Workplace Accident Compensation Lawsuit

WHAT IS A WORKPLACE ACCIDENT? LEGAL DEFINITION AND SCOPE

While commonly known simply as "accidents that happen at work," workplace accidents have a much broader and more technical scope within the Turkish legal system. For an event to be considered a workplace accident, it doesn't necessarily have to occur at the workplace; it's sufficient that the worker was under the employer's authority at the time or involved in a process related to the execution of the work.

1. Definition of Work Accident According to Law No. 5510

In Turkish law, the clearest definition of an occupational accident in Article 13 of the Social Security and General Health Insurance Law No. 5510. According to this article, for an accident to be classified as an "occupational accident," it must have occurred to the insured person under one of the following five circumstances:

1. While at the Workplace: Any accident that occurs while an insured person is at the workplace is considered a workplace accident. It is not necessary for the worker to be working at that moment. For example, slipping while walking in the garden during a lunch break or something falling on them in the休息室 (rest room) are also considered workplace accidents.
2. Due to the Performance of Work: These are accidents that occur while performing a task assigned by the employer. Even if the worker is outside the workplace (for example, a courier having an accident while delivering a package), it is considered a work accident because they were performing the job.
3. Assignment to Another Location: These are accidents that occur to a worker who is sent outside the main workplace at the employer's instruction, during periods when they are not performing their main job (traveling, staying in a hotel, etc.).
4. During Breastfeeding Leave (Breastfeeding Leave): Accidents that occur to a female insured person during the time allocated for breastfeeding her child (whether on the road or at home) are legally considered work-related accidents.
5. During Transportation by Service Vehicles: These are accidents that occur while workers are traveling to and from the workplace in a vehicle provided by the employer. If the worker is traveling in their own vehicle, this is excluded; however, it is mandatory that the vehicle used is rented or allocated by the employer.

2. Elements of the Accident: An External Event and Physical/Psychological Harm

According to Supreme Court rulings, for an incident to be considered a workplace accident, it is not enough for it to simply occur in the locations mentioned above; the following two elements must also be present:

• External Event: The accident must be caused by a sudden and external impact (falling, impact, poisoning, etc.) that is outside the worker's control.
• Element of Damage: The worker must have become physically or mentally disabled immediately or subsequently as a result of the incident .

3. Controversial Areas: Heart Attack and Suicide

One of the most frequently asked questions in current legal practice is: "Is having a heart attack at work considered an occupational accident?" The answer is yes. According to the established jurisprudence of the Supreme Court of Appeals, a heart attack suffered by an employee at work is considered an occupational accident, regardless of whether the incident is work-related (due to the criterion of it occurring at the workplace). Similarly, if the reasons that drive an employee to suicide are workplace pressure or working conditions, suicide cases occurring at the workplace are also considered within the scope of occupational accidents.

4. What is a Workplace Accident Determination Lawsuit?

If the employer fails to report the accident to the Social Security Institution (SGK), or if the SGK does not recognize the incident as a "workplace accident," the worker or their heirs must first a lawsuit to determine whether the incident was a workplace accident. A compensation claim cannot be pursued before this lawsuit is concluded, as the amount of compensation will only be determined after the incident is officially registered as a "workplace accident."

 EMPLOYER'S RESPONSIBILITY IN WORKPLACE ACCIDENTS AND DETERMINATION OF FAULT

In workplace accident cases, the mere occurrence of an accident is not sufficient for compensation to arise; it is also examined whether the employer was negligent, at fault, or committed a legal violation in causing the accident. Our primary guide in this examination the Occupational Health and Safety (OHS) Law No. 6331.

1. The Employer's General Duty of Supervision and Oversight

In our legal system, employers are under a "duty of care" in return for the employee's duty of loyalty . This duty obligates the employer to protect the employee from all risks of work-related accidents and occupational diseases. The employer's responsibility rests on three fundamental pillars:

1. Taking Preventive Measures: Not just taking precautions after an accident occurs, but eliminating the possibility of an accident happening in the first place (Risk Analysis).
2. Providing Training: It's not enough to simply hand over the equipment to the worker; periodic training must be provided on how to use that equipment and what the risks of the job are.
3. Continuous Monitoring: The employer's defense of "I provided the hard hat, but the employee didn't wear it" is generally not accepted by the Supreme Court. The employer is obligated to monitor whether the hard hat is being worn and to impose sanctions on employees who do not wear it.

2. Determination of Fault Rates and Expert Examination

The court decides to send the case to an expert witness to examine how the accident occurred . The expert witness assigns 100% of the blame for the incident

• Employer Fault: Failure to take technical precautions, lack of protective equipment, incorrect machine operation, or inadequate supervision.
• Worker Fault (Contributory Negligence): The worker's blatant disregard for rules in a matter for which training has been provided and all precautions have been taken (for example, intentionally failing to wear a seatbelt).
• Third-Party Fault: The accident is caused by someone other than the employer (for example, a subcontractor or another driver on the road).
• Unavoidability (Breakdown of Causal Link): Situations where, given the state of science and technology at the time, an accident cannot be prevented even with all precautions (e.g., unforeseen natural events). However, due to modern occupational safety and health regulations, courts keep the degree of unavoidability very low.

3. Strict Liability in Workplace Accidents

In some special cases (such as in hazardous workplaces), the employer may be held liable for damages even if they are not at fault. However, the general practice is to determine whether the employer has violated any obligations stipulated by law.

4. Administrative Responsibility Pursuant to Law No. 6331

After a workplace accident occurs, inspectors from the Ministry of Labor and Social Security conduct an investigation at the workplace. The report prepared as a result of this investigation is one of the most important pieces of evidence for a compensation lawsuit. If the inspector's report identifies gross negligence, it becomes almost impossible for the employer to prove "blameless" in a compensation lawsuit.

 TYPES OF MATERIAL COMPENSATION AND CALCULATION METHODS

A compensation lawsuit filed as a result of a workplace accident aims to compensate the insured for the economic losses suffered due to the violation of their physical integrity. Here, the "disability rate" and "earnings" are combined to create a compensation formula.

1. Temporary Incapacity Compensation (Losses During Rest Period)

period following an accident during which a worker is hospitalized or receives treatment at home, meaning they are unable to work, temporary disability .

• Scope: During this period, the worker experiences a loss of income because they do not receive their salary. The Social Security Institution (SGK) pays part of this period as "temporary disability benefit" (sick pay).
• Portion to be Claimed: The difference between the amount paid by the Social Security Institution (SGK) and the employee's actual salary, as well as any extra treatment costs incurred during this period (medication, prosthetics, special care expenses not covered by SGK, etc.), will be claimed from the employer.

2. Permanent Disability Compensation (Invalidity Compensation)

If a worker suffers a permanent physical disability (loss of a limb, limited mobility, etc.) as a result of a workplace accident, this permanent disability . This is based on the assumption that the worker will have to exert more effort or be unable to work at all for the rest of their working life.

a. Determining the Rate of Loss of Earning Capacity in the Profession

The "multiplier" for monetary compensation is this rate. At the beginning of the case, the worker is always referred to a fully equipped hospital or the Forensic Medicine Institute.

• Disability Assessment: For example, if the loss of a finger results in a 10% disability, the calculation is made as if the worker will earn 10% less income each month for the rest of their life.
• Occupational Impact: The same injury can lead to different rates of loss in different occupational groups. A pianist losing a finger is assessed differently than a security guard losing a finger in terms of "loss of earning capacity in the profession."

b. Actuarial Calculation: Compensation Formula

The court sends the case to an actuarial expert . The expert uses the following data to arrive at a figure:

1. Life Expectancy: Determines how long the worker is expected to live after the accident (according to PMF 1931 or TRH 2010 tables).
2. Active and Passive Periods: It is assumed that the worker will work until the age of 65 (active) and retire after 65 (passive).
3. Actual Earnings: Registering an employee as insured based on the minimum wage does not prevent a compensation claim. The court will contact the relevant professional associations to inquire about the employee's comparable wage and calculate the compensation based on their actual salary.
4. Fault Reduction: A reduction is applied to the total calculated amount in proportion to the employee's own fault.

3. Compensation for Loss of Support (Fatal Accidents)

If a workplace accident results in death, the focus is no longer on the worker's own loss, but on the loss suffered by those he or she was responsible for supporting. Article 53 of the Turkish Code of Obligations, the spouse, children, and parents can claim this compensation.

• Distribution: The employee's income is divided into shares in specific proportions. For example, 50% to the spouse, 25% to the children. The support period for children is usually determined according to their educational status, typically at 18, 22, or 25 years of age.

4. Offsetting Recoverable Income from the Social Security Institution (The Most Critical Point)

This is the most technical aspect of workplace accident compensation cases. The Social Security Institution (SGK) provides a "Permanent Disability Income" to the worker who suffered the workplace accident. By law, a person cannot receive full payment from both the state and the employer for the same injury.

• Present Value of Compensation: The total value of the salary paid to the worker by the Social Security Institution (Present Value of Compensation) is deducted from the amount of compensation calculated by the expert.
• Remaining Compensation: The employer is only obligated to pay the "difference" compensation not covered by the Social Security Institution (SGK). Therefore, a claim for monetary compensation cannot be concluded without establishing an SGK income.

MORAL DAMAGES AND THE JUDGE'S DISCRETIONARY POWER

Non-pecuniary damages aim to alleviate, to some extent, the pain, distress, grief, and psychological distress experienced by the worker (or their relatives in case of death) as a result of a workplace accident. Unlike pecuniary damages, there is no actuarial table or formula here. The ultimate power lies in the judge's discretion.

1. What is the purpose of moral damages?

Moral compensation is not a means of unjust enrichment; however, it should not be a symbolic amount either. Article 56 of the Turkish Code of Obligations No. 6098 , the judge determines a fair amount, taking into account the specifics of the case. The purpose of this compensation is to help restore the worker's damaged mental balance and to serve as a "punishment" for the employer's fault.

2. Criteria for Determining the Amount of Non-Pecuniary Damages

When determining the amount of compensation for non-pecuniary damages, the judge weighs the following factors:

1. Fault Ratios: If the employer is guilty of gross negligence or a deliberate breach of rules (for example, knowingly disabling the safety lock), the amount of compensation for non-pecuniary damages will be determined to be much higher.
2. Degree of Disability: In cases of limb loss, paralysis, or injuries that disfigure the appearance (such as permanent facial scarring), the extent to which the person's social life is affected is considered.
3. Social and Economic Status (SES) of the Parties: The court investigates the assets of the parties. The fact that a very large holding company would pay 100,000 TL will have a different impact in terms of "deterrence" compared to the same amount paid by a small workshop.
4. Purchasing Power of Money: Taking into account the economic conditions and inflation at the time the compensation is given, the aim is for the money to provide real comfort in the worker's life.

3. Moral Compensation Through Reflection (The Right of Relatives)

Normally, compensation is a right strictly personal to the individual. However, if a worker has suffered a serious loss of bodily integrity as a result of a workplace accident (for example, entering a vegetative state, losing both legs, etc.), not only the worker but also their spouse, children, and parents, who are deeply saddened by this situation, can file a claim for moral damages in their own name.