Legalixa Law Firm’s employment law attorneys are prepared to represent employers in connection with virtually every aspect of the employment relationship including workplace injury lawsuits in Turkey.
Table of Contents
Regulations on labor law are mainly contained in Labor Law No. 4857. Therefore, in case of a legal dispute, this law should be looked at first.
Requirements for a Work Accident Case
The elements sought for an incident to be considered a work accident in terms of SSK legislation and therefore necessary assistance by the institution are as follows;
Presence of an Accident
Article 13 of the Social Insurance and General Health Insurance Law No. 5510 defines work accidents. If one of these events, which are listed in five situations, occurs, a work accident will be mentioned;
- Any accident that occurs while the insured is at work is considered an occupational accident. As it is seen, it is sufficient for an accident to occur at the workplace, and it does not matter if it happens while working or during rest. For example, the suicide of an employee at the workplace or being shot by an opponent is considered an occupational accident.
- If the insured works independently on his own behalf and account due to the work carried out by the employer, in case of an accident due to the work he is carrying out, a work accident will also be considered. The important thing is that the accident occurs while the business is in progress. It doesn’t matter how you win. If a worker working in an auto repair business is hit by another vehicle while repairing the vehicle, it is mentioned that there is an occupational accident.
- An accident that occurs when the insured employee working for an employer is sent to another place outside the workplace as an employee, is also considered a work accident. The important thing is that it is assigned by the employer. There is no restriction in terms of location. Even if it takes place in another country, it is within this scope.
- The accident that the insured lactating woman suffers during the time allotted to give milk to her child in accordance with labor legislation is also a work accident. It is not important that the accident occurred at the workplace, the important thing is that the accident occurred during the breastfeeding period given by the employer.
- Accidents incurred by the insured while traveling to and from the place of work with a vehicle provided by the employer are also included in the scope of a work accident. For example, if a vehicle hits a worker waiting for the service to go to work, there is an occupational accident.
For the worker to benefit from the rights related to the work accident, he must suffer physical or mental damage at the time of the accident or afterward.
Injured Employee Must Be Insured
Persons employed by the employer pursuant to an employment contract are deemed to be self-insured. In this context, it does not matter if they are not reported by the employer. Failure to notify is a liability for the employer.
There Must be an Appropriate Link
The existence of a causal link depends on the presence of a cause-effect relationship between the accident and the damage.
Application to the Institution, Notification
According to the nature of the worker, it is obligatory to notify the law enforcement authorities immediately and within three working days at the latest, and within three working days, not exceeding one month, for workers who are qualified to make a personal notification to the Institution, directly or by registered mail, with a work accident and occupational disease report.
Reach us for Workplace Injury Cases in Turkey
Legalixa Law is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s global market. Since 1992, our lawyers have been helping clients with complex legal challenges and maximizing opportunities for success.
Our law firm is now one of the leading employment law firms in Istanbul, Turkey. You may reach us for workplace injury lawsuits in Turkey through our Contact page.