Workplace Accident Compensation Lawsuit

In our occupational accident legislation, it is defined as "an event occurring in the workplace or due to the performance of work that causes death or results in physical or mental disability.".

Workplace accidents and the related criminal, investigation, and, most generally, compensation lawsuits are extremely important in terms of the psychological, socioeconomic, and financial well-being of the injured party and their family.

Legal support and handling cases through a lawyer are crucial because, in terms of procedural efficiency, the shortening of the litigation process and lower costs are essential factors to consider, especially given the exchange rate and inflation data of the Republic of Turkey.

Preventing the loss of rights, determining the amount of moral damages and compensation to be claimed, as well as the amount of material damages to be demanded, and handling matters such as the forced recovery of assets if payment is not made, are technical issues requiring swift action.

This is a lawsuit filed by the victim, or by the victim's family if the victim dies, against the employer for compensation arising from the workplace accident described above.

As stated above, if negligence exists as a result of the responsibility of duty, this case may also be supported by a criminal case.

 

Against whom should a workplace accident compensation lawsuit be filed?

 

As stated above, the lawsuit is filed against the employer (the legal entity of the company).

In cases where a subcontracted worker is the victim of an accident, a workplace accident compensation lawsuit can now be filed against the subcontractor firm, also known as the sub-employer, or the main employer who commissioned the work, holding them jointly and severally liable. In other words, both the subcontractor firm and the main employer are jointly and fully responsible, and the lawsuit can be filed against both or one of them. Since standing is a prerequisite for a lawsuit, it is most reasonable to pursue the responsibility of both parties within the same lawsuit.

 

 

What situations are considered workplace accidents?

The situations considered as work-related accidents are listed in the Social Security and General Health Insurance Law No. 5510. These are:

ARTICLE 13 - Workplace accident;

1. a) While the insured person is at their workplace,

 

1. b) Due to work being carried out by the employer or due to their duties, or if the insured person is working independently in their own name and on their own account, due to the work or subject of their work, outside the workplace,
2. c) During the time spent by an insured person working for an employer, when they are sent to another location outside the workplace on official duty, and are not performing their main job,
3. d) During the time allocated for breastfeeding a child, for insured women who are breastfeeding,
4. e) An event that occurs while the insured person is traveling to and from the workplace in a vehicle provided by the employer, and which causes the insured person immediate or subsequent physical or mental disability.

WHERE TO REPORT A WORKPLACE ACCIDENT COMPENSATION CLAIM?

Before a worker can file a compensation claim, they must first report the workplace accident to the Social Security Institution (SGK). If a lawsuit is filed without fulfilling this obligation, the court will grant the plaintiff worker additional time to report the accident. The accident must be reported to the SGK within this extended period. If the SGK classifies the incident as a workplace accident, the lawsuit proceeds. If the SGK does not classify the incident as a workplace accident, the court will use the "preliminary issue" provision to grant the plaintiff worker/victim a period to file a "workplace accident determination lawsuit.".

STATUTE OF LIMITATIONS FOR WORKPLACE ACCIDENTS

The general statute of limitations for a compensation claim resulting from an accident suffered by a worker is 10 years. If the criminal statute of limitations is longer than 10 years, the statute of limitations for a workplace accident compensation claim will also be equal to the criminal statute of limitations. For example, if the workplace accident is proven to be "negligent bodily harm," then the criminal statute of limitations is 8 years, so the statute of limitations for a workplace accident compensation claim will remain at 10 years. However, if the crime is "negligent homicide," then the criminal statute of limitations is 15 years, so the statute of limitations for a workplace accident compensation claim will also increase to 15 years.

I had a workplace accident, how much compensation can I receive?

In a compensation lawsuit filed as a result of a workplace accident, both material and moral damages can be claimed. First, let's explain moral damages;

In cases of serious bodily harm or death, a suitable amount of money may be awarded as moral compensation to the injured party or the relatives of the deceased (Turkish Code of Obligations, Article 56/2). Our legislation leaves the determination of moral compensation to the judge, not to analytical rules, but to inferences made from concrete and abstract circumstances

In short, the factors considered are the financial circumstances of the parties, the perceived magnitude of the resulting moral damage, the degree of fault, and the power of the Turkish Lira (TL) to determine the amount to be awarded. A clear and concise explanation of the claim is crucial for awarding moral damages. Reports, prescriptions, forensic reports, and minutes that are in accordance with the legal format, or have been corrected and certified, and that clearly demonstrate the extent of the damage, must be submitted to the court in a timely manner.

Monetary compensation can be defined as follows:

1. Scope of Monetary Compensation in Case of Bodily Harm (Injury)

Temporary disability certificate and subsequent losses; that is, the calculable damages suffered by the worker who was unable to work during the specified period.

Losses resulting from permanent disability are directly related to the disability rate and are determined by a doctor's report. The doctor's report determines the disability rate. The relevant portion of the financial compensation is determined based on this disability rate.

All health and social expenses incurred during the treatment period

Lost profit = loss. In this case, the missed opportunity should also be claimed according to the specific characteristics of the concrete situation.

2. Scope of Financial Compensation in Case of Death

The scope of a claim for monetary compensation in the event of death is defined in Article 53 of the Turkish Code of Obligations. According to the law, the monetary damages incurred and claimable in the event of death are specifically as follows:

Funeral expenses.

If death did not occur immediately, medical expenses and losses resulting from the reduction or loss of earning capacity.

The losses suffered by those deprived of the deceased's support. Compensation for loss of support is a monetary compensation and can be claimed during a workplace accident compensation lawsuit.

 

Where to File a Workplace Accident Compensation Lawsuit?

In cases of workplace accidents, the generally competent court is the court of the domicile of the defendant, whether a natural or legal person, at the time the lawsuit is filed. If there is more than one defendant, the court of the domicile of one of them is also competent.

The labor court of the place where the work accident or injury occurred is also authorized to hear claims for material and moral damages arising from work accidents.

The labor court in the place of residence of the worker who suffered disability due to a work accident, or the relatives of the deceased worker if death occurred, also has jurisdiction.

 

How long does a workplace accident compensation lawsuit take?

Rising inflation and the instability of investment instruments like foreign exchange are forcing people to do calculations. Considering the costs and fees involved, the question of how long a workplace accident compensation lawsuit will take is a matter of concern. Compensation claims arising from workplace accidents depend on whether the accident resulted in death or injury.

In workplace injuries resulting from work-related accidents, the defendant often objects to the disability rate determined by the medical board, and this, to some extent, prolongs the case.

The statute of limitations for injuries resulting from workplace accidents is approximately 5 years. For fatal workplace accidents, the statute of limitations is around 2-3 years.

 

Examination of the Employer's Criminal Liability in Workplace Accidents from a Movable Liability Perspective

In workplace accidents that do not result in limb loss or other serious consequences, the offenses fall under the category of simple intentional bodily harm. Such offenses are subject to settlement, and a settlement is possible within a short period. Since settlement is not a means of enrichment, substantial amounts cannot be demanded. However, justified and actual damages, such as lost profits, can be claimed in full.