What is Monetary Compensation? What are the Conditions?
Legal Guidelines for Compensating the Injured Party for Property Damages
Entrance
Monetary compensation is a type of compensation aimed at covering economic losses resulting from the violation of personal rights, bodily integrity, or property. Regulated primarily in the Turkish Code of Obligations (TBK) and various other special laws, this type of compensation arises in cases of tort, breach of contract, or strict liability.
This article will discuss the definition, conditions, claim process, case studies, and legal points that investors and individuals should be aware of regarding monetary compensation.
1. Definition of Monetary Compensation
Monetary compensationis the monetary value sought in lawsuits filed to compensate for direct property losses suffered by the injured party. This damage may arise in situations such as a vehicle being totaled in a traffic accident, loss of income following a workplace accident, or loss of rent due to unauthorized use of a property.
The aim of this type of compensation is to restore the injured party to their previous state, that is, to return them to a situation as if the damage had never occurred.
2. Legal Basis for Monetary Compensation
a. Turkish Code of Obligations, Article 49
Within the scope of tort liability:
"A person who causes harm to another through a culpable and unlawful act is obligated to compensate for that harm."
b. Turkish Code of Obligations, Article 112
Liability in case of breach of contract:
“A debt must be fulfilled in a way that does not harm the creditor. Otherwise, the debtor is liable for any damages arising therefrom.”
3. Main Situations Where Financial Compensation Can Be Claimed
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Traffic accidents
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Workplace accidents
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Medical errors (malpractice)
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Unlawful interventions in real estate
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Deliveries that are contrary to the contract (e.g., defective goods)
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Deliberate damage to property
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After theft or property damage crimes
4. Requirements for a Claim for Monetary Compensation
1. Existence of Damage
To claim monetary compensation, there must be concrete, tangible financial damage. This damage must be proven with evidence such as documents, invoices, expert reports, and social security records.
2. Illegality
The act causing the damage must be unlawful. Damages resulting from a lawful transaction cannot be claimed as compensation.
3. Defect (with exceptions)
The perpetrator must be at fault. However, in some cases (for example, employer liability, strict liability, and liability without fault), fault is not required.
4. Appropriate Causal Link
There must be an appropriate causal link between the harm and the act. The harm must be a direct consequence of the act.
5. Case Study: Claim for Financial Compensation in a Workplace Accident
Case:
A construction worker employed by a company in Istanbul was forced to work without adequate safety precautions and suffered a permanent disability after falling from scaffolding. His working capacity has been reduced by 60%. He has been granted permanent disability benefits by the Social Security Institution (SGK), but has also filed a lawsuit against his employer for financial compensation.
Assessment:
The employer failed to take the necessary precautions under Law No. 6331 on Occupational Health and Safety, and this was deemed negligent. The employee's financial losses (loss of income, treatment costs, prosthesis, etc.) were calculated through expert reports, and the court ordered the employer to pay monetary compensation.
6. Items Considered in Calculating Compensation
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Treatment costs
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Loss of income
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Reduced working capacity (according to disability rate)
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Loss of earnings during the period of temporary disability
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Damage to property such as vehicles and buildings
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Situations such as damage to household items, products, and appliances
7. Statute of Limitations in Compensation Claims
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Compensation for tortious acts: 2 years and in any case 10 years (Turkish Code of Obligations, Article 72)
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Compensation for breach of contract: General statute of limitations is 10 years.
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Social Security Institution (SGK) recourse lawsuits and loss of support claims in workplace accidents: Special time limits apply.
The statute of limitations begins when the damage and the perpetrator are discovered. Therefore, each specific case must be evaluated individually.
8. Things to Consider When Filing a Compensation Claim
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The items of damage must be clearly specified.
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Damages must be proven with documentation (invoice, receipt, expert report, etc.)
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The defendant must be correctly identified (employer, seller, perpetrator, etc.)
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The legal basis must be clearly stated (Turkish Code of Obligations, Articles 49, 112, etc.)
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An expert in accounting should be requested to technically determine the amount of damage.
9. Rejection of Monetary Compensation: Under What Circumstances is it Rejected?
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Insufficient proof of damages
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The plaintiff's fault is serious (for example, suffering damage due to negligence)
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There must be a legal justification (e.g., self-defense)
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Exceeding the statute of limitations
Conclusion and Evaluation
Monetary compensation is an important legal institution aimed at restoring the financial balance of the injured party. This claim, which can arise from reasons such as torts or breach of contract, can be successful with a carefully prepared lawsuit petition and solid evidence.
Those who have suffered damages should conduct the process with the assistance of expert lawyers and present their losses clearly, with documentation, and on a legal basis. It should be remembered that monetary compensation can only be awarded if damage exists, and if the legal and factual links to that damage are well established.
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