TEMPORARY DISABILITY COMPENSATION
, temporary disability occurs when a person who has had an accident is permanently unable to work. It means the person cannot work until they recover, resulting in loss of income and earnings.
According to Article 54 of the Turkish Code of Obligations, medical expenses, loss of earnings, losses arising from the reduction or loss of working capacity, and losses arising from the disruption of economic future constitute bodily harm.
In determining the scope of disability compensation, in addition to determining the plaintiff's income, it is also necessary to determine the recovery period and the extent of the loss of working capacity based on the treatments received due to the injury.
In cases of temporary disability resulting from a work accident or occupational disease suffered by an insured worker, the Social Security Institution appoints an inspector and opens a work accident file within the Social Security Institution. Temporary disability refers to the situation where a person who has received treatment as a result of a work accident is permanently unable to work during the rest period specified in the medical board reports. A person who has suffered a workplace accident is unable to work and experiences a loss of income for the periods stated in their medical reports. To compensate for this loss of income, the Social Security Institution provides temporary disability benefits for the duration mentioned in the medical reports.
Temporary disability compensation is included in Article 54 of the Turkish Code of Obligations, which deals with loss of earnings. This article defines loss of earnings as the loss of income that the injured person would have likely earned if they had not suffered the injury. Therefore, the loss of earnings is temporary and retroactive.
In the Turkish Code of Obligations, temporary disability is considered a loss of earnings. Accordingly, if the injured person does not suffer permanent disability but is unable to work until they recover due to treatment, they experience a loss of work and income.
Temporary disability compensation only covers the income lost due to inability to work as a result of injury.
Temporary disability compensation can also be claimed for those under eighteen years of age who are actively working.
TEMPORARY DISABILITY COMPENSATION IN TRAFFIC ACCIDENTS
Insurance companies are responsible for temporary disability under the scope of treatment coverage. In traffic accidents, temporary disability refers to the inability of the injured person to work until they recover and receive treatment, resulting in loss of work and income. The period of temporary disability does not only cover the time spent in the hospital for treatment, but also the recovery period.
DOCUMENTS REQUIRED FOR CALCULATING TEMPORARY DISABILITY COMPENSATION (IN TRAFFIC ACCIDENTS):
Accident date, official accident report;
Hospital medical report for the injured person (for temporary disability claims)
; Current population registration record for the injured
person (for incidents); Documents proving the injured person's income, such as Social Security Institution service record, tax return, payroll, etc.
TEMPORARY DISABILITY BENEFIT
When an individual is unable to work due to a medical report from a relevant healthcare institution, resulting in a temporary reduction in income on a weekly or monthly basis, this benefit is provided to compensate for this loss of earnings.
The Social Security Institution (SGK) calculates the amount and pays the temporary disability benefit to individuals via a contracted bank at the end of the reported sick leave period.
CALCULATION OF TEMPORARY DISABILITY BENEFIT
The Social Security Institution pays benefits starting from the third day of the sick leave. Even if an employee has a one or two-day sick leave, the SGK does not pay for those days. For an employee with a three-day sick leave, the SGK pays only the benefit for one day. The legislation distinguishes between sick leave reports for outpatient or inpatient treatment when calculating the temporary disability benefit. When calculating this compensation, the employee's Social Security Institution (SGK) reported earnings (insured's premium base earnings) for the last three months before the sick leave is considered. The average of the reported earnings for the last three months is taken, and a percentage is calculated based on the employee's daily earnings.
For outpatient treatments, the allowance is calculated as two-thirds of the employee's daily earnings, and for inpatient treatments, it is calculated as half of the employee's daily earnings.
If the employee has received a sick leave due to a work-related accident or maternity leave, the temporary disability benefit will be paid by the Social Security Institution starting from the first day of the sick leave, not from the third day. (
HÜSEYİN DOĞAN)
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