Petition for Recourse Claim for Material and Moral Damages
TO THE DUTY LABOR COURT JUDGE
PLAINTIFF: … (Turkish Republic Identity Number: …) Address: …
ATTORNEY: Lawyer's Name and Surname Address: …
DEFENDANT: … Inc. Address: …
SUBJECT OF THE LAWSUIT: Claim for recourse damages in material and moral terms.
CLAIM AMOUNT: … TL (Material Damages) + … TL (Moral Damages) (We reserve the right to claim further amounts.)
EXPLANATIONS:
My client, while working as a foreman at a construction site belonging to … Inc. at … address on … date, fell and was seriously injured due to the lack of safety precautions while working on the roof as instructed by his employer.
My client was not wearing a safety harness when he fell, and there were no safety barriers or markings on the rooftop. Due to the employer's inadequate occupational health and safety measures and negligence, my client was seriously injured and required lengthy hospital treatment.
As a result of the accident, my client;
- He suffered a spinal fracture and is paralyzed.
- He sustained skull fractures and brain damage.
- He lost one arm.
- She has permanent scarring on her face.
As a result of these injuries, my client has suffered both material and moral damages. Material damages include treatment costs, medication expenses, hospital stay fees, prosthetic costs, and lost earnings. Moral damages include the physical pain and suffering experienced by my client, psychological trauma, disability, and a decrease in quality of life.
The report prepared by the General Directorate of Occupational Accidents and Diseases also stated that the occupational accident resulted from the employer's fault.
According to the established jurisprudence of the Supreme Court's General Assembly of Civil Law, employers are obligated to take occupational health and safety measures for their employees. If this obligation is violated, the employer is liable to compensate the employee for any resulting damages.
EVIDENCE:
- Workplace accident reports and photographs,
- Hospital reports and documents showing treatment costs,
- Drug prescriptions and bills,
- Documents showing the cost of the prosthesis,
- Report from the General Directorate of Occupational Accidents and Diseases
- Witness statements and other legal loopholes.
LEGAL GROUNDS: Occupational Health and Safety Law, Turkish Code of Obligations and related legislation.
CONCLUSION AND REQUEST:
For the reasons explained above;
- The defendant is ordered to pay … TL in material damages and … TL in moral damages, together with legal interest
- I respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees.
History: …/…/…
Plaintiff's Attorney's Name and Surname Signature
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