Petition for Compensation for Bodily Injury Due to Occupational Disease

TO THE DUTY LABOR COURT
OF ANKARA

PLAINTIFF:
Name and Surname-(Turkish Republic Identity Number: …)-Address

ATTORNEY:
Lawyer's Name and Surname - Address, Mobile Phone Number

DEFENDANT:
… Coal Mining Enterprises Directorate - Address

SUBJECT:
Claim for compensation for physical harm resulting from an occupational disease.

EXPLANATIONS:

1. My Client's Employment Status and Occupational Disease:
   My client, while working as a laborer with registration number … at the defendant institution's … coal mines, contracted an occupational disease as a result of exposure to coal dust. My client's disability was determined as %… according to a medical report dated …/…/…. A claim for moral damages related to this disability was decided by the … Court under case number …/… and the decision is final.
2. Employer's Negligence:
   The employer's failure to take adequate occupational health and safety measures, eliminate factors that could lead to occupational disease, and conduct regular periodic health examinations contributed significantly to the client's occupational illness. As a result of these shortcomings, the client contracted an occupational disease due to harmful conditions in the workplace. By failing to take necessary precautions, the employer endangered the client's health.
3. Claim for Monetary Compensation:
   My client has a disability report indicating a disability rate of %… and is requesting … TL in monetary compensation based on this report. We request that legal interest accruing from the date of the report, …/…/…, also be taken into consideration. Furthermore, while reserving our right to pursue legal action, we would like to state that we may also make claims exceeding the disability rate.

EVIDENCE:

1. Employer file,
2. Social Security Institution disability file,
3. … The case file numbered …/… of the Labor Court and all its contents,
4. Medical reports and other documents related to occupational diseases,
5. Witness statements and occupational health and safety expert reports,
6. All kinds of legal evidence.

LEGAL GROUNDS:
Turkish Code of Obligations, Labor Law, Law No. 6331 on Occupational Health and Safety and related legislation.

CONCLUSION AND REQUEST:
For the reasons briefly explained above, I respectfully request and demand that the defendant be ordered to pay ... TL in material compensation for the physical injuries resulting from the occupational disease disability of %..., together with legal interest accruing from the date of the report, and that the court costs and attorney's fees also be borne by the defendant.

…/…/…

Plaintiff's
Attorney's Name and
Surname