Petition for Material and Moral Damages Due to Work Accident

TO THE DUTY LABOR COURT
OF ISTANBUL

PLAINTIFF: Name and Surname (Turkish Republic Identity Number: …) - Address
REPRESENTATIVE: Lawyer's Name and Surname - Address
DEFENDANT: … Industrial and Industrial Gases Inc. - Address

SUBJECT: A lawsuit for … TL (Material and Moral Damages of Unspecified Amount)

EXPLANATIONS:

1. My client was seriously injured in a workplace accident on …/…/… while working at the company named … X, a limited liability company belonging to the defendant company. The accident occurred due to inadequate safety measures at the workplace, and my client is not at fault in this accident. Although the workplace authorities contacted my client after the incident, stating that they were ready to do whatever was necessary, they have shown no interest in assisting my client whatsoever.

   My client was severely injured, unfortunately resulting in the loss of a vital limb. This loss was not limited to physical impairment alone, as every person who loses a vital limb has to cope with a severe psychological experience. This has undoubtedly had devastating and traumatic consequences for him. The criminal investigation initiated after the accident, under investigation number ..., is being conducted by the Public Prosecutor's Office.

2. It is clear that my client has suffered a loss of earning capacity due to this unfortunate incident. This loss of earning capacity has severely impacted his economic future, transforming it from a predictable to an inconsistent one. The true extent of my client's losses will be determined and revealed by expert appraisers. In this context, a claim for ... TL in material compensation is currently being made to determine the loss of earnings suffered during the period of temporary disability and the economic losses he will experience in the future. Furthermore, my client has suffered significant emotional distress due to the physical and psychological difficulties he experienced. Therefore, it has become necessary to claim ... TL in moral compensation.

   My client's limb loss has rendered him unable to perform many of his previous professions, negatively impacting his quality of life and future economic opportunities. This situation has profoundly affected both his professional and social life, creating a need for continuous assistance to enable him to manage his daily life.

EVIDENCE:

1. … The file numbered …/… Investigation, which is being conducted by the Public Prosecutor's Office, and the reports and other documents contained within this file,
2. ... Investigation file number .../... prepared by the Police Station Directorate,
3. SGK records (inquiring whether salary or payments were made due to the accident),
4. University Medical Team Report and treatment documents,
5. Photographs showing limb loss after surgery,
6. The SEK investigation includes my income documents, accident report, expert opinion, on-site inspection, witness testimonies, and other legal evidence.

CONCLUSION AND REQUEST:
For the reasons briefly explained above, and reserving our rights regarding any further claims,

1. We request that our case be accepted and that the defendants be ordered to pay, jointly and severally, the material damages amounting to … TL, together with legal interest accruing from the date of their default
2. In order to compensate for the emotional distress suffered by my client, I request that the defendants pay … TL in moral damages
3. I respectfully request and demand that the court order the opposing party to pay the court costs and attorney's fees.

…/…/…

Plaintiff's
Attorney's Name and
Surname