage. The minimum wage is a fixed amount determined annually, and any employee must earn at least this amount. Factors such as the employee's income, the duration of the disability, the duration of treatment, and the disability rate are also taken into account when calculating the compensation.

Therefore, the disability rate must be accurately determined by considering the plaintiff's income, as well as the duration of treatment and recovery. Accurate determination of these factors will ensure a fair and correct calculation of compensation.

Therefore, in temporary disability compensation cases, the compensation must be calculated fairly, taking into account the plaintiff's income, as well as the recovery period, treatment duration, and disability rate. Finally, according to the practice of the Supreme Court, if the plaintiff dies while the case is ongoing, the plaintiff's rights pass to their heirs, and the case continues. The temporary disability loss and caregiver expense loss should be determined from the date of the accident to the date of death, and compensation should be awarded to the deceased's heirs in proportion to their inheritance shares.

Permanent disability compensation ends upon the death of the plaintiff, and no compensation can be claimed for this loss. However, compensation can be claimed for other damages resulting from death, such as material and moral damages.

In summary, in the event of the plaintiff's death, compensation can be claimed for temporary disability and caregiver expenses, and this compensation is determined and paid to the deceased's heirs in proportion to their inheritance shares. However, compensation cannot be claimed for permanent disability.