Rights of Workers Injured in Occupational Accidents and the Compensation Process

Türeli & Ceylan Law Firm – Labour Law and Compensation Claims

An occupational accident refers to an unexpected incident that occurs during work or in connection with the job, affecting the employee’s physical or mental well-being.

But what are a worker’s rights in the event of such an accident?
What responsibilities does the employer hold?
How can compensation be claimed?

This article outlines the legal definition of a work accident, employer obligations, types of compensation available, and the relevant legal procedures. We also emphasize the importance of seeking legal assistance to prevent any loss of rights for the employee.

What is an Occupational Accident?

Article 13 of the Social Insurance and General Health Insurance Law No. 5510 defines an occupational accident as:

“An accident that occurs at the workplace, due to work carried out by the employer, or while the insured is performing a duty outside the workplace on behalf of the employer.”

Incidents considered occupational accidents include:

• Injuries sustained at the workplace
• Accidents occurring while performing tasks assigned by the employer outside the workplace
• Accidents during commuting in company-provided transport
• Accidents in workplace premises such as restrooms, breastfeeding rooms, etc.

What is the Employer’s Responsibility?

Article 4 of the Occupational Health and Safety Law No. 6331 imposes a clear duty:

“The employer is obliged to ensure the occupational health and safety of employees related to the work being performed.”

Key obligations include:

• Conducting risk assessments
• Providing protective equipment
• Delivering necessary training
• Performing regular audits
• Implementing preventive measures

Failure to fulfill these obligations may result in the employer being held fully liable for the consequences of the accident.

Legal Rights Following a Work Accident

1. Temporary Incapacity Allowance
   • Paid daily by the Social Security Institution (SGK) during recovery.
2. Permanent Incapacity Pension
   • Granted if the accident results in lasting physical impairment.
3. Disability Determination
   • If SGK certifies more than 60% disability, early retirement may be granted.
4. Compensation Lawsuits
   • Claims for material and moral damages
   • Loss of support compensation in case of death
5. Criminal Liability of Employer
   • In cases of gross negligence or failure to implement safety measures, the employer may face criminal charges for injury or manslaughter by negligence.

When to File a Compensation Claim?

Article 146 of the Turkish Code of Obligations No. 6098:

“The general statute of limitations for compensation claims is 10 years.”

However, a 5-year limitation period is commonly applied in occupational accident cases.

Possible legal actions include:

• Compensation lawsuit before Labour Courts
• Criminal complaint before Criminal Courts (if negligence is involved)
• Administrative lawsuit if the employer is a public institution

How is a Work Accident Reported?

• Employers must report the incident to SGK within 3 business days.
• Hospitals or physicians may also notify SGK via the health system.
• If the employer fails to report, the employee may file directly with SGK.

Occupational accidents can have life-altering consequences. To secure your legal rights and obtain rightful compensation, consulting an experienced labour law attorney is essential.

For more information or to book a consultation, please contact Türeli & Ceylan Law Firm.